ZEVACHIM 100 (10 Av) - Dedicated by Rabbi Kornfeld's mother, Mrs. G. Kornfeld, in memory of her father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel. Isi Turkel loved Torah and worked to support it with, literally, his last ounce of strength. He passed away on 10 Av 5740.

1)

(a)Rav Mari establishes Rebbi Shimon in the Beraisa (who includes Pesachim in the prohibition of Onein) literally. How does he reconcile it with the Mishnah in Pesachim, where the same Rebbi Shimon permits it?

(b)In which point does Rav Mari argue with Rav Asi, who made the same distinction to explain the discrepancy by other Korbanos?

(c)Rav Ashi queried Rav Mari from Rebbi Shimon's proof (from the fact that Chazal permitted an Onein to Tovel and eat his Pesach in the evening). According to Rav Mari, what ought Rebbi Yehudah to have retorted?

(d)What did Rav Mari reply to that?

1)

(a)Rav Mari establishes Rebbi Shimon in the Beraisa (who includes Pesachim in the prohibition of Onein) literally. To reconcile it with the Mishnah in Pesachim, where the same Rebbi Shimon permits it - he establishes it where the owner's father was not only buried on the fourteenth, but he also died on the fourteenth, whereas the latter speaks when he died on the thirteenth (like Rav Asi explained above to explain the discrepancy by other Korbanos).

(b)Rav Mari argues with Rav Asi - in that, according to him, Rebbi Shimon forbids an Onein to eat even the Pesach in the former case, whereas according to Rav Asi, he only permits other Kodshim.

(c)Rav Ashi queried Rav Mari from Rebbi Shimon's proof (from the fact that Chazal permitted an Onein to Tovel and eat his Pesach in the evening). According to Rav Mari, he asked, Rebbi Yehudah ought to have retorted - that he had called the day of the deceased's death, d'Oraysa, and Rebbi Shimon should not have brought a proof from the day of his burial (which he conceded is only de'Rabbanan) to counter him.

(d)Rav Mari was unable to reply to that, so we remain with a Kashya on him.

2)

(a)Abaye too, interprets 'Pesach' literally. According to him, both cases are speaking on the day of the deceased's death, only the Beraisa speaks where he died before midday, and the Mishnah in Pesachim, where he died after midday. What difference does it make when he died?

(b)Considering that Abaye does not consider eating crucial to the Mitzvah of Korban Pesach, why did the Chachamim waive Aninus Laylah in face of the Korban Pesach, more than any other Korban?

(c)And he proves his point from a contradiction between two Beraisos. What does the first Beraisa learn from the Pasuk in Emor (in connection with a Kohen making himself Tamei for his unmarried sister) "Lah Yitama"?

(d)What happened to Yosef ha'Kohen when he refused to render himself Tamei when his wife died on Erev Pesach?

2)

(a)Abaye too, interprets 'Pesach' literally. According to him, both cases are speaking on the day the deceased died, only the Beraisa speaks where he died before midday - where he becomes an Onein, since he has not yet become obligated to bring the Korban Pesach, and the Mishnah in Pesachim, where he died after midday - where the obligation to bring the pesach preceded the Aninus.

(b)Despite the fact that, according to Abaye, eating is not crucial to the Mitzvah of Korban Pesach, Chazal waived Aninus Laylah in face of the Korban Pesach, more than any other Korban - either because they were afraid that if he would not be permitted to eat it, he would not bother to Shecht it either, or because it would not be correct for someone to Shecht a Korban Pesach in order to render it Pasul.

(c)And he proves his point from a contradiction between two Beraisos. The first Beraisa learns from the Pasuk (in connection with a Kohen making himself Tamei for his unmarried sister) "Lah Yitama" - that it is a Mitzvah for a Kohen to make oneself Tamei for a deceased relative.

(d)When Yosef ha'Kohen refused to render himself Tamei for his wife who died on Erev Pesach - they forced him to do so.

3)

(a)The second Beraisa discusses the Pasuk in Naso "le'Aviv, u'le'Imo, le'Achiv u'le'Achoso Lo Yitamo lahem be'Mosam". About whom is the Torah speaking?

(b)Having taught us 'Aviv, Imo and Achiv', why does the Torah need to add 'Achoso'?

(c)In which way does this Beraisa appear to contradict the previous one?

(d)How does Abaye resolve the discrepancy?

3)

(a)The second Beraisa discusses the Pasuk in Naso - (in connection with a Nazir) "le'Aviv, u'le'Imo, le'Achiv u'le'Achoso Lo Yitamo lahem be'Mosam".

(b)In spite of having taught us 'Aviv, Imo and Achiv', the Torah needs to add 'Achoso', to teach us that even if a Nazir Kohen Gadol who is going to circumcise his son or to bring his Korban Pesach (any one of which overrides the Mitzvah of burying one's relatives), he is obligated to go and bury a Meis Mitzvah, should the need arise.

(c)This Beraisa appears to contradict the previous one - inasmuch as, according to this Tana, Pesach overrides the Mitzvah of burying one's deceased relative, whereas the previous Tana gave precedence to burying one's dead.

(d)Abaye resolves the discrepancy - by establishing the latter Beraisa when the deceased died after midday, and the former, when he died before midday.

4)

(a)We try to refute this proof by establishing the author of the second Beraisa as Rebbi Yishmael. What does Rebbi Yishmael say?

(b)What would Rebbi Akiva then hold?

(c)Why would the Mitzvah of making himself Tamei override that of bringing the Korban Pesach, which after all, carries with it a Chiyuv Kareis?

(d)On what grounds do we refute this suggestion?

4)

(a)We try to refute this proof by establishing the author of the second Beraisa as Rebbi Yishmael - who learns that "Lah Yitama" by Nazir, is not an obligation, but a concession.

(b)Whereas Rebbi Akiva, who maintains that it is a Mitzvah, will hold - that the Nazir is obligated to make himself Tamei, even for a relative who died after midday.

(c)The Mitzvah of making himself Tamei would override that of bringing the Korban Pesach, in spite of the fact that the latter carries with it a Chiyuv Kareis - because, unlike the Mitzvah of making oneself Tamei for a relative (which cannot be supplemented), it can be brought on Pesach Sheini.

(d)We refute this suggestion however, on the grounds - that Rebbi Akiva makes a statement in the Reisha of the Beraisa, and we can therefore assume that he is also the author of the Seifa (which gives the Pesach precedence).

5)

(a)If Rebbi Akiva learns from the word ''Nefesh'' (in the Pasuk in Naso " ... al Nefesh Meis Lo Yavo"), the prohibition of a Nazir making himself Tamei for close relatives, what does he learn from "Meis"?

(b)If a Nazir is forbidden to make himself Tamei for relatives, why does the Torah then need to add non-relatives?

(c)Why do we Darshen relatives from Nefesh ... and not first non-relatives?

(d)Having written "Al Nefesh Meis Lo Yavo", why does the Torah find it necessary to add ...

1. ... "Aviv"?

2. ... "Imo"?

3. ... "Achiv"?

4. ... "Achoso"

5)

(a)Rebbi Akiva learns from the word ''Nefesh'' (in the Pasuk in Naso " ... al Nefesh Meis Lo Yavo"), the prohibition of a Nazir rendering himself Tamei for close relatives, and from "Meis" - that he is forbidden to make himself Tamei for non-relatives.

(b)Even though he is forbidden to make himself Tamei for relatives, the Torah nevertheless needs to add non-relatives - because "Meis" does not inherently imply relatives. In fact, it is only because there are two Pesukim that we learn that the prohibition extends to relatives.

(c)And the reason that we Darshen relatives from "Nefesh" ... , and not first non-relatives - because "Nefesh" has slight connotations of someone close.

(d)Having written "Al Nefesh Meis Lo Yavo", the Torah nevertheless finds it necessary to add ...

1. ... "Aviv" - to teach us that for a Meis Mitzvah, the Nazir is obligated to make himself Tamei (because two consecutive inclusions come to exclude).

2. ... "Imo" - that even if the Nazir is a Kohen Hedyot too, he is obligated to bury the Meis Mitzvah.

3. ... "Achiv" - that even if he is a Nazir and a Kohen Gadol, he is still obligated to do so.

4. ... "Achoso" - that burying the Meis Mitzvah takes precedence even if, in addition to being a Nazir and a Kohen Gadol, he is also on his way to Shecht his Pesach or to circumcise his son.

100b----------------------------------------100b

6)

(a)According to Rava, even if the relative died after midday, the Onein is only permitted to Tovel and eat his Pesach after nightfall under certain circumstances. Which circumstances?

(b)What did Rav Ada bar Masna mean when he queried Rava 'Mai de'Havah Havah'?

(c)Why did he not ask the same Kashya on Abaye?

(d)What did Ravina reply?

(e)What did Rava comment to Rav Ada bar Masna?

6)

(a)According to Rava, even if the relative died after midday, the Onein is only permitted to Tovel and eat his Pesach after nightfall - provided the Korban has already been Shechted and the Zerikah has taken place.

(b)When Rav Ada bar Masna queried Rava 'Mai de'Havah Havah', he meant - that since he has already fulfilled the Mitzvah of Korban Pesach, why would the Rabbanan waive the Isur of Aninus Laylah to enable the owner to eat the Korban Pesach more than any other Korban?

(c)He did not ask the same Kashya on Abaye - because, seeing as, according to him, the Korban has not yet been Shechted, they were afraid that if the owner would not be allowed to eat it, he would refrain from Shechting it.

(d)Ravina replied - that eating the Pesach is an intrinsic part of the Mitzvah of Pesach (as we shall now see).

(e)Rava commented to Rav Ada bar Masna - that he should take note of what his Rebbe (Ravina) had said.

7)

(a)Ravina actually based his answer on a statement of Rabah bar Rav Huna with reference to a Beraisa. The Tana there gives Yom Shemu'ah the Din of Yom Kevurah with regard to Shiv'ah and Sheloshim. What does he mean by 'Yom Shemu'ah'?

(b)And to what does he compare Yom Shemu'ah with regard to the Korban Pesach?

(c)Why did the Tana then mention Korban Pesach, seeing as the same will applies to other Kodshim?

(d)In the case of Likut Atzamos, who collected the bones?

7)

(a)Ravina actually based his answer on a statement of Rabah bar Rav Huna with reference to a Beraisa. The Tana there gives Yom Shemu'ah - ('Shemu'ah Kerovah', meaning within thirty days of his relative's death) the Din of Yom Kevurah with regard to Shiv'ah and Sheloshim.

(b)And he compares Yom Shemu'ah with regard to the Korban Pesach - to Yom Likut Atzamos (the day when he collects his relative's bones for re-burial) where the Din is 'Tovel ve'Ochel Kodshim la'Erev'.

(c)The Tana mentioned Korban Pesach (even though it applies to all Kodshim) - to hint that the prohibition of Yom Kevurah applies even to Pesachim.

(d)In the case of Likut Atzamos - someone else must have collected the bones on his behalf (otherwise, he would require Haza'ah on the third and seventh days).

8)

(a)What does the Tana mean when he concludes 'Echad Zeh ve'Echad Zeh Tovel ve'Ochel Kodshim la'Erev'?

(b)How does this create a discrepancy in the Beraisa?

(c)Rav Chisda establishes a Machlokes Tana'im. What is the Machlokes?

(d)Even if Leil Kevurah is Asur mi'de'Rabbanan regarding other Kodshim, why did the Chachamim not permit eating the Korban Pesach, in order to fulfill the Mitzvah of Pesach?

8)

(a)When the Tana concludes 'Echad Zeh ve'Echad Zeh Tovel ve'Ochel Kodshim la'Erev', he means - both the day of burial and the day when he collects the bones.

(b)This creates a discrepancy in the Beraisa - since, here the Tana is equating Yom Kevurah with Yom Likut Atzmos, to permit Leil Kevurah (eating Kodshim the night after the Kevurah), whereas in the Reisha, the Tana equated Yom Shemu'ah with Yom Likut Atzamos, implying that Leil Kevurah is forbidden.

(c)Rav Chisda establishes a Machlokes Tana'im - whether Leil Kevurah is Asur mi'de'Rabbanan or not

(d)The Chachamim made no distinction between other Kodshim and the Korban Pesach, because, in the opinion of Rav Chisda, Achilas Pesachim is not crucial to the Mitzvah.

9)

(a)Rabah bar Avuhah answers that the Seifa speaks about Shemu'ah, Likut Atzamos, and Kevurah which took place before sunset. On what basis does the Tana permit even Achilas Kodshim in such a case?

(b)Whereas the Reisha speaks where they took place after sunset, where the Tana gives Yom Shemu'ah the Din of Yom Likut Atzamos, but not of Yom Kevurah. What is now the difference between Yom Likut Atzamos and Yom Kevurah in this regard?

(c)Why do the Chachamim differentiate between Achilas Kodshim and Achilas Pesachim on Yom Shemu'ah and Yom Likut Atzamos?

(d)Then why are they stringent with regard to Leil Kevurah (even though it too, is only mi'de'Rabbanan)?

9)

(a)Rabah bar Avuhah answers that the Seifa speaks about Shemu'ah, Likut Atzamos, and Kevurah which took place before sunset, and the Tana permits even Achilas Kodshim in such a case - because in his opinion, Leil Kevurah is not even Asur mi'de'Rabbanan.

(b)Whereas the Reisha speaks where they took place after sunset, where the Tana gives Yom Shemu'ah the Din of Yom Likut Atzamos, but not of Yom Kevurah. And the difference between Yom Likut Atzamos and Yom Kevurah in this regard is - that on the former, they forbade Kodshim but permitted Pesachim, whereas on the latter, they even forbade Pesachim too.

(c)The Chachamim differentiate between Achilas Kodshim and Achilas Pesachim on Yom Shemu'ah and Yom Likut Atzamos - because they hold that Achilas Pesachim is obligatory.

(d)And the reason that they are nevertheless stringent with regard to Leil Kevurah (even though it too, is only mi'de'Rabbanan) is - because the day of Kevurah usually takes place on the day of death, and we are afraid that people will therefore come to be lenient even on the day of death, which is definitely mi'd'Oraysa.

10)

(a)How does Rav Ashi explain 'Echad Zeh ve'Echad Zeh, Tovel ve'Ochel Kodshim la'Erev'?

(b)How does this explanation dispense with the discrepancy?

(c)Why do we dismiss Rav Ashi's explanation as a joke?

10)

(a)Rav Ashi explains 'Echad Zeh ve'Echad Zeh, Tovel ve'Ochel Kodshim la'Erev' to refer to - both Yom Shemu'ah and Yom Likut Atzamos ...

(b)... thereby dispensing with the discrepancy, since it does not refer to Yom Kevurah.

(c)We dismiss Rav Ashi's explanation as a joke however - because, according to him, the Tana ought to have said (not 'Echad Zeh ve'Echad Zeh ... ', seeing as we have just equated Yom Shemu'ah with Yom Likut Atzamos, but) 'Zeh ve'Zeh Tovel ve'Ochel Kodshim la'Erev').

11)

(a)Rav Chisda presents Leil Kevurah as a Machlokes. The Tana Kama in a Beraisa gives the time period for Aninus as the entire day of death. What are the ramifications of Aninus?

(b)What problem do we have with Rebbi, who says 'Kol Z'man she'Lo Nikbar'? Why can he not mean literally that, once he has been buried, Aninus no longer applies?

(c)So how does Rav Sheishes establish Rebbi, if not on the day of death?

11)

(a)Rav Chisda presents Leil Kevurah as a Machlokes. The Tana Kama in a Beraisa gives the time period for Aninus as the entire day of death. The ramifications of Aninus are - the prohibition of eating Kodshim.

(b)The problem with Rebbi, who says 'Kol Z'man she'Lo Nikbar' is - that if were to mean literally that, once he has been buried, Aninus no longer applies, then how would he explain the Pasuk in Amos "ve'Acharisah ke'Yom Mar" (which implies a complete twenty-four hour day).

(c)Rav Sheishes therefore establishes Rebbi (not on the day of death, which renders one an Onein until the following morning, but) on the day of burial (though at this point, it is not yet clear what the Machlokes is).

12)

(a)Rav Yosef queries Rav Sheishes from the Beraisa 'ha'Shome'a al Meiso ve'ha'Melaket Atzamos, Tovel ve'Ochel be'Kodshim la'Erev'. What can we extrapolate from there?

(b)What is now Rav Yosef's Kashya?

(c)So Rav Yosef amends the Tana Kama to read 'Ad Masai Mis'onenin alav? Kol Oso ha'Yom ve'Leilo'. What does Rebbi then say?

(d)On what basis does Rebbi Yirmiyah object to Rav Yosef's explanation?

12)

(a)Rav Yosef queries Rav Sheishes from the Beraisa 'ha'Shome'a al Meiso ve'ha'Melaket Atzamos, Tovel ve'Ochel be'Kodshim la'Erev', from which we can extrapolate - that Leil Kevurah is Asur.

(b)Rav Yosef therefore asks - who the author of this Beraisa is (since, according to Rav Sheishes, neither of the above Tana'im considers the relative an Onein on Leil Kevurah).

(c)So Rav Yosef amends the Tana Kama to read 'Ad Masai Mis'onenin alav? Kol Oso ha'Yom ve'Leilo', to which Rebbi adds - 'Kol Z'man she'Lo Nikbar', meaning that Leil Kevurah is permitted.

(d)Rebbi Yirmiyah objects to Rav Yosef's explanation however - on the basis of a Beraisa, where Rebbi is more stringent than the Tana Kama (even going so far as to declare the relative an Onein up to ten days later, as long as the burial has not yet taken place).

13)

(a)So how does Rebbi Yirmiyah interpret the Machlokes? Leaving the Tana Kama intact, how does he amend Rebbi?

(b)What have we now proved from here?

13)

(a)Consequently, leaving the Tana Kama intact, Rebbi Yirmiyah amends Rebbi - who now comes to render the relative an Onein right up to the burial, and even the night after.

(b)We have now proved - that Leil Kevurah is a Machlokes Tana'im, like Rav Chisda explained.

14)

(a)What does Rava extrapolate from the fact that Rebbi holds Leil Kevurah is Asur mi'de'Rabbanan? What causes him to say that?

(b)He queries this however, from another Beraisa, where Rebbi Yehudah extrapolates from Aharon's words (in Parshas Shemini, in connection with Aninus Laylah) "Hein Hayom Hikrivu" that the night after the death of his sons, Aharon was permitted to eat Kodshim, but that in future, it would be Asur mi'd'Oraysa. Why the distinction?

(c)What problem does Rebbi's statement 'Aninus Laylah Eino mi'Divrei Torah Ela mi'Divrei Sofrim' create?

(d)How do we resolve the problem?

14)

(a)From the fact that Rebbi holds Leil Kevurah is Asur mi'de'Rabbanan - Rava extrapolates that Leil Misah must be Asur d'Oraysa, because the Rabbanan, who added Leil Kevurah to the Aninus, must have taken their cue from the Torah, which in turn, must have added Leil Misah to Yom Misah.

(b)He queries that however, from another Beraisa, where Rebbi Yehudah extrapolates from Aharon's words (in Parshas Shemini, in connection with Aninas Laylah) "Hein Hayom Hikrivu" that the night after the death of his sons, Aharon was permitted to eat Kodshim, but that in future, it would be Asur mi'd'Oraysa. The reason for this distinction is - the fact that in the case of Aharon, other than Aharon and his two remaining sons, there were no Kohanim to eat the Korbanos, whereas in later generations, there would always be many others.

(c)The problem with Rebbi's statement 'Aninus Laylah Eino mi'Divrei Torah Ela mi'Divrei Sofrim' is - that if the Torah did not forbid Leil Misah, why did the Rabbanan forbid Leil Kevurah?

(d)We resolve the problem however - by citing the principle 'Chachamim Asu Chizuk le'Divreihem Yoser mi'shel Torah' (meaning that the Rabbanan supported their Rabbinical rulings more than the Torah supported its own rulings (because Rabbinical rulings require more support).

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