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OUTLINES OF HALACHOS FROM THE DAF

Kollel Iyun Hadaf

prepared by Rabbi Pesach Feldman of Kollel Iyun Hadaf, Yerushalayim

daf@dafyomi.co.il, www.dafyomi.co.il

Rosh Kollel: Rabbi Mordecai Kornfeld

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44b----------------------------------------44b

1) THE TORAH IS CONCERNED FOR MONEY OF YISRAEL [Money:Conserving]

(a) Gemara

1. 43b - Mishnah: Every day (except for Yom Kipur), the Kohen scoops coals using a silver pan and pours them into a gold pan. On Yom Kipur, he scoops using a gold pan and brings that very pan inside (the Heichal).

2. Question: What is the reason (that a silver pan is used to scoop on other days)?

3. Answer: The Torah is concerned for the money of Yisrael. (Therefore Chachamim enacted not to use gold on other days, for the coals wear down the pan.)

4. 39a: The box (for the lottery) was Chulin, for it was of wood, and we do not make Klei Shares of wood.

5. Question: We should make the box of silver or gold, in order that we could make it Kodesh!

6. Answer: The Torah is concerned for the money of Yisrael.

7. Menachos 76b - Beraisa: "Soles v'Ofisa Osah" - this teaches that one may buy Soles (already sifted, for the sake of Lechem ha'Panim).

8. Question: What is the source that one may buy wheat (and sift it)?

9. Answer: "V'Lokachta" - in any case.

10. Suggestion: Perhaps this applies to other Menachos!

11. Rejection: "Osah" - it is permitted only for Lechem ha'Panim, to save money. (Soles is more expensive than wheat. It would be a great expense for Lechem ha'Panim, for much Soles is used, and it is brought every week.)

12. Question: Why is this a consideration?

13. Answer (R. Elazar): The Torah is concerned for the money of Yisrael.

14. Question: Where does the Torah show this concern?

15. Answer: "V'Hishkisa Es ha'Edah v'Es Be'iram" (Hash-m also gave water for Yisrael's animals).

16. 86a - Suggestion: A Kal va'Chomer should require "Shemen Zayis Zach" (clear oil, not from ground olives) for Menachos!

i. Hadlakas ha'Menorah is not called 'Achilah', yet it requires clear oil. Haktarah of Menachos is called 'Achilah', all the more so it should require clear oil!

17. Rejection: "Zach Kasis la'Ma'or" - we must crush (not grind) olives to make clear oil for the Menorah, but this is not required for Menachos.

18. Suggestion: Perhaps clear oil is Pasul for Menachos!

19. Rejection: "V'Isaron Soles Balul b'Shemen Kasis."

20. Question: If so, why does it say "(Zach Kasis) la'Ma'or"?

21. Answer: This is to save money. (Much oil is used for Menachos, if all must be clear it will be expensive. Only three and a half Lugim are used each day for the Menorah.) The Torah is concerned for the money of Yisrael, like R. Elazar taught.

22. 88b - Question: What do we learn from "Es Kol ha'Kelim ha'Eleh"?

23. Answer: This teaches that they must be made of gold.

24. Question: It explicitly says that they are of gold - "V'Asisa Es Neroseha...u'Malkacheha u'Machtoseha Zahav Tahor"!

25. Answer: "Es Kol ha'Kelim ha'Eleh" teaches about the mouths of the lamps;

i. One might have thought, since they become black on account of the flame, the Torah would be concerned for money of Yisrael and would not require making them of pure gold (some texts - of gold);

ii. The verse teaches that also they must be made of (pure) gold.

26. 89a - Beraisa: "Me'Erev Ad Boker" - we put enough oil in to burn from evening until morning;

27. Opinion #1: They estimated from above (first they used more than a half-Log. When they saw that it was too much, they successively used less until they found the right Shi'ur.)

28. Opinion #2: They estimated from below (first they used less, they successively used more until they found the right Shi'ur).

29. Opinion #2 says that they started putting too little, for the Torah is concerned for money of Yisrael (extra oil put inside cannot be salvaged);

30. Opinion #1 says that they started putting too much. There is no poverty in the place of wealth (the Mikdash).

(b) Rishonim

1. Rambam (Hilchos Erchin 3:9): Heseg Yad (an Oni is not required to pay the full amount) does not apply to one who said 'Demi (my value) Alai' or 'Demei Ploni Alai'. One who vows Damim (actual values) is like one who vowed a specific amount, i.e. a Maneh. Such a person must pay a full Maneh.

i. Ra'avad: This is not the reason. Rather, Heseg Yad applies only to Erchin - "V'Im Mach Hu". This is because Erchin are like a fine, like 30 Shekalim for a slave gored by a Mu'ad ox. Therefore, the Torah was concerned for the person's money. Damim are not a fine, so we do not learn them from Erchin.

ii. Question (Radvaz): If Erchin is a fine, one who admits to it (when there are no witnesses) should be exempt. The Torah did not assign the same Erech to everyone, like it did regarding a gored slave!

2. Rambam (ibid. 8:13): The Torah forbids one to make all of his money Hekdesh or Cherem - "MiKol Asher Lo". Doing so is not Midas Chasidus, rather, folly. He loses all his money and will need to take from others, and they will not have mercy on him...Rather, one should not spend more than a fifth of his money for Mitzvos...Even regarding obligatory Korbanos the Torah is concerned for a person's money, and says that he should bring according to what he has. All the more so, in matters that the Torah did not command one should vow only "K'Matnas Yado k'Virkas Hash-m Elokecha Asher Nosan Lach".

(c) Poskim

1. Shulchan Aruch (OC 451:19): Some say that a shovel used to remove bread from the oven cannot be Kashered for Pesach and one must buy a new one.

i. Be'er Heitev (40): Chami Zekeni Maharsh would not forbid the shovel when a Matzah was puffed up or folded over. It is considered b'Di'eved, for usually when one bakes one of the Matzos is forbidden due to one of these problems. If we would be stringent, also the oven would be forbidden! The Torah is concerned for the money of Yisrael, so we are not stringent.

2. Rema (461:5): Matzah Nefuchah (puffed) is forbidden, unless it formed a crust like baked bread.

i. Magen Avraham (13): Some explain that this is when there is a gap between the top of the Matzah and the bottom. Others permit this, and say that we are concerned only when the Matzah is inflated like Chametz. The Taz testified (in a Teshuvah) that the Bach never forbade Matzah Nefuchah, and laughed at those who did. We should not cause Yisraelim to lose money for this. The Magen Avraham says that one may not be so lenient about something our ancestors forbade. Presumably, the Bach was asked about Matzah with a hole and permitted it. Some forbid even this.

ii. Chak Yakov (19, brought in Be'er Heitev 15): There are others that laughed at those who forbid. Some learn from Lechem ha'Panim, which was Matzah. The Gemara (Menachos 94a) says that it inflated a bit (and could not be returned the mold in which it was baked). Surely one should be stringent like the Magen Avraham. However, it suffices to forbid the Matzah itself, unlike some who forbid even a mixture containing such a Matzah and Kelim it touched, as if it was real Chametz. This is wrong. They waste money of Yisrael and inhibit Simchas Yom Tov.

iii. Sha'arei Teshuvah (648:6): Pnei Arye thought that if parts of an Esrog turn red it is Pasul, for we never heard that Esrogim are red. He concludes that it is Kosher, for we have no proof from the Gemara that it is Pasul. Even if we will say that this is Shinuy Mar'eh, the Torah authorized Chachamim to say which Shinuyim are not Hadar, and Chachamim mentioned black and white, but not red...one who is stringent wastes money of Yisrael.

3. Noda bi'Yehudah (2 Kuntres Acharon 7): In some places we say "the Torah is concerned for money of Yisrael." In some places we say "there is no poverty in the place of wealth." I answer that the latter applies when a Kli Shares is required. (Tosfos Shevu'os 11a DH mi'Kol says so, but Rashi (Rosh Hashanah 26b DH Piv) connotes that it is even when we do not require a Kli Shares. Using silver is not considered poverty. The box for the lottery was Chulin. We buy wheat to make Lechem ha'Panim, for when we buy it it has nio Kedushas ha'Guf. at the time it is not Kadosh. We require crushed oil only for the Menorah, but not for Menachos. We cannot distinguish Menachos of individuals for those of the Tzibur, since both are Kodshei Kodoshim, and we cannot apply "there is no poverty..." lest this cause a loss to people.

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