POINT BY POINT OUTLINE
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
1) ERCHIN APPLIES TO EVERYONE
(a) (If one says "Erech Ploni Alai," this obligates him to give to Hekdesh a certain amount based on Ploni's age and gender - Vayikra 27:2-7. If one says "Demei Ploni Alai," he must give Ploni's monetary (slave) value. Tosfos - we estimate what someone would pay to buy him to be an Eved Kena'ani. Presumably, Rashi argues, for he evaluates Nezek based on one's worth as an Eved Ivri. On 19b we find that evaluations of Damim and Nezek are based on the same kind of slave.)
(b) (Mishnah): Everyone can be Ma'arich (pledge to give an Erech), be Ne'erach (others can pledge to give his Erech), Noder (vow to give one's value), or be Nidar (others can vow to give his value), i.e. Kohanim, Leviyim and Yisraelim, women, and slaves. (We now give exceptions to this rule.)
(c) A Tumtum or Androginus can be Noder, Nidar and Ma'arich, but he cannot be Ne'erach;
1. Only a definite male or female has an Erech.
(d) A child, lunatic or Cheresh can be Nidar and Ne'erach, but he cannot be Noder or Ma'arich, for he has no understanding.
(e) (Gemara) Question: It says "everyone can be Ma'arich." Whom does this include?
(f) Answer: It includes Mufla Samuch l'Ish (a minor shortly before adulthood. If he understands to Whom we vow, his vows takes effect.)
(g) Question: (Everyone can be) Ne'erach. Whom does this include?
(h) Answer: It includes one who is Menuval and (Tosfos; Rashi - or) Muchas Shechin (disgusting and/or leprous);
1. It says "Neder b'Erkecha." One might have thought that Erchin applies precisely to those who can be Nidar. (Menuval or Muchas Shechin has no value, for no one would pay to buy him for a slave.) The Mishnah teaches this is not so. "Nefashos" includes one of any (or no) value.
(i) Question: (Everyone can be) Noder. Whom does this include?
(j) Answer: This does not teach a Chidush (a law we would not have known). It is taught due to Nidar.
(k) Question: Whom does "(everyone can be) Nidar" include?
1. It need not include any of the following, for our (or a later) Mishnah explicitly teaches them - a Tumtum, Androginus, child, lunatic, Cheresh, a baby less than a month old, and a Nochri.
(l) Answer: Indeed, it includes a baby less than a month old. Our Mishnah alludes to this, and a later Mishnah teaches it explicitly.
2) INCLUSIONS OF OTHER MISHNAYOS AND BERAISOS
(a) Question: Whom do we include from "everyone does Semichah" (leans on his Korban before Shechitah)?'
(b) Answer: We include an heir (who inherited a Korban). That Mishnah is unlike R. Yehudah.
(c) Question: Whom do we include from "everyone can make Temurah (but it is forbidden)"?
(d) Answer: We include an heir. That Mishnah is unlike R. Yehudah:
1. (Beraisa): An heir does Semichah. An heir can make Temurah;
2. R. Yehudah says, an heir does not do Semichah, and he cannot make Temurah.
3. Question: What is R. Yehudah's reason?
4. Answer: He learns Semichah from "Korbano", but not his father's Korban;
i. From the "end"" of Hekdesh (Semichah, which is just before Shechitah) he learns to the beginning of Hekdesh (an heir cannot make Temurah.)
5. Chachamim expound "Hamer Yamir" to include an heir (he can make Temurah);
i. They learn the end of Hekdesh (Semichah) from its beginning (Temurah). Just like an heir can make Temurah, he can be Somech.
(e) Question: How do Chachamim expound (the three times it says) "Korbano"? (It says "Korbano" twice in the Parshah of Semichah. We expound also "Rosho" as if said "Korbano". Alternatively, we also expound a third "Korbano" from another Parshah.)
(f) Answer: They teach that Semichah does not apply to a Nochri's Korban, that Reuven may not be Somech on Shimon's Korban, and that every partner on a Korban must be Somech.
1. R. Yehudah uses one of the three to exclude an heir. He does not expound that every partner must be Somech. (Rather, one is Somech for all of them);
2. Alternatively, he holds that one "Korbano" excludes Semichah on another's Korban, be it a Yisrael or Nochri, and one "Korbano" excludes an heir. (We cannot learn from the first verse, for sometimes an heir is considered just like the deceased.) The third requires all partners to be Somech.
(g) Question: How does R. Yehudah expound "Hamer Yamir"?
(h) Answer: This includes a woman (she can make Temurah):
1. (Beraisa) Question: The entire Parshah of Temurah is written in the masculine. What is the source that it also applies to women?
2. Answer: It says "Hamer Yamir."
(i) Chachamim expound "v'Im" to include women. R. Yehudah does not expound "v'Im."
(j) Question: A Beraisa teaches that "everyone is obligated in the Mitzvah of Sukah." Whom does this include?
(k) Answer: It includes a child who does not need his mother. (He does not cry for her when he wakes up during the night).
1. (Mishnah): A child who does not need his mother is obligated in Sukah (due to Chinuch, i.e. training in Mitzvos).
(l) Question: A Beraisa teaches that "everyone is obligated to take a Lulav" (and the rest of the four species). Whom does this include?
(m) Answer: It includes a child who knows how to shake it:
1. (Mishnah): A child who knows how to shake is obligated to take a Lulav.
(n) Question: A Beraisa teaches that "everyone is obligated to put Tzitzis (on the corners of his four-cornered garment)." Whom does this include?
(o) Answer: It includes a child who knows how to cover himself (in a Talis):
1. (Beraisa): A child who knows how to wrap himself (in a Talis) is obligated in Tzitzis. (Some say that this is with one in front and one in back on the right, and similarly on the left.)
(p) Question: A Beraisa teaches that "everyone is obligated to wear Tefilin." Whom does this include?
(q) Answer: It includes a child who knows how to guard (Kedushas) Tefilin. (He will not sleep, emit gas or enter a bathroom while wearing them);
1. (Beraisa): When a child knows how to guard Tefilin, his father buys Tefilin for him.
3) INCLUSIONS OF OTHER MISHNAYOS AND BERAISOS (cont.)
(a) Question: A Mishnah teaches that "everyone is obligated in Re'iyah (to enter the Mikdash on each festival and offer an Olah and Shelamim)." Whom does this include?
(b) Answer #1: It includes a half-slave. (E.g. one of two partners in a slave freed his half.)
(c) Question: According to Ravina, a half-slave is exempt from Re'iyah. What does it include?
(d) Answer #2: It includes someone who was lame (and therefore exempt) on the first day of the festival, and healed on the second day.
(e) Question: This is like the opinion that all the days are Tashlumim (compensation) for each other. (The Mitzvah intrinsically applies on each day);
1. However, according to the opinion that all the days are Tashlumim for the first, since he was exempt on the first day, he is exempt every day!
(f) Answer #3: It includes someone blind in one eye. It is unlike the following Tana:
1. (Beraisa - Yochanan ben Dehavai): Someone blind in one eye is exempt from Re'iyah;
2. Version #1 (Rashi): (In the Parshah of Re'iyah) it is written "Yir'eh" (will see). We read this "Ye'ra'eh". Just like Hash-m sees you with His "two eyes," you see Him (His glory) with two eyes. (One who cannot do so is exempt.)
3. Version #2 (R. Gershom): (The Akeidah was at the Makom ha'Mikdash, where) it says "Yir'eh" and "Ye'ra'eh". Just like Hash-m will see those who come (there for Re'iyah) with His "two eyes," He will be seen by those who come with two eyes.
4. Version #3 (R. Gershom): Just like Tzara'as must be seen by a Kohen with two (working) eyes (Vayikra 13:12, "l'Chol Mar'eh Einei ha'Kohen"), those who (are obligated to) come for Re'iyah have two eyes.
(g) Answer: Answer #1 (it includes a half-slave) is even according to Ravina. Our Mishnah is like the Mishnah Acharonah. Ravina's law is according to the Mishnah Rishonah:
1. (Mishnah - Beis Hillel): A half-slave alternates. He serves his master for one day, and himself for one day;
2. Beis Shamai: That is good for the master, but not for the slave. He cannot marry!
i. He cannot marry a slave (since he is half-free). He cannot marry a Bas Yisrael (since he is a half-slave).
ii. Suggestion: Perhaps he will not marry!
iii. Rejection: The world was created for the sake of reproduction - "Lasheves Yetzarah"!
3. Rather, we force the master to free the slave. The slave writes a document obligating himself to pay the master half of his value.
4. Beis Hillel retracted, and agreed with Beis Shamai.
(h) Question: A Beraisa teaches that "everyone is obligated to blow the Shofar." Whom does this include?
(i) Answer: It includes a child above the age of Chinuch (for this Mitzvah);
1. (Mishnah): We do not stop children from blowing a Shofar on Rosh Hashanah. (We encourage them to blow, so they will learn.)