YOMA 55 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 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.
 
12TH CYCLE DEDICATIONS
 
YOMA 55 (7 Av) - Dedicated in memory of Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens, N.Y., by his wife and daughters on his ninth Yahrzeit. G-d-fearing and knowledgeable, Simcha was well known in the community for his Chesed and Tzedakah. He will long be remembered.

[a - 48 lines; b - 22 lines]

1)[line 1]K'MENAGDANA- similar to one who administers lashes a) in that he places the first blow high upon the back, and each subsequent one a bit below the previous one. (RASHI, RABEINU CHANANEL to 15a); b) in that the last seven sprinklings were accomplished with the Kohen Gadol holding his hand with his palm facing downwards, similar to the position in which one holds a whip. [The first sprinkling, however, was accomplished in the opposite manner, with the Kohen Gadol holding his hand with his palm facing upwards.] (TOSFOS YESHANIM to 15a, ARUCH Erech Neged II, in the name of REBBI MOSHE HA'DARSHAN MI'NARVONA).

2)[line 2] KENEGED OVYAH SHEL KAPORES- opposite the thickness (i.e., the side) of the Kapores. (This means that the blood was sprinkled toward the Kapores, but not on it; the blood landed on the ground.)

3)[line 3] METZADED YADO L'MATAH- he turns [the back of] his hand [to face] down. According to the TOSFOS YESHANIM and the ARUCH, this Beraisa mirrors the explanation that Rebbi Yehudah gave for the term k'Menagdana. According to RASHI, on the other hand, this is an additional differentiation between the first sprinkle of "l'Mailah" and the last seven of "l'Matah".

4)[line 6] - ] - "[ - .""[V'SHACHAT ES SE'IR HA'CHATAS ... V'ASAH ES DAMO KA'ASHER ASAH L'DAM HA'PAR] V'HIZAH OSO AL HA'KAPORES V'LIFNEI HA'KAPORES"- "[And he shall slaughter the male goat designated as a Korban Chatas ... and he shall do with its blood as he did with the blood of the bull,] and he shall sprinkle it upon the Kapores and in front of the Kapores" (Vayikra 16:15). The Beraisa quoted by the Gemara later on this Amud explains that we derive from the terminology of "he shall sprinkle it" that the blood of the goat is sprinkled upward only once. Although the verse does not specify how many times its blood should be sprinkled downward, the number is derived from the comparison to the blood of the bull, which is sprinkled seven times.

5)[line 8] MAH LIFNEI D'LAV AL- just as "Lifnei" - "in front of" - does not refer to on [the Kapores]

b)[line 9] AF AL D'LAV AL- so, too, "Al" - "on" - does not refer to on [the Kapores]

6)[line 10] D'GAMAR MI'MAILAH D'SA'IR- since it is learned from the first sprinkling of the goat. (This, too, is derived from the equation of the blood of the bull and the goat.)

7)[line 16]"[ , ] - ; [ - - .]"[V'LAKACH MI'DAM HA'PAR, V'HIZAH B'ETZBA'O] AL PNEI HA'KAPORES KEDMA; [V'LIFNEI HA'KAPORES YAZEH SHEVA PE'AMIM MIN HA'DAM B'ETZBA'O]"- "[And he shall take from the blood of the bull, and sprinkle with his finger] on the eastern face of the Kapores; [and in front of the Kapores he shall sprinkle seven times from the blood with his finger]" (Vayikra 16:14).

8)[line 16] BANAH AV (BINYAN AV)

(a)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of them is called Binyan Av. A Binyan Av - literally "building through a father" - refers to establishing a certain law in one area of the Torah, and then applying it to other comparable circumstances.

9)[line 20] KAMAH L'MAILAH B'SA'IR? ACHAS.- How many times is the blood of the goat sprinkled in an upward direction? Once.

10)[line 23] O KELACH L'DERECH ZU- lit. or turn this way; or perhaps one can argue as follows

11)[line 27] SHE'EIN TALMUD LOMAR KA'ASHER ASAH- it is not necessary [for the Torah] to state, "[and he shall do with its blood] as he did [with the blood of the bull]" (Vayikra 16:15) [since the same actions are separately described regarding the blood of both the bull and the goat]

12a)[line 41] MAR KI ASREI- Rebbi Meir [was elucidating the sprinkling of the blood] following the custom[ary method of counting] where he lived [where numbers were described, for example, as one and twenty, two and twenty, etc.]

b)[line 41] U'MAR KI ASREI- and Rebbi Yehudah [was elucidating the sprinkling of the blood] following the custom[ary method of counting] where he lived [where numbers were described, for example, as twenty and one, twenty and two, etc.]

13)[line 42] SHE'LO YIT'EH B'HAZA'OS- a) so that he [should pause in between each of the last seven sprinklings, which allows him to pay close enough attention to them that he] will not err [in how many times] he has sprinkled (RASHI); b) so that he not err [and continue with "two"] as he sprinkles [the first of the seven sprinklings l'Matah, thereby sprinkling a total of only seven times] (RITVA)

14)[line 43] SHE'EIN TALMUD LOMAR YAZEH- it is not necessary [for the Torah] to state, "[and in front of the Kapores] he shall sprinkle" (Vayikra 16:14) [since it is already clear from the verse that he is sprinkling the blood]

15)[line 45] D'LO MANAH V'LO TA'AH- Everything described in the Torah regarding the Avodah of Yom ha'Kipurim is invalid if not performed exactly as described. This is learned from the phrase, "This shall be for you for an eternal decree " (Vayikra 16:29). Any time that the word "Chukah" (decree) appears, it means that what has been described is absolutely necessary. Therefore, since Rebbi Yochanan derives the requirement for the Kohen Gadol to count the first Haza'ah along with every subsequent one from the Pasuk, even if no other mishap resulted the Avodah is invalid.

16)[line 46]SHOFAROS- large collection boxes that were narrow on top where the slot to put the money was, wide on the bottom, and had no door. These features guarded against theft by allowing money into the box, but not allowing any out.

17)[line 46] KINEI CHOVAH (ZAV; ZAVAH; YOLEDES; METZORA; TUM'AS MIKDASH U'KEDASHAV)

(a)A pair of birds is known as a Ken (plural Kinim), which means "nest." There are five individuals who may be required to offer such a pair of birds as Korbanos, one an Olah and the other as a Chat'as. They are a Zav, a Zavah, a woman who has given birth, a Metzora, and one who entered the Mikdash or consumed Kodshim inadvertently while Tamei.

(b)ZAV

1.A man who emits Zov at least twice, whether this occurs over the course of one day or two or consecutive days, is called a Zav. Zov is a clear discharge with the appearance of the white of a sterile or spoiled egg (in contrast to semen, which has the consistency of fresh egg white). Zov also may be a pus-like discharge resembling the liquid component of barley dough or soft barley batter. A Zav has the status of an Av ha'Tum'ah and may not enter "Machaneh Leviyah" (see Background to Pesachim 67:6).

2.A Zav must count seven "clean" days during which he experiences no discharge in order to start his purification process. On the seventh day or following, he immerses himself in a Mikvah during the daytime. At nightfall he becomes Tahor (assuming that he continue to experience no emissions; Zavim 2:2).

3.If a Zav emits Zov only twice, he need not bring a Korban. If he has discharged Zov three times, however - whether over the course of one day or over two or three consecutive days - he must offer a Korban after completing his seven clean days in order to be able to enter the Beis ha'Mikdash or eat Korbanos.

4.The Korban which a Zav must offer consists of a pair of turtle-doves or common doves (a Ken), one as an Olah and one as a Chatas.

(c)ZAVAH

1.The eleven days which follow the seven days of Nidah (see Background to Pesachim 112:62) are termed days of Zivah. If a woman experiences uterine bleeding during this time for either one day or two consecutive days, she is known as a Zavah Ketanah and is Teme'ah. As long as she does not bleed over the following night and day, she may immerse in a Mikvah to become Tehorah. She may even immerse the morning immediately following the bleeding, although whether or not she becomes Tehorah is contingent upon whether or not she sees blood later on that day. A woman in such a situation is called a Shomeres Yom Keneged Yom, for she must watch the following day in order to determine whether or not she has continued to bleed.

2.If a woman has a show of blood for three consecutive days during her eleven days of Zivah, she attains the status of a Zavah Gedolah. In order to become Tehorah, she must count seven "clean days" during which she experiences no further bleeding. On the morning of the seventh clean day she may immerse in a Mikvah. As long as she experiences no further bleeding over the rest of that day she is Tehorah and no longer a Zavah. She must then offer a Korban Zavah in order to enter the Beis ha'Mikdash or partake of Kodshim. This Korban consists of a pair of turtle-doves or common doves, one as an Olah and one as a Chatas (a Ken).

(d)YOLEDES

1.After a woman gives birth, she may not eat Kodshim nor enter the Beis ha'Mikdash for forty days following the birth of a boy, and eighty days following the birth of a girl. At that point she must bring a Korban Yoledes, after which she may eat Kodshim and enter the Beis ha'Mikdash. The Korban consists of a male sheep as a Korban Olah, and a dove or a turtledove as a Korban Chatas. If she can not afford the sheep, she may bring two doves or two turtledoves, one as an Olah and one as a Chatas (a Ken).

3.A woman who miscarries her child must follow the above procedure as well.

(e)METZORA

1.If one develops a white patch on his skin the size of a Gris (a Cilician bean, approximately the size of a dime) which appears to be Tzara'as, he must go to a Kohen, as the status of Tzara'as can only be determined by the pronouncement of a Kohen. If the Kohen ascertains that the whiteness of the patch is indeed the hue of a Nega Tzara'as, then the status of the individual depends on its appearance. If there are Simanei Tum'ah, which include the spreading of the patch, unaffected skin in the middle of the patch, or two white hairs growing in the patch, then the Kohen immediately declares him to be a Metzora. Such an individual is known as a Metzora Muchlat. If the Kohen does not find any Simanei Tum'ah, then he pronounces him Tamei for one week. At this point the person in question is known as a Metzora Musgar. After the week passes, the Kohen returns to see if the appearance of the patch has developed Simanei Tum'ah. If it has, the Kohen pronounces him a Metzora Muchlat. If it has not, the individual is once again a Metzora Musgar for the duration of a week. At the end of this second week, if no Simanei Tum'ah appear, the Metzora becomes Tahor. A Metzora Muchlat remains Tamei until his Simanei Tum'ah disappear. At that point - after a Kohen determines that the Tzara'as has indeed departed - he is Tahor once pronounced so by the Kohen. See Background to 41:17 for more details of the state and purification of a Metzora.

2.On the eighth day of the purification process of a Metzora, he must offer three Korbanos to complete his Taharah. These Korbanos consist of two male sheep and one female sheep. One of the male sheep is offered as an Olah, and the other is offered as an Asham. The female sheep is offered as a Chatas. If he cannot afford these animals, he is called a poor Metzora. The poor Metzora brings two turtledoves or two common doves as the Olah and the Chatas (a Ken); however, a sheep is still necessary for his Asham.

(f)TUM'AS MIKDASH V'KODASHAV

1.On may not enter the Mikdash (see Background to Tamid 27:27 for a definition of this term) if he has become Tamei due to contact with an Av ha'Tum'ah (Bamidbar 5:2; see Background to 14:14).

2.One may not consume Kodshim in a state of Tum'ah even if he is outside of the Mikdash. This is derived from the verse which states, "b'Chol Kodesh Lo Siga" - "... she (a woman after childbirth) may not touch any consecrated item" (Vayikra 12:4). The Gemara (Yevamos 75a, Makos 14b) understands that this Pasuk forbids one who is Tamei to partake of Kodshim.

3.If one transgresses these prohibitions b'Shogeg (unintentionally), then he must offer a Korban Oleh v'Yored. What the Korban Oleh v'Yored consists of varies depends upon the means of the penitent. If he is wealthy, he must offer a female sheep or goat as a Chatas (Korban Ashir). If he cannot afford a sheep, he must offer a pair of turtledoves or common doves, one as an Olah and one as a Chatas (Korban Oleh v'Yored b'Dalus; a Ken). If he cannot even afford a pair of birds, he may offer one-tenth of an Eifah of fine flour as a Minchas Chatas (Korban Oleh v'Yored b'Dalei Dalus) (Vayikra 5:6-13).

(g)The manner in which an Olas ha'Of (see Background to 29:29) and a Chatas ha'Of (see Background to 24:32) are offered differ. If one is offered in the manner prescribed for the other, it is Pasul. It is therefore important for the Kohen offering them to know which one is which.

18)[line 47]NEDAVAH (NEDARIM U'NEDAVOS)

(a)The Torah allows one to offer a voluntary sacrifice in the Beis ha'Mikdash (Vayikra 1:2). If one wishes to offer a bird as a voluntary Korban, it must be offered as an Olah, which is completely burned upon the Mizbe'ach. (See Background to 29:29 for a detailed description of how such a Korban is offered.)

(b)There are two categories of voluntary Korbanos: general and specific. Should one state, "I pledge an Olah" (for example) without singling out any specific animal, then his pledge is called a Neder. Even after subsequently designating a specific animal with which to fulfill his pledge, he must replace it should that animal become misplaced or die. If one singles out an animal to offer as his pledge, then it is known as a Nedavah. If this animal is lost or dies, then he has no obligation to offer another in its place.

55b----------------------------------------55b

19)[line 1] LEIS LEI KESIVAH- does not [rely upon] labeling [differing items in the Beis ha'Mikdash, since one does not always check the label]

20)[line 3] MI'SHUM D'MECHALFEI- they get confused [thereby leading to the performance of the Avodah out of order]

21)[line 7] TIKLIN CHADETIN (SHEKALIM)

(a)Many sacrifices are offered on behalf of the public in the Beis ha'Mikdash, such as the daily Temidim and the Korbenos Musaf of Rosh Chodesh and the festivals. The funds used to purchase the animals for these Korbanos are taken from a treasury known as the Terumas ha'Lishkah. Every Jewish male, regardless of whether he lives in Eretz Yisrael or the Golah or how wealthy he is, is required by the Torah to contribute one half-Shekel annually to this Lishkah.

(b)These half-Shekalim are collected prior to Rosh Chodesh Nisan, in order that the Korbanos of each year (which begins with the month of Nisan with regard to Korbanos) would be purchased from the money collected for that year. One month earlier, on the first of Adar, Beis Din would begin the drive to collect the Shekalim (see Insights to 2a). Despite this early effort, some commentaries maintain that some Shekalim would not arrive until following Rosh Chodesh Nisan. Others understand that all of the Shekalim would arrive by Rosh Chodesh Nisan, as the collection from areas distant from Yerushalayim began earlier in the year. This appears to be the conclusion of the Yerushalmi as well (Daf 2a; see Mishnas Eliyahu 2b). Regardless, one who had not yet donated his Shekel was able to do so by placing it in the appropriately marked collection box in the Beis ha'Mikdash, as long it was still within that same year.

(c)The RAMBAM maintains that this yearly donation was not fixed at exactly half a Shekel; it was set as half of the "Matbe'a ha'Yotzei" (basic monetary unit in use at the time). If, however, the value of the Matbe'a ha'Yotzei was less than the value of one half-Shekel, then a larger coin was required. The RA'AVAD and RAMBAN, however, are of the opinion that the value of the half-Shekel remains constant.

(d)The Shekel in use at the time of Moshe Rabeinu, which is that referred to by the Torah in the phrase "Machatzis ha'Shekel" (Shemos 30:13), is equivalent to the Sela prevalent during the period when the Gemara was written. Half of such a Shekel, then, is half a Sela, or two Dinarim. People began referring to a half-Sela coin as a "Shekel," due to that which they "gave it" ("Shoklim" Oso) annually in fulfillment of the Mitzvah of Machatzis ha'Shekel (RAMBAN ibid.).

22)[line 7] TIKLIN ATIKIN- old Shekalim; i.e., those owed from a previous year. (These Shekalim went toward the Sheyarei ha'Lishkah [see Background to Shekalim 2:11])

23)[line 8]KININ- This presumably refers to Kinei Chovah (see above, entry #16. Those who were obligated in the Kinim would deposit the value of a pair of birds in this Shofar, and the Kohanim would purchase the two birds and offer them appropriately.)

24)[line 8] GOZALEI OLAH- young birds for Korbenos Olah; this presumably refers to all voluntary bird offerings (see above, entry #18)

25)[line 8]ETZIM- firewood [for the Mizbe'ach. Those who wished to donate this item placed the value of at least two Amah-by-Amah wood blocks in this Shofar, which were then purchased by the Kohanim.]

26)[line 8]LEVONAH- frankincense; alt. oliban. (Those who wished to donate incense placed money in this Shofar. Kohanim then used it to purchase Levonah and burn it upon the Mizbe'ach.)

27)[line 8] ZAHAV LA'KAPORES- money with which to purchase a) golden bowls used to receive the blood of a slaughtered Korban [which are referred to as Keforei Zahav (Ezra 1:10, Divrei ha'Yamim I 28:17)] (RASHI); b) thin golden sheets used to cover the walls of the Kodesh ha'Kodashim [which is known as the Beis ha'Kapores] (RIVA, cited by TOSFOS YESHANIM DH v'Zahav)

28)[line 9]NEDAVAH (KAYITZ HA'MIZBE'ACH)

(a)There are six Shofaros (coffers; see Background to 5:14) kept in the Mikdash, the contents of which are used to purchase Korbanos for "Kayitz ha'Mizbe'ach". Kayitz ha'Mizbe'ach consists of Korbanos Olah that are offered upon the Mizbe'ach when it is not otherwise in use. These Korbanos are Korbenos Tzibor (communal offerings).

(b)Rashi to Sukah 56a DH Kayitz explains that these offerings are called Kayitz since they are a "dessert" for the Mizbe'ach. Kayitz refers to cut figs, a common dessert food. Another explanation is that these offerings are offered upon the Mizbe'ach during the long days of the summer (Kayitz) months.

29)[line 11]ESHTAKAD- the previous year

30a)[line 12]TORIN- turtledoves

b)[line 12] BNEI YONAH- pigeons

31)[line 13] ' DIVREI REBBI YEHUDAH- This is the end of the question upon the assertion of Rav Yosef. Clearly Rebbi Yehudah does rely on labeling in the Beis ha'Mikdash, since the two Shofaros - one for voluntary turtledove offerings and one for voluntary pigeon offerings - are distinguishable from one another only by their labels.

32)[line 14] CHATAS SHE'MESU BE'ALEHA (CHATA'OS HA'MESOS)

(a)There are five categories of Korbenos Chatas which are left locked up without food or water until they expire, as per Halachah l'Moshe mi'Sinai. These are:

1.The offspring of a Chatas (which also has the Kedushah of a Chatas)

2.The Temurah (see Background to Pesachim 96:17) of a Chatas

3.A Chatas whose owner has passed away

4.A sheep or goat designated as a Korban Chatas which is now older than one year (and therefore invalidated as a Korban Chatas)

5.A Chatas which was lost and later found with a Mum, whose owner has in the interim offered a different Chatas to atone for his sin (Temurah 21b)

(b)If one designates money for the purchase of a Korban Chatas and then passes away, the money must be disposed of (such as by throwing it into the Yam ha'Melach [Dead Sea]), just as the actual Chatas of one who passed away must be left to expire.

33)[line 18] V'NIVROR ARBA'AH ZUZEI- let us pick four Zuz (the value of a bird)

b)[line 18] V'NISHDEI B'MAYA- and throw it into [a body of] water

C)[line 19] V'HANACH NISHTERU- and what remains will be permitted

34)[line 19]BEREIRAH [YESH BEREIRAH/EIN BEREIRAH]

(a)In numerous places in Shas we find arguments among the Tana'im/Amora'im as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e. Bereirah doesn't work). Bereirah means making the effect of one's action contingent retroactively upon future events. Examples of this are: buying or selling an object on the condition that it rains the following day, or that the object of the sale will remain undefined until it is selected the following day. "Ein Bereirah" means that such a stipulation does not work. An action cannot be contingent on a future event. The Ran (Nedarim 45b) explains this opinion with the following logic : "It is not proper for something to take effect when upon what it will take effect is still in question." (See Insights to Chulin 15:2.) "Yesh Bereirah" means that such a stipulation does work.

(b)When the action is contingent on a past event, there is no question that the action works - even if the people involved in the action are not aware as to whether the past event did or did not take place. Example: If a person makes two Eruvei Techumin before sundown on Erev Shabbos, places them on opposite sides of his city, and declares, "If my Rebbi is presently staying in the village to the East, I would like the Eastern Eruv to work; if not, I would like the Western Eruv to work." The man making the Eruv may not know where his Rebbi is - but when he finds out, the Eruv will have taken effect on the side that he stipulated ("Kevar Ba Chacham" - see Chulin 14b).

(c)We find dozens of instances in the Gemara where a person may perform an action "on the condition that..." (b'Tenai). For example, a man may buy/sell an object or divorce his wife on the condition that the other party pays/does whatever the first party specifies. If the condition is not kept in the future, the sale/divorce is annulled. This situation is not called Bereirah - see Insights to Eruvin 36b.

(d)Halachically, most Poskim conclude (based on Beitzah 38a) that regarding biblical questions (mid'Oraisa), we assume that Bereirah does not work (l'Chumrah), but in regards to Rabbinical questions (mid'Rabanan), we rely on Bereirah (l'Kulah).

35)[line 20]KUSIM

(a)The King of Ashur brought the people of Kusa to Eretz Yisrael and settled them in the Shomron. They converted to Judaism after they found themselves under attack from lions. The Chachamim disagree as to whether their conversion was an honest and valid one, or whether it was prompted only by feelings of self-preservation and the Kusim remained Nochrim.

(b)After the times of the Mishnah, they were found worshipping an image of a dove. At that point, the Chachamim unanimously gave them the status of Nochrim (Chulin 6a).

36)[line 21] IM CHASHECHA- close to sunset

37)[last line] TERUMAH ... MA'ASER RISHON ... MA'ASER SHENI

(a)After a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Although the Torah does not specify an amount that must be given, the Rabanan set the requirement at between one fortieth and one sixtieth of the total crop.

(b)Once Terumah is separated from the produce, the first tithe must be separated. One tenth of the remaining produce is given to a Levi; this is known as Ma'aser Rishon. The Levi, in turn, must separate one tenth of his Ma'aser Rishon and give it to a Kohen, as it states in Bamidbar 18:26. This is called Terumas Ma'aser.

(c)Once Terumah Gedolah and Ma'aser Rishon have been separated from the crop, it is time to separate the second tithe. In the third and sixth years of the seven-year Shemitah cycle this tithe is called Ma'aser Ani, and it is given to the poor.

(d)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 (Devarim 13:22-28).

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