12TH CYCLE DEDICATIONS:
 
PESACHIM 6-10 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the sixth Yahrzeit of her father, Reb Mordechai ben Eliezer Zvi (Rebbi Morton Weiner) Z'L, who passed away 18 Teves 5760. May the merit of supporting and advancing Dafyomi study, which was so important to him, during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

[7a - 44 lines; 7b - 52 lines]

1)[line 1]וניבטליה בשיתV'NIVTELEI B'SHIS- let him nullify [his Chametz] at [the beginning of] the sixth hour (when he will certainly remember, since he is busy burning it)

2)[line 4]המקדשHA'MEKADESH- one who betroths [a woman]

3)[line 5]בחיטי קורדניתאB'CHITEI KURDANYASA- with [the extremely tough] wheat of Cordyene (a district lying to the east of the Tigris River, south of Armenia) [that came into contact with water]

4)[line 5]אין חוששין לקידושיןEIN CHOSHESHIN L'KIDUSHIN (KOL D'MEKADESH A'DA'ATA D'RABANAN MEKADESH)

(a)Under certain circumstances, the Rabanan will retroactively "uproot" a betrothal which is valid mid'Oraisa. One reason why the Rabanan will take such a measure is in order to protect the husband or wife from the effects of a Get or Kidushin which may cause them emotional torment. The manner in which the Rabanan are able to affect the Kidushin is through a principle known as "Kol d'Mekadesh a'Da'ata d'Rabanan Mekadesh." This principle states that whenever a man is Mekadesh a woman (by means of Kesef, Shtar, or Bi'ah; see Kidushin 2a), he is assumed to bear in mind that if (either at present or in the future) the Rabanan do not approve of his Kidushin, it will retroactively become invalid (see Insights to Kesuvos 3:1).

(b)This caveat applies even should a person claim -- or even announce prior to his marriage -- that he does not wish it to apply to his Kidushin, as no individual has the authority to so exempt himself (RITVA). Nonetheless, it is due to this principle of Kol d'Mekadesh a'Da'ata d'Rabanan Mekadesh that every Kidushin is pronounced to be "k'Das Moshe v'Yisrael" (in accordance with Torah law and Rabbinic protocol -- Rashi and other Rishonim).

(c)The Rabanan will retroactively uproot a Kidushin through the principle of "Kol d'Mekadesh" only when a Get (divorce document) has been granted, and yet for some reason is not valid mid'Oraisa. In a situation in which no Get has been given, the Rabanan will not retroactively uproot a Kidushin (RASHBA and other Rishonim). According to some (RASHI Shabbos 155b), the Rabanan may also uproot Kidushin in cases in which evidence is presented that the husband died, but the evidence is not acceptable to Beis Din mid'Oraisa.

(d)There are other times when the Rabanan see fit to annul the Kidushin from its onset (as opposed to retroactively), due to the fact that the Kidushin is performed improperly mid'Rabanan. Such cases lead to the annulment of the Kidushin even though no Get at all is presented. One such case is that of our Gemara, when Chametz which is already Asur b'Hana'ah mid'Rabanan is used to complete the Kidushin (RASHI). There are those who understand that in such cases it is not even necessary to invoke the principle of "Kol d'Mekadesh" in order to revoke the Kidushin. Seeing as the Kidushin has been carried out unjustly, the Rabanan are able to directly override the Torah law. (See Yevamos 90b, and TOSFOS Bava Basra 48b DH Teinach.)

5)[line 13]עיסה מגולגלתISAH MEGULGELES- a kneaded dough. (The Talmid was planning to bake the dough into Matzah, but now is unable to leave his Rebbi for that would be disrespectful.)

6)[line 15]דיקא נמי...DEIKA NAMI...- If the Beraisa was referring to one who wishes to be Mevatel that which is already Chametz, why did it specify that he was in the Beis ha'Midrash? It must be in order to explain why he is unavailable to prevent dough from turning into* Chametz.

7)[line 18]שעיפשהSHE'IPSHAH- that became moldy (and it is therefore impossible to tell if it is Chametz or Matzah)

8)[line 18]כיון שרבתה מצהKEIVAN SHE'RIBSAH MATZAH- lit. since "Matzah" is more. The Gemara at this point takes this to mean that this bread box is used more often to store Matzah than to store Chametz.

9)[line 26]מעשרMA'ASER (MA'ASER SHENI: MA'OS MA'ASER SHENI)

(a)After Terumah Gedolah (see Background to Nedarim 12:3) and Ma'aser Rishon (the first tithe -- see Background to 35:9) have been separated from produce, the second tithe must then be separated. During the first, second, fourth, and fifth years of the seven-year Shemitah cycle, the second tithe is called Ma'aser Sheni. Ma'aser Sheni must be brought to Yerushalayim and eaten there while one is in a state of purity. The various laws of Ma'aser Sheni are learned from the verses which begin, "Aser Te'aser Eis Kol Tevu'as Zar'echa..." (Devarim 13:22-28).

(b)If it is impractical to bring the actual food to Yerushalayim, Ma'aser Sheni produce may be redeemed with money. This money receives the status of Ma'aser Sheni, and is then brought to Yerushalayim. In Yerushalayim the money is used to buy food, which in turn receives the Kedushah of Ma'aser Sheni and must be eaten b'Taharah in Yerushalayim.

(c)If the owner of the Ma'aser Sheni redeems his own Ma'aser, he must add a fifth of the total value onto the money used; if someone else redeems it, he may do so with money equal to the value of the Ma'aser.

(d)Ideally, Ma'aser Sheni money should be used to buy animals which are then offered as Korbanos Shelamim. Often, people who came to Yerushalayim for the festivals had more Ma'os Ma'aser Sheni than they were able to consume. They would then sell this leftover Ma'aser Sheni money to the residents of Yerushalayim at a discounted price. Therefore, money found in Yerushalayim next to the stalls of animal merchants must be considered to have Kedushas Ma'aser Sheni. (Although it is also possible that they fell from the merchant -- in which case they have already been divested of their Kedushah -- we must assume the more stringent possibility.)

(e)During Pesach, Shavuos, and Sukos, money found anywhere in the entire city of Yerushalayim must be assumed to have Kedushas Ma'aser Sheni since most of the money in the city at that time is Ma'aser Sheni money. The rest of the year, money found in Yerushalayim not in close proximity to the stalls of animal merchants need not be assumed to be Ma'aser Sheni money, since at those times such money is in the minority.

(f)On Har ha'Bayis, even if money is found during a festival it is assumed to be left over from before that festival and one need not treat it with the regulations befitting Ma'aser Sheni. The difference between Yerushalayim and Har ha'Bayis is that Yerushalayim is swept every day and therefore any money found there must have been dropped that day, whereas there was no need to sweep Har ha'Bayis every day.

10)[line 28]להתכבדL'HISKABED- to be swept

11)[line 29]קמאי קמאי אזליKAMA'I KAMA'I AZLI LEI- the first coins have gone

12)[line 30]הכא נמי...HACHA NAMI...- one is assumed to remove the oldest bread out of a breadbasket first, in order that it not spoil. Additionally, in the situation under discussion in our Gemara, it is reasonable to assume that a Bedikah was performed on the night of the fourteenth of Nisan as per the Mitzvah d'Rabanan, in which case what is in the basket now must be Matzah.

13)[line 32]דעיפושה מוכיח עילויהIPUSHAH MOCHI'ACH ILAVEI- lit. its mold proves on it; i.e. there is so much mold that it must have been sitting in the breadbasket for a long time.

14)[line 36]נהמא חמימאNAHAMA CHAMIMA- hot bread

15)[line 41]ציבורין ציבוריןTZIBURIN TZIBURIN- piles [of Chulin money on one side of the box at the same time that he had] piles [of Ma'aser money on the other side of the box]

16)[line 42]בגומאGUMA- [stuck in] a hole, crevice

17)[last line]להבא משמעL'HABA MASHMA- implies future tense (and is therefore a valid wording of the Berachah, as all Berachos must be said before the actual performance of the Mitzvah)

7b----------------------------------------7b

18)[line 4]לא סגיא דלאו איהו מהיל?LO SAGYA D'LAV IHU MAHIL?- must he (the Mohel) perform the circumcision? (The one who is commanded to do so is the father of the baby; the Mohel is a Shali'ach of the father.)

19)[line 5]אין הכי נמיEIN HACHI NAMI- Rav Papi would agree that the father himself, if he is performing the Milah, should use the wording of "la'Mul"

20)[line 8]לא סגיא דלאו איהו שחטLO SAGYA D'LAV IHU SHACHAT- must one slaughter an animal? (One is not commanded to do so; rather, if one wishes to eat meat, then* he must slaughter it first.)

21)[line 14]נפק ביהNAFAK BEI- he [already] had performed the Mitzvah ("was Yotzei")

22)[line 21]והלכתא על ביעור חמץV'HILCHESA AL BI'UR CHAMETZ- The Gemara concludes that "Al" implies both future and past tense. Therefore, even a father who is circumcising his own son says, "... Al ha'Milah," and one who is slaughtering a Korban says, "... Al ha'Shechitah."

23)[line 26]"וירץ אחימעץ דרך הככר ויעבר את הכושי""... VA'YARATZ ACHIMA'ATZ DERECH HA'KIKAR VA'YA'AVOR ES HA'KUSHI" - "And Achima'atz ran by way of the plain and he overtook the Kushi." (Shmuel II 18:23) (ACHIMA'ATZ AND THE KUSHI)

(a)When, against the express orders of David ha'Melech, Yo'av killed David's rebellious son Avshalom, Achima'atz, son of Tzadok the Kohen Gadol, assuming that the king would be pleased to hear such good news, asked permission to run and inform the king that HaSh-m had "granted him justice from his enemies." Yo'av however, knowing that such news would only cause David grief, turned down Achima'atz's offer. Instead, he asked a Kushi to run and inform David.

(b)When Achima'atz asked a second time to be allowed to run after the Kushi, Yo'av again turned him down, but when he asked a third time, he granted his request. Achima'atz ran and overtook the Kushi, and was the first to approach David's camp.

(c)When David was informed that a runner was arriving in the camp, and that the runner appeared to be Achima'atz, his initial reaction was that Achima'atz was a good man, and that he therefore must be the harbinger of good news.

(d)Arriving first, Achima'atz informed the king of the victory and the quelling of the rebellion, but when the king asked him about Avshalom, he pretended not to know; he told the king that the Kushi had been given all of the details. Indeed, when the Kushi arrived and told David what had happened, the king was grief-stricken, despite the victory.

24)[line 31]דאכתי גברא לא חזיD'AKATI GAVRA LO CHAZI- He is unable to make a Berachah before he goes to the Mikvah. This is because of the decree enacted by Ezra ha'Sofer, which mandates that a Ba'al Keri (see Background to Yoma 88:3) go to the Mikvah before reciting any words of Torah. All other Tevilos require a Berachah only after the fact due to their being grouped with the Tevilah of a Ba'al Keri.

25)[line 45]"נר...""NER..."- "The soul of man is the candle of HaSh-m, searching all the compartments of one's innards." (Mishlei 20:27)

26)[line 49]קולא הואKULA HU- it is a leniency [applied to Yerushalayim, but which should not necessarily apply to Bedikas Chametz]

27a)[line 50]בנהורא דאבוקהNEHORA D'AVUKAH- the light of a torch

b)[line 50]בנהורא דשרגאNEHORA D'SHERAGA- the light of a candle

28)[line 51]תא שמע נר ה' נשמת אדםTA SHEMA NER HASH-M NISHMAS ADAM- From the end of the verse, which describes a proper search, we see that searching with a candle accomplishes the job admirably.

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