BERACHOS 25 (8 Elul) - Dedicated in memory of Esther Miryam bas Harav Chaim Zev and her husband Harav Refael Yisrael ben Harav Moshe (Snow), whose Yahrzeits are 7 Elul and 8 Elul respectively. Sponsored by their son and daughter in law, Moshe and Rivka Snow.
 
12TH CYCLE:
 
(Purim) Dedicated l'Iluy Nishmas HaRav Ze'ev Wolf Rosengarten of Zurich, Switzerland, a person of "Sheleimus" in every way, who passed away on 14 Adar 5760. Dedicated in honor of his Yahrzeit by his nephew and Talmid, Eli Rosengarten of Zurich.

1)WHEN MAY ONE SAY SHEMA?

(a)(Rav Huna): If one's cloak was girded on his hips, he may say Shema (even though he is bare above the waist).

(b)Support (Beraisa): If a cloak of fabric, leather or sackcloth was girded on one's hips, he may say Shema;

1.One may not pray unless his heart is covered.

(c)(Rav Huna): If one forgot to remove his Tefilin before entering a Beis ha'Kisei, he should put his hand over them until he finishes.

(d)Objection: This cannot be!

(e)Clarification: He must mean like Rav Nachman bar Yitzchak said, until the first Amud (piece) is excreted.

(f)Question: He should stop right away and arise!

(g)Answer: He does not stop, due to R. Shimon ben Gamliel's teaching:

1.(Beraisa - R. Shimon ben Gamliel): If excrement starts to leave the body and returns, this causes Hadrokan (in which the stomach swells);

2.If one does not urinate when he must, this causes jaundice.

(h)(Rav Huna): [Even] if excrement is on one's body, or if his hand is inside (the wall around) a Beis ha'Kisei, he may say Shema;

(i)(Rav Chisda): He may not say Shema.

(j)(Rava): Rav Huna learns from "Kol ha'Neshamah Tehalel Kah" (the respiratory organs (nose and mouth) praise Hash-m, we are not concerned for the cleanliness of the rest of the body);

(k)Rav Chisda learns from "Kol Atzmosai Tomarnah Hash-m Mi Chamocha" (all the limbs praise Hash-m).

(l)(Rav Huna): If there is a bad smell she'Yesh Lo Ikar (with a source, e.g. excrement), one must distance himself four Amos (from the source);

(m)(Rav Chisda): He must distance himself four Amos from where the smell ends.

(n)Support (for Rav Chisda - Beraisa): One may not say Shema facing excrement of people, dogs, pigs, or chickens, or a foul smelling wasteheap;

1.If it was ten Tefachim above or below him, he may say Shema next to it; if not, he must distance himself until he cannot see it.

2.The same applies to Shemoneh Esreh.

3.If there is a bad smell she'Yesh Lo Ikar, one must distance himself four Amos from the smell.

(o)(Rava): The Halachah does not follow this Beraisa, rather, it is follows a different Beraisa:

1.(Beraisa): One may not say Shema facing human excrement, nor that of dogs or pigs if hide was put in (to be tanned).

(p)Question: What is the law regarding a bad smell she'Ein Lo Ikar?

(q)Answer (Rav Sheshes): Look at the mattresses of the [Talmidim who study in the] Beis Medrash; some Talmidim learn while others sleep (and pass wind);

1.Learning Torah is permitted (when there is a smell), but not to say Shema.

2.Even learning Torah is permitted only when it was someone else who passed wind, but one may not learn in the presence of an odor that he emitted.

2)SAYING SHEMA NEAR EXCREMENT OR URINE

(a)(Since these are bad smells that have a source (she'Yesh Lahem Ikar), when Shema is forbidden, Divrei Torah are also forbidden.)

(b)(Abaye): One may say Shema at the time that excrement passes by;

(c)(Rava): One may not say Shema then.

(d)Support (Abaye, for himself (and question against Rava) - Mishnah): If a Metzora stands (is stationary) under a tree and a Tahor person passes (below the tree), the latter becomes Tamei;

1.If the Tahor stands under a tree and the Metzora passes under, the Tahor remains Tahor.

2.If the Metzora stopped (under the tree), the Tahor becomes Tamei.

3.The same applies to a stone from a house with Tzara'as that rests or is passed under the tree.

4.(Just like Tum'ah in motion is not Metamei, excrement in motion does not forbid saying Shema!)

(e)Answer (Rava): Tum'as Tzara'as depends on being fixed in place -- "Badad Yeshev mi'Chutz la'Machaneh Moshavo";

1.The Torah requires "v'Hayah Machanecha Kodesh" for saying Shema -- this does not apply when excrement passes through.

(f)(Rav Papa): A pig's snout is like passing excrement.

(g)Question: This is obvious (there is always excrement on it)!

(h)Answer: Rav Papa forbids even if the pig just left the river.

(i)Version #1 (Rav Yehudah): If there is a Safek that excrement is present, it is forbidden to say Shema; if there is a Safek that urine is present, it is permitted.

(j)Version #2 (Rav Yehudah): If there is a Safek that excrement is in the house, it is permitted (for excrement is not normally found there); if there is a Safek that excrement is in the wasteheap, it is forbidden (to say Shema near there);

1.A Safek about urine is permitted even in a wasteheap.

(k)He holds like Rav Hamnuna and R. Yonasan:

1.(Rav Hamnuna): The Torah forbids saying Shema near urine only as it exits, before it reaches the ground.

2.Contradiction (R. Yonasan): It says, "v'Yad Tiheyeh Lecha mi'Chutz la'Machaneh v'Yatzasa Shamah Chutz" (you must leave the inhabited area in order to relieve yourself, you need not cover it); it also says, "v'Yased Tiheyeh Lecha... v'Chisisa Es Tze'asecha" (you must cover it)!

3.Resolution: One must cover excrement, one need not cover urine.

i.This teaches that the Torah forbids saying Shema near urine only while it is falling; once it reaches the ground, it is permitted;

ii.Chachamim forbid after it is on the ground; they decreed only about definite urine.

(l)Question: How long [after urine reached the ground] is it forbidden?

(m)Answer #1 (Shmuel, Rabah bar bar Chanah, and Ula): It is forbidden as long as it can wet what touches it.

(n)Answer #2 (Geniva citing Rav): It is forbidden as long as the ground looks different on account of the urine.

(o)Rav Yosef: Geniva erred! Rav Yehudah cited Rav to permit Shema near excrement that [dried and] formed a crust (all the more so, if there is merely a trace of urine on the ground)!

(p)Abaye: Why do you rely on that teaching, and not on the following?

1.(Rabah bar Rav Huna citing Rav): Even if excrement is as hard as earthenware, it is forbidden.

2.Question: When is excrement considered to be as hard as earthenware?

3.Version #1 - Answer (Rabah bar bar Chanah): This is when it does not crumble when thrown.

4.Version #2 - Answer (Rabah bar bar Chanah): This is when it does not crumble when rolled.

(q)Version #1: R. Yehudah mi'Difti once asked Ravina to check if excrement had formed a crust.

(r)Version #2: He asked him to check if it had cracks.

3)THE HALACHIC CONCLUSION

(a)Question: What was the conclusion?

(b)Answer: Ameimar forbid excrement that is like earthenware, Mar Zutra permitted it.

(c)(Rava): The Halachah is, excrement like earthenware is forbidden, urine is forbidden as long as it can wet.

(d)Question (Beraisa): Urine is forbidden as long as it can wet; if it was absorbed or dried, it is permitted.

1.Suggestion: The case of absorbed urine is like dried excrement, there is no trace of it; but if there is a trace of it, it is forbidden, even though it cannot wet.

2.Objection: It also says that urine is forbidden as long as it can wet -- we should infer, if [it cannot wet, but just] there is a trace of it, it is permitted!

(e)Conclusion: The inferences contradict each other, we cannot determine from the Beraisa which is correct.

(f)Suggestion: Tana'im argue about this:

1.(Beraisa): It is forbidden to say Shema facing a vessel used for urine, even if the urine was spilled out;

2.It is permitted to say Shema where urine spilled if it was absorbed; if it was absorbed, it is forbidden.

3.R. Yosi says, as long as it can wet (it is forbidden).

4.Question: What does the first Tana mean when he says "it was absorbed," and "it was not absorbed"?

i.Suggestion: "It was absorbed" means, it cannot wet; "it was not absorbed" means, it can wet; R. Yosi says, if it can wet it is forbidden, if there is merely a trace of it, it is permitted.

ii.Rejection: If so, R. Yosi does not argue with the first Tana!

5.Answer: "It was absorbed" means, there is no trace of it; "it was not absorbed" means, there is a trace of it; R. Yosi says, if it can wet it is forbidden, if there is merely a trace of it, it is permitted.

(g)Rejection: No, all agree that if it can wet it is forbidden, if there is merely a trace of it, it is permitted;

25b----------------------------------------25b

1.They argue about whether or not it must be able to wet something else (the first Tana requires this, R. Yosi forbids even if it is not this wet).

(h)(Mishnah): If one descended to immerse, if he can come up [and say Shema before sunrise]...

(i)Suggestion: Our anonymous Mishnah is like R. Eliezer, who says that Shema must be said before sunrise.

(j)Rejection: No, it can be like R. Yehoshua (who permits until three hours) -- it is like Vatikin.

1.(R. Yochanan): Vatikin finish the morning Shema at sunrise.

4)SITUATIONS IN WHICH IT IS FORBIDDEN TO SAY SHEMA

(a)(Mishnah): If not, he should cover himself in the water and say Shema.

(b)Question: His heart sees his Ervah (Libo Ro'eh Es ha'Ervah -- there is no separation between his heart and his Ervah)!

(c)Answer (R. Elazar or Rav Acha): The case is, the water is cloudy, it is like a covering of earth.

(d)(Beraisa): One may sit in clear water up to his neck and say Shema;

1.Some say, he must make the water cloudy with his feet.

(e)Question: According to the first Tana, his heart sees his Ervah!

(f)Answer: The first Tana permits [saying Shema when] Libo Ro'eh Es ha'Ervah.

(g)Question: According to the first Tana, his heel sees his Ervah!

(h)Answer: He permits this.

(i)Version #1 (Rav Zevid): Akevo Ro'eh Es ha'Ervah is permitted;

1.(Abaye): If his heel touches his Ervah, it is forbidden (to say Shema);

2.(Rava): It is permitted.

(j)Version #2 (Rav Chinena): Abaye and Rava both forbid when his heel touches his Ervah;

1.(Abaye): Akevo Ro'eh Es ha'Ervah is forbidden;

2.(Rava): It is permitted -- people are not angels (we cannot be so careful about such things)! (End of Version #2)

(k)The Halachah is, if his heel touches his Ervah, it is forbidden (to say Shema); if his heel sees his Ervah, it is permitted.

(l)(Rava): If excrement is covered by glass, one may say Shema facing it;

1.This is because the Isur of Divrei Torah near excrement only applies when it is not covered -- a transparent covering is a covering;

(m)If Ervah is covered by glass, one may not say Shema facing it;

1."V'Lo Yir'eh Becha Ervas Davar" (it is forbidden to say Divrei Torah when Ervah is visible) -- here, it is visible.

(n)(Abaye): One may annul a small amount of excrement with spit.

1.(Rava): This is only if the spit is thick.

(o)(Rava): If excrement is in a pit, one may put his shoe over it and say Shema.

(p)Question (Mar brei d'Ravina): If the excrement touches his shoe, is it permitted?

(q)This question is unresolved.

(r)(Rav Yehudah): It is forbidden to say Shema facing the Ervah of a Nochri.

(s)Question: Why does he discuss a Nochri? It is forbidden even facing the Ervah of a Jew!

(t)Answer: One might have thought that since it says, "Asher Besar Chamorim Besaram," their Ervah is like an animal's (and it is permitted);

1.He teaches, this is not so, their Ervah is called Ervah -- "v'Ervas Avihem Lo Ra'u."

5)HETERIM FOR SAYING THE SHEMA NEAR URINE

(a)(Mishnah): He should not cover himself in smelly water or Mei Mishreh (water in which flax was soaked), until adding water.

(b)Question: Will he add so much water to annul the dirty water [of the river]?!

(c)Answer: It means, he may not cover himself in smelly water or Mei Mishreh at all;

1.He may not say Shema facing urine until adding water.

(d)(Beraisa): Question: How much water must be added?

(e)Answer #1: Any amount is enough;

(f)Answer #2 (R. Zakai): A Revi'is is required.

(g)(Rav Nachman): They argue about how much water must be added to urine, but if urine was poured into water, all agree that any amount of water suffices (each drop of urine becomes Batel when it falls into the water).

(h)(Rav Yosef): They argue about how much water must be there from the beginning, in order that the urine will be Batel, but all agree that if the urine was there first, a Revi'is of water must be added.

1.Rav Yosef asked his servant to bring a Revi'is (so that urine placed into it would be Batel) -- this is like R. Zakai.

(i)(Beraisa #1): It is forbidden to say Shema facing a vessel used for excrement or urine, even if it is empty, or facing urine, until water is added;

1.Question: How much water must one add (to annul the urine)?

2.Answer #1: Any amount is enough;

3.Answer #2 (R. Zakai): A Revi'is is required.

(j)It is forbidden whether or not the bed separates (between him and the vessel or urine);

(k)R. Shimon ben Gamliel permits if the bed separates and forbids if it does not separate;

1.However, he must distance himself four Amos (this will be explained);

(l)R. Shimon ben Elazar says, even if the house is 100 Amos, he may not say Shema until he removes it or puts it under the bed.

(m)Question: When does R. Shimon ben Gamliel require going four Amos away?

1.Is this required when the bed does not separate, but when it separates, he need not distance himself at all;

2.Or, does he require four Amos when the bed separates, but it will not help if it does not separate?

(n)Answer (Beraisa #2 - R. Shimon ben Elazar): If the bed separates, he need not distance himself at all; if it does not separate, he must distance himself four Amos;

(o)R. Shimon ben Gamliel says, even if the house is 100 Amos, he may not say Shema until he removes it or puts it under the bed.

(p)Question: This resolves our question (surely, R. Shimon ben Gamliel in Beraisa #1 holds like R. Shimon ben Elazar in Beraisa #2), but it raises a contradiction in the opinions of R. Shimon ben Gamliel and R. Shimon ben Elazar!

(q)Answer: The opinions in Beraisa #2 must be switched.

(r)Question: Why must we switch Beraisa #2, and not Beraisa #1?

(s)Answer: We know (Rav Nisim Gaon - from Maseches Eruvin) that R. Shimon ben Elazar considers the entire house like four Amos.

6)IS A BED CONSIDERED A COVERING?

(a)(Rav Yosef): Clearly, if the legs of a bed are less than three Tefachim high, the bed is "Lavud" (considered connected) to the ground, anything underneath is considered covered;

(b)Question: What is the law if the bed is between three and nine Tefachim tall?

(c)Rav Huna could not answer.

(d)(Rav Yosef): I did not ask in a case where the legs are at least ten Tefachim high.

(e)(Abaye): It was proper not to ask, because, surely, since the bed is a domain unto itself (since it is higher than ten Tefachim), what is underneath it is not considered covered.

(f)(Rava): The Halachah is, if the bed is less than three, it is Lavud;

1.If it is at least ten, it is a domain unto itself;

2.If it is between three and nine, Rav Huna could not answer (this is unresolved).

(g)(Rav and Bali): The Halachah follows R. Shimon ben Elazar.

(h)(Rava): The Halachah does not follow R. Shimon ben Elazar.

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