POINT BY POINT OUTLINE
THE MORDECAI (MARCUS) BEN ELIMELECH SHMUEL KORNFELD
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
1) YIBUM OF A KOHEN GADOL
(a) (Mishnah): He can do Chalitzah, and his widow can do Chalitzah (but he may not do Yibum, for he may not marry a widow).
(b) We do not distinguish whether his Yevamah fell to Yibum from Kidushin or Nisu'in.
(c) Granted, he cannot be Meyabem a Yevamah from Nisu'in. She is forbidden to a Kohen Gadol by a Lav (she is a widow) and an Aseh (she is not a virgin). An Aseh (Yibum) does not override a Lav and an Aseh.
(d) Question: Why can't he be Meyabem a Yevamah from Kidushin? She is forbidden only by a Lav. The Aseh of Yibum should override it!
(e) Answer: Mid'Oraisa, he may be Meyabem. Chachamim decreed against this, lest he have Bi'ah with her a second time (which is forbidden by a Lav. The Mitzvah of Yibum is only the first Bi'ah.)
(f) Support (Beraisa): If a Yavam (whose Yavamah is forbidden by a Lav) did Yibum, he acquired her (she is married to him). He may not have a second act of Bi'ah.
2) IF A KOHEN GADOL'S RELATIVE DIES
(a) (Mishnah - R. Meir): If one of his close relatives died...
(b) (Beraisa): "U'Min ha'Mikdash Lo Yetzei" - he does not go with the procession, but he follows after them. When the procession moves to a new area, he enters the previous area it passed.
(c) (Mishnah): ... Until they reach the gate of Yerushalayim. (R. Yehudah says, he does not leave the Mikdash - "u'Min ha'Mikdash Lo Yetzei.")
(d) Question: How can R. Meir answer this?!
(e) Answer: If he expounds like R. Yehudah, the Kohen Gadol may not go home either!
1. Rather, it means he does not leave his Kedushah (he may not become Tamei).
2. Since he may not go with the procession, this reminds him not to become Tamei.
3. R. Yehudah says, out of sorrow he may come to Metamei himself.
(f) (Mishnah): When he consoles others...
(g) (Beraisa): When he goes to console (mourners standing in a line), the Segan (the Kohen ready to replace him if this will be required) and the Meshuach She'avar (one who once substituted for the Kohen Gadol) are on his right side. The Av Beis Din, mourners and everyone else are on his left;
1. When he stands in the line and others console him, the Segan is on his right side, and the Av Beis Din and everyone else are on his left;
2. Inference: The Meshuach She'avar does not come to console him.
3. Question: What is the reason?
4. Answer: The Kohen Gadol might think 'he is happy about my loss.'
3) THE CONSOLATION LINE
(a) (Rav Papa): We learn three things from this Beraisa:
1. The Segan is the Memuneh (mentioned in the Mishnah);
2. The mourners stand still and everyone else passes;
3. The mourners stand on the left of the consolers (when he goes to console, the mourners are on his left).
(b) (Beraisa): At first, the mourners would stand and everyone would pass;
1. There were two families in Yerushalayim who fought over which would pass first. They enacted that the consolers stand, and the mourners pass.
(c) (Rami bar Aba): In Tzipori, R. Yosi returned the custom like it used to be (the mourners stand, and everyone else passes).
(d) (Rami bar Aba): In Tzipori, R. Yosi enacted that a woman not walk in the market with her son in back of her, due to an incident. (People kidnapped her son. They told her where he was, and molested her when she went there.)
(e) (Rami bar Aba): In Tzipori, R. Yosi enacted that women talk with each other in the privy, so a man will know not to go there (lest he be secluded with them).
(f) Question (Rav Menasiya bar Avas): What is the minimal size of a condolence line?
(g) Answer (R. Yoshiyah): It is at least 10, not including the mourners;
1. This applies whether the mourners stand and everyone passes, or vice-versa.
(h) (Mishnah): When he is consoled, they say...
(i) Question: When he consoles others, what does he say?
(j) Answer (Beraisa): He says 'you should be consoled.'
(k) Question: What is the case?
1. If they console him, this is like a curse that they should (become mourners and) need consolation!
(l) Answer: He consoles others (by saying this).
4) SPECIAL LAWS OF KINGS
(a) (Mishnah): A king does not judge...
(b) (Rav Yosef): This applies only to kings of (the 10 tribes of) Yisrael, but kings of Beis David judge and are judged - "Beis David... Dino la'Boker Mishpat."
1. If they could not be judged, they could not judge!
2. (Reish Lakish): "Hiskosheshu va'Koshu" - first fix yourself, then correct others.
(c) Question: Why don't we judge kings of Yisrael?
(d) Answer: An episode occurred, and Melech Yanai's slave killed someone. Shimon ben Shetach told Chachamim to judge him.
1. They told Yanai that his slave killed someone; Yanai sent him. They told Yanai that he should be there when his slave is judged, just like an ox is judged in front of its owner - "v'Hu'ad bi'V'alav." Yanai came, and sat down.
2. Shimon ben Shetach: You must stand, not for us, but because you are in front of Hash-m - "v'Omedu Shnei ha'Anashim... Lifnei Hash-m."
3. Yanai: I will not listen to you, rather, to the other judges.
4. The other judges looked down (they feared Yanai). Shimon ben Shetach said that Hash-m should punish them. The angel Gavri'el killed them all.
5. It was enacted then that kings of Yisrael do not judge, and we do not judge them. They do not testify, and we do not testify against them.
(e) (Mishnah): He does not do Chalitzah. His widow does not do Chalitzah... (R. Yehudah says, if he wants to do Chalitzah or Yibum, he may. He is praised for this.)
(f) Question: Rav Ashi taught that even according to the opinion that a Nasi can pardon his honor, a king cannot - "Som Tasim Alecha Melech"! (In Chalitzah, the Yevamah spits at the Yavam.)
(g) Answer: He can pardon his honor for the sake of a Mitzvah.
(h) (Mishnah): One may not marry a king's widow. (R. Yehudah says, he may. We learn from David - "va'Etnah Lecha... Neshei Adonecha.")
(i) (Beraisa): Chachamim answered 'No. That refers to Sha'ul's daughters, Merav and Michal (but Sha'ul's widows were forbidden to David).
(j) Question: How could David marry two sisters in each other's lifetime?
(k) Answer #1 (R. Yosi): He married Michal after Merav died.
(l) Answer #2 (R. Yehoshua ben Korchah): He was never truly married to Merav. It was mistaken Kidushin - "Tenah Es Ishti Es Michal..."
(m) Question: How do we learn this from the verse?
(n) Answer (Rav Papa): Only Michal is Ishti (my wife), and not Merav.
(o) Question: What was the mistaken Kidushin?
(p) Answer: "Ha'Ish Asher Yakenu Yasherenu ha'Melech Osher Gadol v'Es Bito Yiten Lo." David killed Galyus;
1. Sha'ul: I owe you money (for killing Galyus). A loan does not make Kidushin.
2. Sha'ul gave Merav to Adri'el - "v'Hi Nitenah l'Adri'el."
3. Sha'ul: If you want to marry Michal, bring me 100 foreskins of Plishtim. (David did so.)
4. Sha'ul: These are worth a Perutah, but I also owe you money!
i. Sha'ul held that Kidushin made with a loan and a Perutah is invalid because she (in this case, her father, i.e. Hilchos) intends to become Mekudeshes through the loan, and this is invalid;
ii. David held that it is valid. She intends to become Mekudeshes through the Perutah.
5. Alternatively, Sha'ul agreed that she intends to become Mekudeshes through the Perutah. He said that the foreskins have no value, so David did not give a Perutah;
i. David held that they are worth a Perutah, for one can feed them to dogs and cats.
(q) Question: What does R. Yosi learn from "Tenah Es Ishti Es Michal..."?
(r) Answer (Beraisa - R. Yosi): We expound different verses as if they were written together: "...Chameshes Bnei Michal Bas Sha'ul Asher Yoledah l'Adri'el."
1. Question: Michal was not given to Adri'el, rather to Palti ben Layish - "v'Sha'ul Nasan Es Michal Bito Eshes David l'Palti ben Layish"!
2. Answer: Rather, the verse equates Merav's Kidushin to Adri'el to that of Michal to Palti ben Layish. Just like the latter was invalid (because she was David's Arusah ), also the former!
5) ONE WHO RAISES ANOTHER'S CHILDREN
(a) Question: What does R. Yehoshua ben Korchah learn from "Bnei Michal... Asher Yoledah l'Adri'el?
1. Question: They were not Michal's sons, rather Merav's sons!
(b) Answer (to both questions): They were Merav's sons. Michal raised them, so they are called her sons;
1. This teaches that one who raises an orphan is credited as if he fathered him.
(c) R. Chanina learns this from "...Yulad Ben l'No'omi... Oved."
1. Question: He was not No'omi's son, rather, Rus' son!
2. Answer: Even though he was Rus' son, because No'omi' raised him, he is called No'omi's son.
(d) (R. Yochanan): We learn from "Yered Avi Gedor... (names of Moshe) Bnei Bisyah Vas Paro Asher Lakach Mared."
1. Mared is Kalev. He is called Mared because he rebelled against the counsel of the other Meraglim.
2. Question: Moshe was not Basyah's son, rather, Yocheved's!
3. Answer: Even though he was Yocheved's son, because Basyah raised him, he is called her son.
(e) (R. Elazar): We learn from "Ga'alta bi'Zro'a Amecha Bnei Yakov v'Yosef."
1. Question: Bnei Yisrael descend from Yakov, (most are) not from Yosef!
2. Answer: Since Yosef provided their food, they are called by his name.
(f) (R. Shmuel bar Nachmani): If one teaches another's child Torah, the Torah considers him to have fathered him - "v'Eleh Toldos Aharon u'Moshe";
1. Aharon fathered them. Moshe taught them, so they are called Moshe's children.
(g) Question: "Beis Yakov Asher Padah Es Avraham" - where do we find that Yakov redeemed Avraham?
(h) Answer (Rav Yehudah): He redeemed him from (i.e. bore himself) the pain of raising (Rashi - many) children.
1. "Lo Atah Yevosh Yakov" - now (after enduring this awesome burden,) Yakov is not ashamed in front of Yitzchak;
2. "Lo Atah Panav Yechevaru" - now he is not ashamed in front of Avraham.
(i) Question: We find that Palti'el is called Palti!
(j) Answer (R. Yochanan): His name is Palti. He is called Palti'el because Palto Kel (Hash-m saved him from sinning).
1. He put a knife between himself and Michal, and said 'whoever will engage in Bi'ah, he will be stabbed with this sword.'
2. Question: It says "va'Yelech Itah Ishah" (we was her husband)!
3. Answer: He was like a husband to her (he raised and cared for her like a husband).
4. Question: "Halach u'Vacho" (if he never really married her, why was he so upset when she was taken)?
5. Answer: He cried because he lost the Mitzvah (of overcoming his temptation for her).
i. "Ad Bachorim" - they were like singles (they did not have Bi'ah).
(k) Version #1 - Rashi - (R. Yochanan): Yosef's great deed (overcoming his temptation for Potifar's wife) was a small matter for Bo'az. Bo'az' great deed (overcoming his temptation for Reuven's) was a small matter for Palti ben Layish.
1. Yosef's great deed was a small matter for Bo'az (Yosef was tempted by a married woman, and Bo'az by a single girl in bed with him) - "va'Yecherad ha'Ish va'Yilafes."
(l) Version #2 - Ramah - (R. Yochanan): Yosef had to muster all his strength to overcome his temptation (he originally wanted to sin), much more than Bo'az. Bo'az had to fight to overcome temptation. Palti ben Layish did not. (end of Version #2)
1. Question: What does it mean "va'Yecherad ha'Ish va'Yilafes"?
2. Answer (Rav): His Ever became hard like a Lefes (turnip).
3. Version #1 - Ramah: This shows that Bo'az had to fight to overcome temptation.
4. Version #2 - Rashi: Bo'az' great deed was a small matter for Palti ben Layish. (Bo'az was tempted for one night, and Palti was tempted for years.)