1)

THE DEFINITION OF A CHERESH (Yerushalmi Terumos Perek 1 Halachah 1 Daf 4a)

[ãó ã òîåã à] ìîé ðöøëä ìøáé éåñé äééãï øáé éåñé ääåà ãúðéðï úîï ä÷åøà àú ùîò åìà äùîéò ìàæðå éöà øáé éåñé àåîø ìà éöà.

(a)

(The Mishnah taught that a Cheresh who can speak but not hear should not separate Terumah, but if he did, it is valid.) This was needed according to R. Yosi, who says (in a Mishnah in Maseches Berachos) that if a person recited the Shema without his ears hearing it, he has not fulfilled his obligation. (In contrast, such a Cheresh separating Terumah is valid even though he didn't hear his recital of the Beracha.)

úîï úðéðï äëì ëùøéï ì÷øåà àú äîâéìä çåõ îçøù ùåèä å÷èï

(b)

(Mishnah in Maseches Megillah): All may read the Megillah, except a Cheresh, an insane person and a child.

àîø øá îúðä ãøáé éåñé äéà

(c)

(Rav Masnah): That Mishnah is according to R. Yosi.

àîø øáé éåñé äåéðï ñáøéï îéîø îä ôìéâéï øáé éåñé åøáðï á÷''ù ãëúéá áä ùîò äà ùàø ëì äîöåú ìà

(d)

(R. Yosi {the Amora}): Originally, we thought that R. Yosi and the Chachamim disagree over reciting the Shema, as the pasuk there says, "Hear'', but in all other Mitzvos, there is no such requirement.

îï îä ãàîø øá îúðä ãøáé éåñé äéà äãà àîøä äéà ÷''ù äéà ùàø äîöåú ùáúåøä

1.

But from the statement of Rav Masnah (above, about the Mishnah in Megillah) that it is according to R. Yosi, this shows that the disagreement between the Chachamim and R. Yosi must apply in all Mitzvos.

î''è ãøáé éåñé åäàæðú ìîöåúéå åâå' ùîò ìàæðéê îä ùôéê îãáø

(e)

Question: What is R. Yosi's source for this requirement for all of the Mitzvos? The pasuk states (Shemos 15:26), "And listen to His Mitzvos'' - Make heard to your ears that which you mouth speaks.

àîø øá çñãà ìéú ëàï çøù àùâøú ìùåï äéà îúðéúà.

(f)

(Rav Chisda): The Mishnah (in Megillah) should not teach the case of Cheresh (as a mute cannot read the Megillah) - it was written there merely because of the habit of Mishnayos of always writing together the three cases of Cheresh, an insane person and a child.

à''ø éåñé îñúáøà éåãé øá çñãà áúøåîä ãäéà ãøáé éåñé

(g)

(R. Yosi {the Amora}): It is logical that Rav Chisda would agree that the Mishnah about Terumah is according to R. Yosi.

[ãó æ òîåã á (òåæ åäãø)] àîø øáé áåï òì ëåøçê àúîø ãäéà ãøáé éåñé ãúðéðï çîéùúé ÷ãîééúà åìà úðéðúà òîäåï åàéï îùåí ùàéï úøåîúï úøåîä åäà úðéðï çîéùúé àçøééúà åìà úðéðúà òîäåï äøé ñåôä îéîø ãø' éåñé äéà.

(h)

(R. Bun): The Mishnah itself shows that it was authored by R. Yosi, as the beginning of the Mishnah taught 'Five should not separate and if they did, it is not valid' and the list didn't include a Cheresh who cannot speak. And if you will suggest that it's because they are not valid, but for such a Cheresh it would be valid - why then is it absent from the later Mishnah that listed people who should not separate Terumah, but if they did, it is valid? Rather, the Mishnah follows R. Yosi (and the reason it wasn't recorded in the list of five is because it is the subject of a dispute).

úîï úðéðï äëì çééáéï áøàééä çåõ îçøù ùåèä å÷èï

(i)

(Mishnah in Maseches Chagigah): All are obligated to be seen in the Temple on the festivals (Pesach, Shavuos and Succos), except for a Cheresh, an insane person and a child.

çáøééà áùí ø' ìòæø ìîòï éùîòåï åìîòï éìîãåï òã ëãåï îãáø åàéðå ùåîò ùåîò åàéðå îãáø

(j)

(Chevraya citing R. Elazar): (A Cheresh is exempt because) the pasuk states (Devarim 31:12), "In order that you will hear and in order that you will learn''. This only excludes one who can speak but not hear. What about one who can hear but not speak?

ø' äéìà áùí ø' ìòæø ìîòï éìîãåï åìîòï éìîãåï

(k)

(R. Hila citing R. Elazar): It's written "L'Ma'an Yilmedun'' ('in order that you will learn'), but it should be read "L'Ma'an Yilameidun'' ('in order that you will teach') (which requires the ability to speak).

àîø ø' éåðä äãà àîøä ãìéú ëììéï ãøáé ëììéï )ãúðéðà çøù äîãáø åàéðå ùåîò ìà éúøåí([ãúðéðï çøù ùãéáøå çëîéí áëì î÷åí ùàéðå ìà ùåîò åìà îãáø] åñáøéðï îéîø ùåîò åàéðå îãáø çøù îãáø åàéðå ùåîò çøù

(l)

(R. Yona): This means that the rule that Rebbi taught in the Mishnah (Chulin 48(c)) that 'the standard Cheresh of Chazal is one who cannot hear or speak' isn't always accurate, as we have found that one who can hear but not speak is called a Cheresh and one who can speak but not hear is also called a Cheresh.

[ãó ç òîåã à (òåæ åäãø)] åäúðéðï çøù ùçìõ åäçøùú ùçìöä åäçåìöú ì÷èï çìéöúä ôñåìä åàîø ø' éåçðï áùàéï éëåìéï ìåîø åàîø åàîøä åúðéðï çøù ùãéáøå çëîéí áëì î÷åí ùàéðå ìà ùåîò åìà îãáø

(m)

Another example is the Mishnah in Yevamos - 'A Cheresh that performed Chalitzah, a Chareshes (female Cheresh) that performed Chalitzah and a woman who performed Chalitzah with a child - the Chalitzah is invalid'. And R. Yochanan said that this applies in a case when he or she couldn't say (the required declarations - as written in Devarim 25). This shows that even if someone can hear, they could still be called a Cheresh (if they cannot speak)?!

äãà îñééò ìøáé éåðä ãøáé éåðä àîø äãà àîøä ãìéú ëììéï ãø' ëììéï:

(n)

This is further support for R. Yona who said that Rebbi's rule isn't always accurate.