BACKGROUND TO THE DAILY DAF
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[19a - 52 lines; 19b - 55 lines]
1) [line 1] EIN ASEH DOCHEH LO SA'ASEH V'ASEH (ASEH DOCHEH LO SA'ASEH)
(a) When an Isur Lo Sa'aseh prohibits a certain action that prevents a person from performing a Mitzvas Aseh, the Torah states that the Aseh is able to "push aside" the Lo Sa'aseh. For example, when a person wants to wear a four-cornered linen garment, the Isur of Sha'atnez prohibits attaching woolen threads to it. However, the Mitzvah of Tzitzis requires adding threads of Techeles (that are made of wool) to this garment. The Torah commands that in this case the Mitzvas Aseh overrides the Lo Sa'aseh.
(b) The Tana'im argue as to the source of this Halachah. Some learn it from the fact that the Torah specifically wrote the Mitzvah of Tzitzis and the Isur of Sha'atnez as adjacent verses (Semuchin), an indication that the Mitzvah of Tzitzis overrides the Isur of Sha'atnez (Yevamos 4a). Others learn it from different sources (Yevamos 5a, Nazir 41a, 58a).
(c) Even though an Aseh normally overrides a Lo Sa'aseh, this is not the rule in every case. The Gemara explains that in certain instances, the Aseh does not have the power to override the Lo Sa'aseh. Some examples are:
1. A Lo Sa'aseh that is punishable by Kares is not pushed aside by an Aseh (Yevamos 3b).
2. An action that is prohibited by both a Lo Sa'aseh and an Aseh, is not pushed aside by a different Mitzvas Aseh (Chulin 141a). This is the case of our Gemara, where the Aseh of Yibum does not override the Lo Sa'aseh of a Kohen Gadol marrying an Almanah and the Isur Aseh of a Kohen Gadol not marrying a Be'ulah.
3. Only in a case where the performance of the Aseh coincides with the transgression of the Lo Sa'aseh did the Torah command that the Aseh takes precedence. If performance of the Aseh is only accomplished after the transgression of the Lo Sa'aseh, the Lo Sa'aseh is not pushed aside (Shabbos 133a). (There are those who write that if a person begins to perform a Mitzvas Aseh while transgressing a Lo Sa'aseh, even though the Aseh is not yet completed by the time the Lo Sa'aseh is transgressed, it pushes aside the Lo Sa'aseh -- NIMUKEI YOSEF to Bava Metzia 33a).
4. If it is possible to perform the Aseh, in the case under discussion, without transgressing the Lo Sa'aseh (by performing the Aseh in a different way or at a different time), the Aseh does not push aside the Lo Sa'aseh (Yevamos 20b -- see TOSFOS YESHANIM to Shabbos 25a). (The Rishonim argue as to whether an Aseh pushes aside a Lo Sa'aseh when it is possible to perform the Aseh without transgressing the Lo Sa'aseh, through the use of a certain item that the person does not currently have the means to obtain (RASHBA to Yevamos 4b).
(d) The Rishonim explored the possibility that an Aseh also does not push aside a Lo Sa'aseh in other cases:
1. When one person performs a Mitzvas Aseh by doing a certain action in which two people transgress the Lo Sa'aseh.
2. When the action is prohibited by two Mitzvos Lo Sa'aseh, and not only one (TOSFOS to Yevamos 3b DH Lo Sa'aseh).
3. When the action is prohibited in another instance by a Lo Sa'aseh and an Aseh, even though in the case at hand there is only a Lo Sa'aseh that prevents it (TOSFOS to Kidushin 34a DH Ma'akeh).
2) [line 13] AGAV MERAREI - because of his sorrow
3) [line 13] DILMA MIKRI - it may possibly happen
4a) [line 15] SEGAN - the deputy to the Kohen Gadol, also known as the Memuneh
b) [line 15] MASHU'ACH SHE'AVAR - the anointed [Kohen Gadol] who is removed
(a) When an incumbent Kohen Gadol becomes unfit to perform the Avodah in the Beis ha'Mikdash, another Kohen Gadol is appointed as a temporary replacement. After the reinstatement of the incumbent Kohen Gadol, his replacement becomes a "Mashu'ach she'Avar" and he is forced to step down.
(b) He no longer does the Avodah as a Kohen Gadol to prevent Eivah (enmity) of the present Kohen Gadol (until the present Kohen Gadol dies, when the Mashu'ach she'Avar may take his place). He also does not perform the Avodah as a Kohen Hedyot because Ma'alin b'Kodesh v'Lo Moridin (when a person or object receives a higher status of holiness, we do not lower its status at a later time; we may only raise it to a higher level). (If the original period of replacement lasted for some years, the returning Kohen Gadol does not have the power to remove his replacement entirely; rather, both of them continue to serve as Kohanim Gedolim -- TOSFOS to Nazir 47a DH v'Chen.)
c) [line 16] ROSH BEIS AV - the leader of the family of Kohanim who are on duty in the Beis ha'Mikdash on that day (MISHMAROS: BATEI AVOS)
(a) The Kohanim were divided into 24 shifts according to their families (Mishmaros), each of which served in the Mikdash for two weeks out of a year. The Mishmaros changed on Shabbos, when the outgoing Mishmar did the Avodah in the morning and the incoming Mishmar did the Avodah in the afternoon.
(b) Every Mishmar was further divided into six Batei Avos, with the Kohanim of each Beis Av serving on a different day of the week. A leader of each Beis Av was chosen, and he was known as the Rosh Beis Av. On Shabbos, all the Batei Avos of the Mishmar did the Avodah together (RASHI Menachos 107b). Some contend that the Mishmaros were divided into seven, and not six, groups, and only one group served on Shabbos (RASHI to Ta'anis 26a -- for more on this, see Insights to Shekalim 18:1).
(c) On the Shalosh Regalim (the holidays of Pesach, Shavu'os and Sukos) all of the Mishmaros Kehunah came to Yerushalayim to fulfill the Mitzvah of Aliyah l'Regel. At those times, Kohanim from any Mishmar were permitted to do the Avodah of the Regel.
5) [line 17] SHURAH - the line of people who comfort the mourners
After a funeral, the people who are present comfort the mourners before they return to the city. At first, the mourners stood still while those present passed by them to offer their condolences. Because of an unfortunate event described by our Gemara, the custom was changed so that the people who comforted the mourners stood in a line and the mourners passed by them. Our Gemara concludes that nowadays, either system is appropriate.
6) [line 20] CHALSHA DA'ATEI - he would become upset or depressed
7) [line 20] KA CHADI BI - he is happy because of [what happened to] me
8) [line 26] MISGAROS - arguing, fighting
9) [line 29] (CHAZAR V'HALACH V'SIPER SIMAN) - this is a mnemonic device for remembering the following statements of Rami bar Aba, who attested to three enactments of Rebbi Yosi:
1. Chazar refers to "Hechzir Rebbi Yosi Es ha'Davar l'Yoshno..." (line 30)
2. v'Halach refers to "she'Lo Sehei Ishah Mehaleches ba'Shuk u'Venah Achareha..." (line 33)
3. v'Siper refers to "she'Yiheyu Nashim Mesapros b'Veis ha'Kisei..." (line 36)
10) [line 31] TZIPORI - a city in the lower Galilee, approximately midway between Tiberias and Haifa
11a) [line 38] BEIS ALMIN - (a) a cemetery; (b) a house located next to a cemetery, where the Taharah process was carried out on corpses, and the subject of condolences was often discussed (MAHARSHAL)
b) [line 39] HUTZAL - the city of Hutzal, a city in Bavel, located between Sura and Neharde'a, that was walled from the time of Yehoshua bin Nun, where members of the tribe of Binyamin may have settled after they were taken into exile
12) [line 43] NECHASHA KA RAMI LEHU?! - Is he cursing them with an evil omen (that they should have a cause for which to be comforted in the near future)?!
13) [line 48] AVDEI D'YANAI MALKA KATAL NAFSHA - the slave of King Yanai (of the Hasmonean kings -- see Background to Sotah 47:17) killed a person
14) [line 49] SHIMON BEN SHETACH
(a) Shimon ben Shetach, the leading sage of the period of King Yanai (who died approx. 3684 -- 77 BCE), was one of the Zugos; his Ben Zug was Yehudah ben Tabai (Avos 1:8). The Zugos were the pairs of Tana'im mentioned at the beginning of Pirkei Avos who were responsible for conveying the teachings of the Torah from one generation to the next during the Second Temple period. His sister, Shelomtziyon, was the wife of King Yanai.
(b) He fought ardently against the Tzedukim (Sadducees) and as a result the king, who was their supporter, openly pursued him. After Yanai succeeded in killing almost all of the Perushim (the true Torah Sages), the entire Sanhedrin was composed of Tzedukim, except for Shimon ben Shetach. Using his wisdom, he managed to replace them with students of the Perushim (Pharasees). The day that a Torah-true Sanhedrin was reinstated (the 28th of Teves) was set down as a holiday (Megilas Ta'anis 10).
(c) He worked together with Yehoshua ben Gamla to introduce the first comprehensive system of public education in history (Bava Basra 21a, Yerushalmi Kesuvos, end of eighth Perek). At one point he was successful in convicting and killing eighty witches in Ashkelon in one day (Sanhedrin 45b). Queen Shelomtziyon ruled the country with the guidance of Shimon ben Shetach after Yanai's death (see Background to Sotah 47:17).
15) [line 49] TENU EINEICHEM BO U'NEDUNENU - Do not be afraid of him (King Yanai) nor flatter him (lit. set your eyes upon him) and we will judge him
16) [line 49] SHADREI LEHU - he (King Yanai) sent him (the slave) to them [for judgement]
17) [line 50] TA ANT NAMI L'HACHA - you, also, must come here [to the court]
18) [line 50] "V'HU'AD BI'VE'ALAV" - "and its owner had been warned" (Shemos 21:29) - The owner of a bull (or any animal or slave) that becomes accustomed to causing damage must be warned to guard his property (see Background to Sanhedrin 2:4b:b-c). When judging the slave, King Yanai himself is required to appear in court.
19) [line 50] YAVO BA'AL HA'SHOR V'YA'AMOD AL SHORO - the owner of the bull shall come and stand next to his bull
20) [last line] "V'AMDU SHENEI HA'ANASHIM ASHER LAHEM HA'RIV..." - "Then both the men, between whom the controversy is, shall stand [before HaSh-m, before the Kohanim and the judges, who shall be in those days.]" (Devarim 19:17) - The litigants in a court case must stand.
21) [last line] LO KESHE'TOMAR ATAH ELA KE'MAH SHE'YOMRU CHAVERECHA - not as you (Shimon ben Shetach) are saying but as you friends (the other judges) will say
22) [line 1] NIFNEH L'YEMINO - he turned to his right
23) [line 1] KAVSHU PENEIHEM BA'KARKA - they did not have the courage to stand up to King Yanai (lit. they buried their faces in the ground)
24) [line 3] BA'ALEI MACHASHAVOS ATEM - you are people of mixed feelings (without firmness or conviction)
25) [line 4] BA'AL MACHASHAVOS - the Master of feelings [and everything, i.e. HaSh-m]
26) [line 4] YIPARA MIKEM - shall exact vengeance upon you
27) [line 4] GAVRIEL - the Ministering Angel Gavriel, who usually is sent upon missions of punishment and destruction
28) [line 5] CHAVATAN BA'KARKA - he smashed them into the ground
29) [line 9] NASI SHE'MACHAL AL KEVODO, KEVODO MACHUL - the leader of the Jewish people who forgoes his honor is allowed to do so
30) [line 11] "SOM TASIM ALECHA MELECH" - "You shall surely set over yourself a king" (Devarim 17:15) - A Jewish King does not have the right to forgo his honor.
31) [line 11] SHE'TEHEI EIMASO ALECHA - so that the awe of him will be upon you
32) [line 14] MEIRAV U'MICHAL - two daughters of King Shaul, who were meant to become wives to David as the fulfillment of Shaul's promise to whomever killed Golyas (Shmuel I 17:25, see below, entry #34). Shaul promised Meirav to David (ibid. 18:17) but instead married her off to Adriel ha'Mecholasi (ibid. 18:19, see below, entry #37). According to our Gemara, Shaul ruled that David had not properly performed Kidushin with Meirav, since he did not give to her or to her father anything of value. The wealth promised to the killer of Golyas (see below, entry #34) was considered a debt that Shaul owed David, and one cannot perform Kidushin with [the relinquishment of] a debt (see below, entry #36, ha'Mekadesh b'Milvah). Next, Shaul promised that Michal should marry David (ibid. 18:20-21) if he should succeed in bringing him one hundred foreskins of the Pelishtim. Shaul secretly intended that David should be killed in battle, since he had become insanely jealous of David (ibid. 18:6-9). When David fulfilled the request, the verse states that Michal was given to him as a wife (ibid. 18:27). However, our Gemara states that Shaul believed that David's intention was again to be Mekadesh b'Milvah (the riches promised to him), and as a result he later gave her as a wife to Palti ben Layish (ibid. 25:44, see below, entry #42). David intended to be Mekadesh with the Perutah's worth of dog and cat food that the foreskins provided, and as such, the Kidushin was valid. Palti ben Layish, aware of the fact that Michal was probably David's wife, was careful to provide her with sustenance, but otherwise did not treat her as his own wife (see RADAK ibid. for an alternate explanation of the situation).
33) [line 16] SHTEI ACHAYOS B'CHAYEIHEN - two sisters while they were both still alive (ISHAH V'ACHOSAH)
A man may not marry his wife's sister during his wife's lifetime, as the verse states, "A woman as well as her sister do not marry, to make them quarrel" (Vayikra 18:18). The punishment for doing so is Kares.
34) [line 21] "...V'HAYAH HA'ISH ASHER YAKENU YE'ASHRENU HA'MELECH OSHER GADOL..." - "[And the men of Yisrael said, 'Have you seen this man (Golyas) who has come up? Surely to defy Yisrael has he come up;] and it shall be, that the man who kills him, the king will enrich him with great riches, [and will give him his daughter, and make his father's house free [of any obligations to the royal house] in Yisrael.']" (Shmuel I 17:25)
35) [line 21] AZAL KATLEI - he (David) went and killed him (Golyas)
36) [line 22] HA'MEKADESH B'MILVAH EINAH MEKUDESHES
When a man betroths a woman by letting her keep a loan that he has lent to her, the Kidushin does not take effect, even if she had not yet spent the loan money (Kidushin 6b, 47a). The bills or coins that she received are considered to belong to her from the moment that she receives them since "Milvah l'Hotza'ah Nitnah" - "loan money is given to be spent," and she may repay the lender other bills or coins (RASHI to Kidushin 6b). As such, when a man tries to betroth her with the loan money, he has in effect not given her money for the Kidushin.
37) [line 23] "VA'YEHI B'ES TES ES MEIRAV BAS SHAUL L'DAVID..." - "But it came to pass, at the time when Meirav, Shaul's daughter, should have been given to David, [that she was given to Adriel the Mecholasi for a wife.]" (Shmuel I 18:19)
38) [line 26] MILVAH U'PERUTAH, DA'ATEI A'PERUTAH - [when one is Mekadesh a woman by relinquishing to her] a loan and [also giving her] a Perutah, his mind is on the Perutah (therefore, the Kidushin takes effect)
39a) [line 27] LO CHAZU V'LO MIDI - they are not fit for any use
b) [line 27] CHAZU L'CHALBEI V'SHUNREI - they are fit for dogs and cats [to eat]
40) [line 29] HAYAH DORESH MIKRA'OS ME'URAVIN - he interpreted verses that appear to be combined [from different parts]
41) [line 29] "VA'YIKACH HA'MELECH ES SHENEI BENEI RITZPAH VAS AYAH ASHER YALDAH L'SHAUL, ES ARMONI V'ES MIFIVOSHES V'ES CHAMESHES BENEI MICHAL [BAS SHAUL] ASHER YALDAH L'ADRIEL [BEN BARZILAI] HA'MECHOLASI." - "But the king took the two sons of Riztpah the daughter of Ayah, whom she bore to Shaul, Armoni and Mefivoshes; and the five sons of Michal, [the daughter of Shaul,] whom she bore to Adriel, [the son of Barzilai,] the Mecholasi." (Shmuel II 21:8) - Since this verse combines facts about Michal and Meirav, Rebbi Yosi compares their marriages, and learns that they were both illegal.
42) [line 32] "V'SHA'UL NASAN ES MICHALBITO ESHES DAVID L'FALTI VEN LAYISH..." - "And Shaul had given Michal his daughter, David's wife, to Palti the son of Layish..." (Shmuel I 25:44)
43) [line 35] HA'KESIV "ES CHAMESHES BENEI MICHAL BAS SHAUL" - that is, how does Rebbi Yehoshua ben Korchah explain this verse?
44) [line 38] (CHANINA KRA YOCHANAN V'ISHTO ELAZAR U'GE'ULAH U'SHMUEL B'LIMUDEI SIMAN) - this is a mnemonic device for remembering the Sages and their teachings that are brought to prove that those people who raise an orphan in their houses or teach them Torah, are considered to have born them:
1. Chanina Kra refers to Rebbi Chanina, who cites the verse, "va'Tikrena Lo ha'Shechenos..." (Ruth 4:17) (line 39)
2. Yochanan v'Ishto refers to Rebbi Yochanan, who cites the verse, "v'Ishto (ha'Yehudis) [ha'Yehudiyah]..." (Divrei ha'Yamim I 4:18) (line 41)
3. Elazar u'Ge'ulah refers to Rebbi Elazar, who cites the verse, "Ga'alta bi'Zero'a Amecha Benei Yakov v'Yosef Selah." (Tehilim 77:16) (line 44)
4. Shmuel b'Limudei refers to Rebbi Shmuel bar Nachmani Amar Rebbi Yonasan, who states, "Kol ha'Melamed Ben Chaveiro Torah..." (line 46)
45) [line 39] "VA'TIKRENAH LO HA'SHECHENOS SHEM LEIMOR, 'YULAD BEN L'NA'OMI'..." - "And the women of the neighborhood gave him a name, saying, 'A son has been born to Na'omi;' [and they called his name Oved; he is the father of Yishai, the father of David." (Ruth 4:17)
46) [line 41] "V'ISHTO (HA'YEHUDIS) [HA'YEHUDIYAH] YALDAH ES YERED, AVI GEDOR... V'ELEH BENEI BISYAH VAS PAR'OH, ASHER LAKACH MARED." - "And his wife, who spurned idol worship and converted to Judaism, bore him Yered, the father of Gedor... and these are the sons of Bisyah, the daughter of Pharaoh, whom Mered took [as a wife]." (Divrei ha'Yamim I 4:18) - This verse refers to Bisyah, the daughter of Pharaoh, who converted and married Kalev ben Yefuneh, identified as Mered. All of the names of the descendents mentioned in this verse refer to Moshe Rabeinu, whom she raised (see Megilah 13a).
46) [line 42] BISYAH - see previous entry
47) [line 48] "LACHEN KOH AMAR HASH-M EL BEIS YAKOV, ASHER PADAH ES AVRAHAM, 'LO ATAH YEVOSH YAKOV, V'LO ATAH PANAV YECHEVARU.'" - "Therefore thus said HaSh-m, concerning the house of Yakov, who redeemed Avraham, 'Yakov shall not now be ashamed, nor shall his face now become pale.'" (Yeshayah 29:22) - The Gemara interprets the verse out of its simple context to mean that Yakov (as opposed to HaSh-m) redeemed Avraham.
48) [line 52] "VA'YELECH ITAH ISHAH..." - "And her husband went along with her, [weeping after her all the way to Bachurim...]" (Shmuel II 3:16)
49) [last line] "VA'YECHERAD HA'ISH VA'YILAFES" - "and the man was scared and he turned over" (Ruth 3:8)
50) [last line] ROSHEI LEFASOS - turnip heads
Index to Background for Maseches Sanhedrin