1)

PUNISHMENTS FOR EVIL JUDGES

(a)

(Beraisa - R. Yosi bar Elisha): If you see many afflictions coming on the generation, check the judges - every punishment that comes to the world is on account of judges of Yisrael - "Shim'u Na...u'Ktzinei Beis Yisrael ha'Masa'avim Mishpat v'Es Kol ha'Ysharah Ye'akshu; ...Rosheha b'Shochad Yishpotu v'Chohaneha bi'Mchir Yoru u'Nvi'eha b'Chesef Yiksomu v'Al Hash-m Yisha'enu";

1.

They were Resha'im, but they relied on Hash-m - therefore, they will get three punishments corresponding to their three sins (Maharsha - they will not be judged with fire, which destroys everything) - "Lachen Biglalchem Tziyon Sadeh Secharesh vi'Yrushalayim Iyin Tihyeh v'Har ha'Bayis l'Vamos Ya'ar".

(b)

Hash-m will not rest His Shechinah on Yisrael until evil judges and enforcers cease - "V'Ashivah Yadi Alayich v'Etzrof ka'Bor Sigayich...v'Ashivah Shoftayich keva'Rishonah...[Acharei Chen Yikarei Lach Ir ha'Tzedek]".

(c)

(Ula): Yerushalayim (Rambam's text - Yisrael) will be redeemed only through Tzedakah - "Tziyon b'Mishpat Tipadeh v'Shaveha bi'Tzdakah".

(d)

(Rav Papa): If haughty people cease, the Amugushi (enticers, avid idolaters that constantly blaspheme; alternatively, Parsi witches that afflict Yisrael) will cease - "V'Etzrof ka'Bor Sigayich [v'Asirah Kol Bedilayich]";

1.

If judges [of Yisrael that pervert the law] cease, oppressors of Yisrael will cease - "Hesir Hash-m Mishpatayich Pinah Oyvayech".

(e)

(R. Mal'ai): "Shovar Hash-m Mate Resha'im" - these are judges that became a staff [of support] for their clerks [to demand more for their duties than they are entitled to];

1.

"Shevet Moshlim" are Chachamim that defend crooked judgments of judges in their families.

2.

(Mar Zutra): They are Chachamim that train unlearned people to be judges.

(f)

(R. Eliezer ben Mal'ai): "Ki Chapeichem Nego'alu va'Dam" - this refers to judges [who take bribes]; "V'Etzbe'oseichem be'Avon" are scribes [that write fraudulent documents]; "Sifsoseichem Dibru Sheker" are lawyers [that teach people which claims will win]; "Leshonchem Avlah Sehgeh" are the parties in the case.

(g)

(R. Mal'ai): Yosef did not taste wine from the day he was sold [until his brothers came to Mitzrayim] - "Ul'Kadkod Nezir Echav";

(h)

(R. Yosi b'Rebbi Chanina): Also his brothers did not drink [until then] - "Va'Yishtu va'Yishkeru Imo", implying that they did not drink in his absence.

1.

R. Mil'ai says, they did not get drunk in his absence, but they drank.

(i)

(R. Mal'ai): Aharon's reward for "V'Ra'acha v'Somach b'Libo" (he truly delighted in Moshe's greatness) was to [be Kohen Gadol and] wear the Choshen Mishpat on his heart.

2)

ANSWERS SENT TO THE BENEI BASHKAR

(a)

People of Bashkar sent to Levi to ask about Kilah [on Shabbos], hops in a vineyard, and a Mes on Yom Tov; Levi died before receiving the questions. Shmuel told Rav Menasiyah 'If you are a Chacham, answer them'.

(b)

Answer #1 (Rav Menasiyah): We investigated Kilah, and did not find any way to permit it.

(c)

Question: He should have answered like Rami bar Yechezkeil taught (if it is on a string, one may extend it)!

(d)

Answer: Benei Bashkar are not Benei Torah (they are prone to extrapolate and permit more).

(e)

Answer #2 (Rav Menasiyah): Hops in a vineyard are Kil'ayim.

(f)

Question: He should have answered like R. Tarfon!

1.

(Beraisa - R. Tarfon): Hops in a vineyard are not Kil'ayim;

2.

Chachamim say, they are Kil'ayim.

3.

[Whenever there is an argument about an agricultural law in Eretz Yisrael,] in Chutz la'Aretz the Halachah follows the lenient opinion!

(g)

Answer: Benei Bashkar are not Benei Torah.

(h)

Rav announced that one who wants to plant hops in a vineyard may do so;

(i)

Rav Amram Chasida lashed people who did so. (Tosfos - even though the Halachah follows R. Tarfon in Chutz la'Aretz, he needed to be stringent in his area, for they were not Benei Torah.)

(j)

Rav Mesharshiya gave a Perutah to a Nochri child to plant them for him. (He holds that it is permitted, but it is better to distance oneself from doing so, lest others learn to be lenient.)

(k)

Question: Why didn't he give a Perutah to a Yisrael child to do so?

(l)

Answer: He was concerned lest the Yisrael continue to do so when he matures.

(m)

Question: Why didn't he give a Perutah to a Nochri adult?

(n)

Answer: He could be confused with a Yisrael [adult].

(o)

Answer #3 (Rav Menasiyah): Neither Yisraelim nor Nochrim should be involved with [burial of] a Mes on Yom Tov, even on Yom Tov Sheni (the second day observed in Chutz la'Aretz).

(p)

Question: But Rav Yehudah bar Shilas taught about a case in the synagogue of Ma'on of a Mes on Yom Tov that was before or after Shabbos (he did not remember which), and R. Yochanan permitted to bury it through Nochrim!

139b----------------------------------------139b

1.

(Rava): If a Mes could not be buried yesterday [or may not be buried tomorrow, e.g. on account of Shabbos], it may be buried through Nochrim on Yom Tov Rishon, and through Yisraelim on Yom Tov Sheni;

2.

This applies even on the second day of Rosh Hashanah - but not regarding an egg [laid on the first day, it is forbidden on the second day, for both days of Rosh Hashanah are considered like one Kedushah in all other respects].

(q)

Answer: Benei Bashkar are not Benei Torah. (R. Tam - today, we are not Benei Torah.)

3)

SCHEMING TO AVOID RABBINIC PROHIBITIONS

(a)

(R. Avin bar Rav Huna): One may cloak himself in a Kilah and walk in Reshus ha'Rabim, without concern for the straps (which are for hanging it, they are not considered a load).

(b)

Question: Why is this different than Rav Huna's law?

1.

(Rav Huna): If one walks in Reshus ha'Rabim on Shabbos with Tzitzis that do not fulfill the Mitzvah, he is Chayav Chatas (they are like a load)!

(c)

Answer: [Even invalid] Tzitzis are important, they are not Batul to the garment - straps are Batul to the Kilah.

(d)

(Rabah bar Rav Huna): (Chachamim forbid hanging a Meshameres only because this is a weekday act.) One may scheme and hang it in order to put pomegranates in it, and [later] strain wine through it.

(e)

(Rav Ashi): He may strain only after using it for pomegranates.

(f)

Question: Why is this different than the following?

1.

(Beraisa): One may brew beer of dates or barley on Chol ha'Mo'ed for the sake of the festival, but not for after the festival.

2.

Even if one has old beer, he may brew and drink new beer [he brews before there is any indication that it is for the festival]!

(g)

Answer: There, nothing suggests that he brews b'Isur - here, a Meshameres is normally used for straining.

(h)

Rabanan (to Rav Ashi): Rav Huna bar Rav Chivan is a Chacham that schemes! He put a [clove of] garlic in a barrel of wine to seal the opening (Rashi - to stop the wine from coming out) - he said that he did so to store away the garlic (Rashi - this looks like he fixes the barrel; Rambam - it is like building onto a Kli);

1.

Also, he went to sleep in a [Nochri's] ferry (knowing that the Nochri will cross the river) in order to guard his fruit on the other side - he said, I intended to sleep!

(i)

Rav Ashi: He schemes about mid'Rabanan laws - he is a Chacham, he will not come to overtly transgress.

4)

STRAINING WINE ON SHABBOS

(a)

(Mishnah): On Shabbos, one may put water over dregs in order to make them clear, to allow the wine [inside them] to flow out;

(b)

One may strain wine through a garment or a wicker basket, and put an egg in a mustard strainer.

(c)

One may make Anomalin (a drink composed of wine, honey and peppers) on Shabbos;

(d)

R. Yehudah says, one may make Anomalin in a cup on Shabbos, in a flask [it is larger] on Yom Tov, and in a barrel on Chol ha'Mo'ed;

(e)

R. Tzadok says, he may make according to the number of guests he has.

(f)

(Gemara - Ze'iri): One may put clear wine or clear water in a Meshameres on Shabbos without concern, but not if they are cloudy.

(g)

Question (Beraisa - R. Shimon ben Gamliel): One may mix up a barrel of wine with its dregs and pour it into a Meshameres on Shabbos.

(h)

Answer (Ze'iri): This applies when wine is being made in the winepress (people drink it with the dregs, so it is permitted to strain it).

(i)

(Mishnah): One may strain wine through a garment.

(j)

(R. Simi bar Chiya): He may not make a depression in the garment (this is a weekday action; alternatively, he will come to squeeze).

(k)

(Mishnah): Or a wicker basket.

(l)

(R. Chiya bar Ashi): The basket may not be a Tefach above the Kli [underneath that catches the wine, for then it makes an Ohel].

(m)

(Rav): It is permitted to stretch a garment across half the opening of a barrel to cover it (this is not an Ohel), but not over the entire opening.

(n)

(Rav Papa): One may not stick straw and twigs into the mouth of a flask of wine, for this looks like a Meshameres.

(o)

In Rav Papa's house they would gently pour beer from Kli to Kli, in order that the Pesoles remain at the bottom.

(p)

Question (Rav Acha mi'Difti): The last drops are separated from the Pesoles - this is like Borer!

(q)

Answer (Ravina): Drops are not important in Rav Papa's house (he made and sold beer, he would discard the Pesoles with the remaining drops).

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