ERCHIN 4 (17 Sivan) - Today's Dafyomi studyֲ is dedicated to the memory of Moshe Grun (Moshe Shlomo ben Michael Z"L), by his good friends in Los Angeles, New York, and Jerusalem.

1)

(a)The Beraisa states 'ha'Kol Chayavin be'Mikra Megilah, Kohanim, Levi'im ve'Yisre'elim', and repeats this with regard to the Mitzvah of Zimun. Why does the Tana find it necessary to write it with regard to ...

1. ... Mikra Megilah (where it is based on a statement by Rav Yehudah Amar Shmuel 'Kohanim ba'Avodasam, u'Levi'im be'Duchanam, ve'Yisrael be'Ma'adanam ... ')?

2. ... Zimun (where it is based on the Pasuk in Eikev "ve'Achlu Osam asher Kupar bahem)? To whom does the Mitzvah pertain?

(b)And we conclude that they are nevertheless Chayav, based on the Pasuk there "ve'Achalta ve'Sava'ata u'Verachta ... ". How does this explain why the Kohanim are Chayav?

(c)And what makes the Tana think that a Kohen, a Levi and a Yisrael who ate together may not combine to form a Mezuman? What is the case?

(d)On what grounds do we nevertheless conclude that they may?

1)

(a)The Beraisa states 'ha'Kol Chayavin be'Mikra Megilah, Kohanim, Levi'im ve'Yisre'elim', and repeats this with regard to the Mitzvah of Zimun. The Tana finds it necessary to write it with regard to ...

1. ... Mikra Megilah, based on a statement by Rav Yehudah Amar Shmuel 'Kohanim ba'Avodasam, u'Levi'im be'Duchanam, ve'Yisrael be'Ma'adamam ... ', which teaches us that - the Kohanim are even Chayav to interrupt the Avodah, in order to hear the Megilah (even though it is only a Mitzvah de'Rabbanan).

2. ... Zimun, based on the Pasuk in Eikev "ve'Achlu Osam asher Kupar bahem) - which obligates the Kohanim to eat the Menachos (which are Kodshei Kodshim) in order for Yisrael to obtain a Kaparah, and since their eating is obligatory(and not because they are hungry) we might have thought that they are exempt from Bensching with a Mezuman.

(b)And we conclude that they are nevertheless Chayav, based on the Pasuk there "ve'Achalta ve'Sava'ata u'Verachta ... " - which places the criterion for Mezuman on being satisfied, irrespective of whether they eat because they are hungry or because they have to.

(c)The Tana thinks that if a Kohen ate Terumah, he may not combine with a Levi and a Yisrael to form a Mezuman - because the Levi and the Yisrael could not have shared his food.

(d)We answer that they nevertheless may - because even though they could not have shared his food, he could have shared theirs.

2)

(a)We learned in our Mishnah 'ha'Kol Ma'arichin, Kohanim, Levi'im ve'Yisre'elim', which Rabah establishes like ben Buchri. What does Rebbi Yehudah in the Mishnah in Shekalim quote ben Buchri as having testified in Yavneh, with regard to a Kohen giving a half-Shekel on Rosh Chodesh Adar?

(b)What problem do we have with ben Buchri? On what grounds do we think that the Kohen has sinned?

(c)How do we establish the case in order to circumvent this problem?

2)

(a)We learned in our Mishnah 'ha'Kol Ma'arichin, Kohanim, Levi'im ve'Yisre'elim', which Rabah establishes like ben Buchri. Rebbi Yehudah in the Mishnah in Shekalim quotes ben Buchri as having testified in Yavneh that - any Kohen who gives a half-Shekel on Rosh Chodesh Adar has not sinned.

(b)The problem with ben Buchri is - why indeed the Kohen has not sinned. Because since he is not Chayav (as we will now see), why is he not guilty of bringing Chulin to the Azarah?

(c)To circumvent this problem, we establish the case - where the Kohen handed the half-Shekel to the community, in which case it is no longer considered his.

3)

(a)Ben Buchri's source is the Pasuk in Ki Sisa "Kol ha'Over al ha'Pekudim". How does he interpret it?

(b)How does Rebbi Akiva, who holds that on the contrary, any Kohen who does not give the hafk-Shekel, has sinned, interpret "Kol ha'Over al ha'Pekudim"?

(c)According to what we just learned, how does Rabah now suggest, based on the Pasuk in Bechukosai "ve'Chol Erk'cha Yih'yeh be'Shekel ha'Kodesh", that our Mishnah states 'ha'Kol Ma'arichin', according to ben Buchri?

(d)Abaye refutes Rabah's explanation however, because the Pasuk is needed for a Limud that has nothing whatsoever to do with Machtzis ha'Shekel. What do we in fact, learn from the Pasuk ("ve'Chol Erk'cha Yih'yeh be'Shekel ha'Kodesh")?

3)

(a)Ben Buchri's source is the Pasuk in Ki Sisa "Kol ha'Over al ha'Pekudim", which he interprets as - whoever was counted (in the desert), which precludes the tribe of Levi.

(b)Rebbi Akiva, who holds that on the contrary, any Kohen who does not give the half-Shekel has sinned, interprets "Kol ha'Over al ha'Pekudim" to mean - whoever crossed over the Yam-Suf, which includes the tribe of Levi.

(c)According to what we just learned, Rabah now suggests that, based on the Pasuk in Bechukosai "ve'Chol Erk'cha Yih'yeh be'Shekel ha'Kodesh", our Mishnah states 'ha'Kol Ma'arichin', according to ben Buchri - who would otherwise interpret the Torah's comparison to mean that whoever is Patur from Machtzis ha'Shekel is also Patur from Erchin.

(d)Abaye refutes Rabah's explanation however, because that Pasuk is needed to teach us that - the minimum Erech (with regard to the Kohen's assessment of a person who cannot afford the full Erech) is one Sela (which, in Torah measurements, is equivalent to a Shekel).

4)

(a)How does Abaye therefore attempt to learn ben Buchri's Din from the Pasuk in Korach "u'Feduyav mi'ben Chodesh Tifdeh be'Erkecha"?

(b)From where do we learn that the tribe of Levi is Patur from Pidyon ha'Ben?

(c)Rava however, refutes Abaye's explanation from a Pasuk in Vayikra. How would ben Buchri have to Darshen the Pasuk "ve'es Ashamo Yavi la'Hashem Eil Tamim min ha'Tzon be'Erk'cha"? Whom would he be forced to preclude from bringing an Eil Asham?

(d)Rava (or Rav Ashi) finally learns ben Buchri's potential ruling from the Pasuk in Bechukosai "ve'He'emido Lifnei ha'Kohen". How would he learn it from there?

(e)What is in fact, the Halachah, according to ben Buchri?

4)

(a)Abaye therefore tries to learn Ben Buchri's Din from the Pasuk in Korach "u'Feduyav mi'ben Chodesh Tifdeh be'Erk'cha", which would teach us that - whoever is not subject to the Din of Pidyon ha'Ben (the tribe of Levi) is not subject to Erchin either.

(b)We learn that the tribe of Levi is Patur from Pidyon ha'Ben - from the fact that in the desert, they exempted a Yisrael's firstborn from the need to be redeemed (so it goes without saying that they themselves did not require redemption).

(c)Rava however, refutes Abaye's explanation from the Pasuk in Vayikra "ve'es Ashamo Yavi la'Hashem Eil Tamim min ha'Tzon be'Erk'cha", which ben Buchri would then have to Darshen - to preclude a Tumtum and Androginus from Eil ha'Asham. This would be illogical however, since they are no less Jews than any man or woman).

(d)Rava (or Rav Ashi) finally learns Ben Buchri's potential ruling from the Pasuk in Bechukosai "ve'He'emido Lifnei ha'Kohen", which Ben Buchri would Darshen - "ve'He'emido Lifnei ha'Kohen", 've'Lo ha'Kohen Lifnei ha'Kohen' ...

(e)... if not for our Mishnah ('ha'Kol Ma'arichin'), which teaches us that a Kohen is not Patur.

4b----------------------------------------4b

5)

(a)'ha'Kol Ne'erachin' (in our Mishnah) comes to include a Menuval u'Mukeh Sh'chin (a particularly ugly person and a leper). What do we learn ...

1. ... (initially) from the Pasuk in Bechukosai "Nadar be'Erkecha"?

2. ... from the Pasuk there "Nefashos" (to counter it)?

(b)What do we learn from

1. ... the word "ha'Zachar" (in the Pasuk there "Ve'hayah Erk'cha ha'Zachar")?

2. ... "ve'Im Nekeivah hi"?

(c)Based on these D'rashos, what would we be inclined to learn from "Neder be'Erkecha"?

(d)What does "Vehayah Erk'cha" therefore teach us?

5)

(a)'ha'Kol Ne'erachin' (in our Mishnah) comes to include a Menuval u'Mukeh Sh'chin (a particularly ugly person and a leper). We learn ...

1. ... (initially) from the Pasuk in Bechukosai "Nadar be'Erkecha" that - whoever is not included in Neder, such as a Menuval or a Mukeh Sh'chin (who have no intrinsic value), is not included in Erchin either.

2. ... from the Pasuk there "Nefashos" that - a Menuval and a Mukeh Sh'chin are in fact, included in the Din of Erchin.

(b)We learn from ...

1. ... the word "ha'Zachar" (in the Pasuk there "Ve'hayah Erk'cha ha'Zachar") that - a Tumtum and Androginus are not subject to the Erech of a male.

2. ... "ve'Im Nekeivah Hi" that - they are not subject to the Erech of a female either.

(c)Based on these D'rashos, we would be inclined to learn from "Neder be'Erkecha" that - they are not subject to Damim either.

(d)"Vehayah Erk'cha" therefore teaches us that - they are.

6)

(a)The Beraisa also learns from the word "be'Erk'cha", 'Lerabos Erech S'tam'. What is meant by 'Erech S'tam'?

(b)How much does another Beraisa obligate someone who undertakes to give Erech S'tam, to pay Hekdesh?

(c)On what grounds do we make him pay three Shekalim and not ...

1. ... fifty (the biggest Erech)?

2. ... one (as we learned from "ve'Chol Erk'cha Yih'yeh be'Shekel ha'Kodesh")?

6)

(a)The Beraisa also learns from the word "be'Erk'cha", 'Lerabos Erech S'tam' - even if someone declared 'Harei alai Erech' (without specifying anybody in particular), he is nevertheless Chayav.

(b)Another Beraisa obligates someone who undertakes to give Erech S'tam to pay Hekdesh - the smallest Erech of three Shekalim.

(c)We make him pay three Shekalim and not ...

1. ... fifty (the biggest Erech) - because of the principle Tafasto Merubah Lo Tafasta ... (whenever one is confronted with two possible amounts, one always takes the lesser one, which after all, is incorporated in the larger one).

2. ... one (as we learned from "ve'Chol Erk'cha Yih'yeh be'Shekel ha'Kodesh") - because that applies exclusively to the Din of Heseg Yad (someone who cannot afford the minimum Erech of three Shekalim).

7)

(a)Seeing as S'tam Erech is three Shekalim, what do we learn from "be'Erk'cha", according to Rav Nachman Amar Rabah bar Avuhah?

(b)Why is that?

(c)Why is 'Erko shel P'loni' or 'Erki ... alai' different?

(d)What does Rav Nachman say in the second Lashon?

7)

(a)Rav Nachman Amar Rabah bar Avuhah says that, seeing as S'tam Erech is three Shekalim, we learn from "be'Erk'cha" that - there is no Din of Heseg Yad by S'tam Erchin ...

(b)... because when a person is Noder S'tam, it is as if he had declared the least of the Erchin (precluding anything less than one Shekel).

(c)Erko shel P'loni or Erki ... alai is different - because, seeing as not everyone knows the age of the Ne'erach, there is no indication as to which Erech the Noder was referring to (leaving an opening for Heseg Yad).

(d)In the second Lashon, Rav Nachman Amar Rabah bar Avuhah says - 'Nidon be'Heseg Yad', because in this opinion, S'tam is not considered as if he had specified the least of the Erchin.

8)

(a)What else does the Beraisa learn from ...

1. ... "be'Erk'cha"?

2. ... "Nefashos"?

(b)How do we resolve the problem that ...

1. ... we just used "be'Erk'cha" for the previous D'rashah (regarding Erech S'tam)?

2. ... we then go on to use the same word "Nefashos" to preclude Meisim from the Din of Erchin?

(c)And what do we go on to learn from "Vehe'emid Vehe'erich"? What does this come to preclude?

(d)Why can we not then also preclude a Meis from the same Pasuk?

8)

(a)The Beraisa also learns from ...

1. ... "be'Erk'cha" that - one only gives the Erech of the entire person, but not of any of his limbs.

2. ... "Nefashos" that - if the Noder specified a limb on which the Nidar's life depends, then his Neder extends to the entire person.

(b)We resolve the problem that ...

1. ... we just used "be'Erk'cha" for the previous D'rashah (regarding Erech S'tam) - by learning the first Limud from "be'Erech", and the second from the suffix ("be'Erk'ch*a*").

2. ... we then go on to use the same word "Nefashos" to preclude Meisim from the Din of Erchin - by likewise learning the first Limud from "Nefesh" and the second from the extra 'Vav' 'Tav'.

(c)And "Vehe'emid Vehe'erich" - comes to preclude a Goseis (someone who is dying) too, from the Din of Erchin.

(d)And we conclude that - we do in fact, preclude a Meis from being Ne'erach.

9)

(a)What do we therefore (initially) learn from "Nefashos"?

(b)What else, besides a woman who declares the Erech of a man or of a woman, does the Tana learn from "Nefashos"?

(c)Having made the first two D'rashos from "Nefashos", how can the Tana add the third one?

(d)Finally, the Beraisa learns from "Vehayah Erk'cha", 'Lerabos Tumtum ve'Androginus le'Damim'. But the Pasuk is talking about Erchin, not Damim?

9)

(a)We therefore (initially) learn from "Nefashos" that - even if someone undertakes to give the Erech of many people with one Neder, he is obligated to do so.

(b)Besides a woman who declares the Erech of a man or a woman, the Tana also learns from "Nefashos" that - a Menuval and a Mukeh Sh'chin are included in the Din of Erchin, too (as we learned earlier).

(c)Having made the first two D'rashos from "Nefashos", the Tana adds the third D'rashah - because the first two are not necessary, since they are included in the initial "Nefesh" (and do not therefore require an independent D'rashah).

(d)Finally, the Beraisa learns from "Ve'hayah Erk'cha", 'Lerabos Tumtum ve'Anroginus le'Damim' - 'Im Eino Inyan le' (if it is not needed with regard to) Erchin', 'Teneihu Inyan le' (then transfer it to) Damim'.

10)

(a)We just learned that "Vehayah Erk'cha" comes to include Tumtum and Androginus in Kedushas Damim. What problem do we have with that?

(b)Rabah answers that we need the Pasuk to teach us 'Nidon bi'Chevodo' with regard to Tumtum and Androginus. What does that mean?

(c)Based on the Pasuk "Neder be'Erkecha", why might we have thought otherwise?

10)

(a)We just learned from "Vehayah Erk'cha" to include Tumtum and Androginus in Kedushas Damim. The problem with that is - why we need to include a Tumtum and Androginus in Damim any more than we need to include a date-palm.

(b)Rabah answers that we need the Pasuk to teach us Nidon bi'Chevodo - anyone who undertakes to pay the value of the head or of any limb on which the Tumtum or Androginus' life depends), is obligated to pay his full value.

(c)Based on the Pasuk "Neder be'Erkecha", we might have otherwise thought that - since he is not subject to Erchin, he is not subject to Nidon bi'Chevodo either.

11)

(a)We query the current ruling however, from a Beraisa. What does the Tana say about someone who declares 'Rosh Eved Zeh Hekdesh'?

(b)And what does the Tana then mean when he says 'Rosh Eved Machur lach, Meshamnin Beinehem'?

(c)Why does the Tana differentiate between the two Leshonos (see Shitah Mekubetzes)?

(d)The Tana says the same about 'Rosh Chamor Zeh Hekdesh', and 'Rosh Chamor Machur lach', respectively. What does he say with regard to 'Rosh Parah Zeh Hekdesh' and 'Rosh Parah Machur lach'?

(e)How does Rav Papa explain the difference?

11)

(a)We query this however, from a Beraisa, which states that someone who declares 'Rosh Eved Zeh Hekdesh - Hu ve'Hekdesh Shutfin bo'.

(b)When the Tana then says 'Rosh Eved Machur lach, Meshamnin beinehem' - he means likewise, that Hekdesh and the owner share the Eved.

(c)The Tana differentiates between the two Leshonos - because 'Meshamnin beinehem' means that the Eved actually work intermittently for the owner and the purchaser, which is not possible by an Eved or an animal of Hekdesh, which a Hedyot is not permitted to use, in which case they must either sell it or one of them must buy the other out (as implied by the Lashon Shutfin bo).

(d)The Tana says the same about Rosh Chamor Zeh Hekdesh, and Rosh Chamor Machur lach, respectively. But with regard to Rosh Parah Zeh Hekdesh and Rosh Parah Machur lach, he rules - Ein le'Hekdesh Ela Roshah.

(e)Rav Papa ascribes this to the fact that - they tended to sell the head of an ox on its own in the butchery (but not the head of a donkey).

12)

(a)How does Abaye now query Rabah from Chamor and Parah?

(b)How do we counter Abaye's Kashya?

(c)How do we therefore, establish the Beraisa, to explain why Nidon bi'Chevodo does not apply in the latter Beraisa (like it does by Erchin)?

12)

(a)Abaye now queries Rabah from Chamor and Parah - which are not Nidon bi'Chevodo, apparently because they are not subject to Erchin.

(b)And we counter Abaye's Kashya - from Eved, which is subject to Erchin, yet it is not Nidon bi'Chevodo' (so we must find another reason for the fact that they are all not Nidon bi'Chevedo).

(c)We therefore establish the Beraisa - by Kodshei Mizbe'ach, whilst Nidon bi'Chevodo is confined to Kodshei Bedek ha'Bayis (such as Erchin).

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