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.

[9a - 30 lines; 9b - 49 lines]

1)[line 1]גיררה חולדהGEIRERAH CHULDAH- a rat or weasel dragged it (the Chametz one has already found)

2)[line 6]מדורותMEDUROS- dwelling

3)[line 6]מדורות עודי כוכביםMEDUROS OVDEI KOCHAVIM (TUM'AH: TUM'AS MES: OHEL)

(a)When a dead body or the bones of a Mes are in a covered area which is at least one Tefach in length, width and height (such as in a room of a house), the Ohel (lit. tent) causes all (Jewish) people, vessels, and food which has been Huchshar l'Kabel Tum'ah (see Background to Eruvin 83:1) below it to become Tamei, while at the same time preventing anything above it from becoming Tamei. That is, an Ohel is *Mevi* Es ha'Tum'ah (spreads the Tum'ah underneath it) and is Chotzetz bi'Fnei ha'Tum'ah (intervenes between the Tum'ah and the space above the Ohel).

(b)In order for bones of a dead body to be Metamei b'Ohel, they must meet at least one of the following three conditions: 1. They constitute a quarter of a Kav (Rova ha'Kav); 2. They are the majority of the human body (this condition is fulfilled whether they are the majority of the build (Rov Binyano) of a body or whether they are the majority of the number (Rov Minyano) of the 248 bones of a body); 3. The bone is either a complete skull or a complete spinal column. This is in contrast to the minimum requirement for a bone to be Metamei through Maga (touching) or Masa (carrying); for these Tum'os it is enough for the bone to be the size of a Se'orah (a grain of barley).

(c)In an Ohel ha'Mes, people, vessels, or food in the Ohel become Tamei even if the Mes only passes through without stopping. One who enters an Ohel ha'Mes becomes Tamei even if only part of his body enters the Ohel, and even if he enters backwards. A Mechitzah (partition) in an Ohel ha'Mes prevents the spread of Tum'ah only if the Mechitzah reaches the ceiling. (RASH to Kelim 1:4)

(d)Not every object which stands over Tum'ah is Mevi and Chotzetz. There are objects which are Mevi and not Chotzetz, others which are Chotzetz and not Mevi, and yet others which are neither Mevi nor Chotzetz (Ohalos 8:5). An object flying through the air such as a bird or a Talis carried or caught by the wind -- even if it is one Tefach wide -- is not an Ohel and is neither Mevi nor Chotzetz.

(e)Our Gemara quotes the Mishnah in Ohalos which states that once a Nochri has lived in a house for forty days, any person or Kli which enters that house becomes Temei Mes. This is because Nochrim are suspected of burying miscarried fetuses in their houses, and the minimum age for a fetus to be considered a person is forty days. Although according to Torah law the body of a dead Nochri is not Metamei, mid'Rabanan it is in an Ohel (and according to the Rabanan, it is Metamei through Maga and Masa as well).

4)[line 10]לא משייראLO MESHAIRA- it does not leave anything over

5)[line 16]חברCHAVER

A Talmid Chacham who is meticulous in his observance of Halachah is called a Chaver. Specifically, this title refers to a person who has accepted upon himself the following four principles: 1. never to give Terumah or Ma'asros to an Am ha'Aretz; 2. never to prepare Taharos in the vicinity of an Am ha'Aretz; 3. to always eat Chulin b'Taharah; 4. to take Ma'aser from all produce that he eats, sells or buys (Tosefta Demai 2:2-3). The Gemara in Bechoros 30b details how one goes about acquiring this distinguished status.

6)[line 17]מגורהMEGURAH- storeroom or bin

7)[line 17]בני יומןBNEI YOMAN- [harvested] that day

8)[line 18]מתוקניןMESUKANIM- lit. fixed; that is, that Terumos and Ma'asros have been properly separated

9)[line 25]דלא טביליD'LO TEVILI- they did not become Tevel (i.e. they never reached a point wherein it was required to separate Terumah and Ma'asros from them)

10)[line 26]מעריםMA'ARIM- may act slyly

11)[line 26]ומכניסה במוץ שלהU'MACHNISAH BA'MOTZ SHELAH (MA'ASER: ACHILAS ARA'I LIFNEI MIRU'ACH)

(a)By Torah Law, a person is required to tithe his grain only if he harvests it in a normal manner. This includes removing the chaff in the field, piling the grain there, and afterwards bringing it through the front door of his house (Berachos 35b). It is then Hukba l'Ma'aser (designated for tithing).

(b)If one of these steps is missing, the produce still may not be eaten without separating Terumos and Ma'asros mid'Rabanan. The Rabanan did not prohibit eating such produce, however, in a temporary fashion (Achilas Ara'i). Achilas Ara'i includes situations such as eating the produce while it is still in the field and feeding it to one's livestock.

12)[line 27]במוץMOTZ- chaff

13)[last line]מציקMETZIK- (a) an oppressor, a tough person (RASHI); (b) according to the Girsa MOSEK, an olive picker (TOSFOS Avodah Zarah 42a DH Shel Metzik Echad, based on the Tosefta Ohalos 16:6)

14)[last line]ברימוןRIMON- the name of a place

15)[last line]נפלNEFEL- a miscarried fetus

9b----------------------------------------9b

16)[line 1]והציץHETZITZ- peered

17)[line 3]וברדלסBARDELAS- (a) (O.F. puteis) ferret (a small flesh-eating animal similar to a weasel); (b) polecat (a small dark brown flesh-eating animal similar to a weasel); (c) a striped hyena (a wild animal of the genus felis leopard; RASHI Avodah Zarah 42a); (d) marten (Tosfos Sanhedrin 15b DH veha'Bardelas)

18)[line 9]אם רוח הפילהIM RU'ACH HIPILAH- if she miscarried a sac* of skin (Shefir) filled with air

19)[line 16]ומי אמרינן אין חוששין שמא גררה חולדהU'MI AMRINAN EIN CHOSHESHIN SHEMA GEIRERAH CHULDAH- that is, are we not afraid that a weasel dragged Chametz to another place in that very house? (TOSFOS)

20) [line 18] שלא יהא צריך בדיקה אחריו SHE'LO YEHEI TZARICH BEDIKAH ACHARAV - At this point, the Gemara understands that the concern of the Mishnah is that if Chametz is left out in the open, one must suspect that a weasel took a piece and hid it elsewhere in the house -- even if he does not know for sure that any pieces are missing.

21)[line 21]ריפתאRIFTA- bread

22)[line 21]לא מצנעאLO MATZNE'A- the Chuldah does not hide it (Chametz)

23)[line 25]ומטמראU'METAMRA- and hides it

24)[line 32]ציבוריןTZIBURIN- piles

25)[line 33]ושקלV'SHAKAL- and took [from one of the piles and then ran into a house.] (The question is whether or not that house requires another Bedikah.)

26)[line 35]פירשPIRESH- if [a piece from one of the piles was] separated

27)[line 39]ובנמצא הלך אחר הרובUV'NIMTZA HALECH ACHAR HA'ROV (ROV: KOL D'PARISH V'KAVU'A)

(a)When the nature of an item is in doubt, it is assumed to have come from the Rov (majority), and one may therefore consider that item to have the same Halachic status as the majority of such items found in that place. This is known as Kol d'Parish me'Ruba Parish. For instance, if a piece of meat is found lying in a street (or in the hands of a Nochri in a street), and most of the meat in that town is Kosher, one may assume that the meat is Kosher. This is learned from the verse which states, "Acharei Rabim l'Hatos" (Shemos 23:2), which means that a court should rule according to the majority opinion amongst its members.

(b)If, however, the doubt concerning the item in question arises while that object is Kavu'a (still in its place; i.e. it was not separated from other items of its kind), one may not follow the Rov. Rather, the status of the item remains in doubt. This is known as Kol Kavu'a k'Mechtzah Al Mechtzah Dami. For instance, if a person buys meat and cannot remember whether he bought it at a Kosher or non-Kosher store, he may not assume that the meat is Kosher even if most of the stores in that town sell only Kosher meat. Since the status of the meat is unclear from the time that it was in the place where it originated (the store), one may not assume that it came from the Rov.

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