1)

(a)Which prominent 'sage' sat on the Beis-Din of Rebbi when they introduced the waiting period of one year into the Din of Sikrikun?

(b)What do we learn from the Pasuk in Mishpatim "ve'Lo Sa'aneh al Riv" (which is written without a 'Yud')?

(c)So how does Rabah Brei de'Rava (or Rebbi Hillel Brei de'Rav Valas) reconcile this with the fact that Rav was the first to be asked his opinion in the matter (and not Rebbi) even though it was not a matter of life and death?

1)

(a)The prominent 'sage' who sat on the Beis-Din of Rebbi when they introduced the waiting period of one year into the Din of Sikrikun was Rav (who was either an average member of the Beis-Din or the most junior).

(b)We learn from the Pasuk in Mishpatim "v'Lo Sa'aneh Al Riv" (which is written without a 'Yud') that, when it comes to matters concerning life and death, one asks the most senior Dayan for his opinion last (because were he to offer his opinion first, the other Dayanim would be forced to follow his opinion), but not when it comes to money-matters or matters of Tum'ah and Taharah.

(c)Rabah Brei d'Rava (or Rebbi Hillel Brei d'Rav Valas) reconciles this with the fact that Rav was the first to be asked his opinion on the matter, and not Rebbi (even though it was not a matter of life and death) by pointing out that this was Rebbi's Beis-Din, and Rebbi establishes the Pasuk "v'Lo Sa'aneh Al Riv" by all issues (even those that did not concern life and death).

2)

(a)What did not exist according to Rabah Brei de'Rava (or Rebbi Hillel Brei de'Rav Valas) between the days of Moshe and Rebbi?

(b)Why did Torah and greatness not exist in the same person in Yehoshua, Elazar, Pinchas, the Zekeinim and Shaul, respectively?

(c)Why do we not reckon ...

1. ... David?

2. ... Shlomoh?

3. ... Chizkiyah?

4. ... Ezra?

5. ... Shaul after the death of Shmuel, David after the death of Iyra ha'Yairi, Shlomoh after the death of Shim'i ben Geira and Chizkiyah after the death of Shevna?

(d)In which regard ...

1. ... was Shaul weak, in spite of his greatness in Torah?

2. ... was Shevna greater than Chizkiyah?

(e)Who killed ...

1. ... Shim'i ben Geira?

2. ... Shevna?

2)

(a)According to Rabah Brei d'Rava (or Rebbi Hillel Brei d'Rav Valas) between the days of Moshe and Rebbi, according to Rabah Brei d'Rava (or Rebbi Hillel Brei d'Rav Valas) there did not exist 'Torah and Gedulah' in the same person.

(b)They did not exist in the same person in Yehoshua, Elazar, Pinchas, the Zekeinim and Shaul because, in Yehoshua's time, there was Elazar, in Elazar's time, Pinchas, in Pinchas' time, the Z'keinim, in the Z'keinim's time, Shaul and in Shaul's time, Shmuel.

(c)We do not reckon ...

1. ... David because of Iyra ha'Ya'iri

2. ... Shlomo because of Shim'i ben Geira.

3. ... Chizkiyah because of Shevna.

4. ... Ezra because of Nechemyah.

5. ... Shaul after the death of Shmuel, David after the death of Iyra ha'Yairi, Shlomo after the death of Shim'i ben Geira and Chizkiyah after the death of Shevna (whom Sancheriv killed) because we only reckon those whose Torah and greatness were unique throughout their lives.

(d)

1. In spite of Shaul's greatness in Torah he failed to teach others Torah.

2. Shevna was greater than Chizkiyah inasmuch as the latter would Darshen to a hundred and ten thousand Talmidim, whilst he Darshened to a hundred and thirty thousand.

(e)

1. Shim'i ben Geira was killed by Shlomo ha'Melech, and ...

2. Shevna by Sancheriv.

3)

(a)Rav Acha Brei de'Rava says the same about the period between Rebbi and Rav Ashi as Rabah b'rei de'Rava ... said about the period between Moshe and Rebbi. Who else possessed Torah and greatness in the days of Rav Ashi?

(b)Then why did Rabah Brei de'Rava ascribe Torah and greatness to Rav Ashi?

3)

(a)Rav Acha Brei d'Rava says the same about the period between Rebbi and Rav Ashi as Rabah Brei d'Rava ... said about the period between Moshe and Rebbi, even though Huna bar Nasan had Torah and greatness too.

(b)Rabah Brei d'Rava nevertheless ascribed Torah and greatness to Rav Ashi (and not to Huna b'rei d'Rav Nasan) because Huna himself subordinated himself to Rav Ashi.

4)

(a)What does the Tana Kama of our Mishnah mean when he says 'Cheresh ...

1. ... Romez'?

2. ... ve'Nirmaz'?

(b)What does ben Beseira say?

(c)The Tana concludes 'ha'Pe'utos Mikchan Mekach u'Memkaran Memkar ... '. To what kind of sale is this confined?

4)

(a)When the Tana Kama of our Mishnah says 'Cheresh ...

1. ... Romez' he means that whenever he hints something with his fingers, it is valid.

2. ... v'Nirmaz' that whenever we hint to him and he nods his head in approval, it is also valid.

(b)ben Beseira rules that even if he only moves his lips or responds to us when we move ours, we accept it too.

(c)The Tana concludes 'ha'Pe'utos Mikchan Mekach u'Memkaran Memkar ... ' with regard to Metaltelin exclusively.

5)

(a)Rav Nachman restricts ben Beseira's leniency to Metaltelin, but not to Gitin. Seeing as ben Beseira specifically said 'bi'Metaltelin', why does Rav Nachman find it necessary to tell us that? Why would we have thought that Gitin are more lenient than Metaltelin?

(b)Why are Chazal more lenient in this regard regarding Metaltelin than by Karka?

(c)How does the second Lashon quote Rav Nachman?

5)

(a)Rav Nachman restricts ben Beseira's leniency to Metaltelin, but not to Gitin. Despite the fact that ben Beseira specifically said 'bi'Metaltelin', Rav Nachman nevertheless finds it necessary to tell us that because we would otherwise have thought that when he said 'bi'Metaltelin', he meant even bi'Metaltelin, and certainly by Gitin seeing as he married by way of hint, whereas the Metaltelin came into his possession by way of inheritance.

(b)Chazal are more lenient regarding Metaltelin than by Karka because the Pe'utos need the interaction to live on, as we explained above.

(c)The second Lashon quotes Rav Nachman as saying that just as they argue by Metaltelin, so too, do they argue by Gitin.

6)

(a)There are three interpretations of the age of 'Pe'utos': six or seven (Rav Yehudah); seven or eight (Rav Kahana). What does the Tana of a Beraisa say?

(b)How do we reconcile the three opinions?

(c)Why did Chazal legalize the transactions of Pe'utos by Metaltelin?

(d)Then why did ben Beseira say 'bi'Metaltelin'?

6)

(a)There are three interpretations of the age of 'Pe'utos': six or seven (Rav Yehudah); seven or eight (Rav Kahana); whereas according to the Tana of a Beraisa it is nine or ten.

(b)In fact, we explain the three opinions do not argue; it depends on how smart the child is.

(c)The reason that Chazal legalized the transactions of Pe'utos by Metaltelin, says Rebbi Aba bar Yakov Amar Rebbi Yochanan, is to enable them to live (because if their sales would be invalid, nobody could sell them food).

(d)When ben Beseira says 'bi'Metaltelin' he means 'Af bi'Metaltelin'.

7)

(a)Yehu, King of Yisrael ordered the man in charge of the Meltachah to take out clothes from there for the servants of Ba'al. How does Rebbi Aba bar Ya'akov Amar Rebbi Yochanan translate "Meltachah"? What is "Meltachah" the acronym of?

(b)Bunayim ben Nunayim sent Rebbi 'Sivni, Chumas, Sals'lah and Malmela'. Who was Bunayim ben Nunayim?

(c)What are 'Sivni, Chumas, Salselah and Malmela'? What do they have in common?

(d)How much leeway do Pe'utos have before their erroneous transactions ...

1. ... become Bateil?

2. ... remain valid but the excess must be returned?

7)

(a)Yehu, King of Yisrael ordered the man in charge of the Meltachah to take out clothes from there for the servants of Ba'al. Rebbi Aba bar Yakov Amar Rebbi Yochanan translates "Meltachah" as a store-house for linen clothes (since Meltachah is the acronym of 'Davar ha'Nimlal v'Nimtach (something that stretches when it is rolled in one's hand).

(b)Bunayim ben Nunayim (a wealthy Jew [though, according to others, he was Rebbi Meir's Talmid, ben Nannes]) sent Rebbi 'Sivni, Chumas, Sals'lah and Malmela'. Bunayim ben Nunayim.

(c)'Sivni, Chumas, Sals'lah and Malmela' are four different kinds of fine quality linen garments.

(d)Before their erroneous transactions ...

1. ... become Batel Pe'utos have leeway up to and including a sixth of the market price.

2. ... remain valid but the excess must be returned up to but excluding a sixth (all this just like anybody else).

8)

(a)According to Rav Yeimar, even though the sale of a Pa'ut is valid, his Matanah is not. What does Mar bar Rav Ashi say?

(b)Rav Yeimar's reason is because doing someone a pure favor is not considered a necessity (he does not need it to live). How does Mar bar Rav Ashi counter that?

(c)What did Rav Mordechai remark when they told him details of the Machlokes, but inadvertently switched the opinions?

(d)In which four cases did he quote Rav Ashi? How was Rav Ashi standing when he issued this ruling?

8)

(a)According to Rav Yeimar, even though the sale of a Pa's is valid, his Matanah is not; according to Mar bar Rav Ashi there is no difference. Both are valid.

(b)Rav Yeimar's reason is because doing someone a pure favor is not considered a necessity (he does not need it to live). Mar bar Rav Ashi counters that if someone gives a gift, it is usually in return for a favor that the recipient of the gift did him (so that giving gifts becomes part of the necessary interaction between people to live).

(c)When they told Rav Mordechai details of the Machlokes, but inadvertently switched the opinions he remarked that they should inform Mar bar Rav Ashi that his father (Rav Ashi, his own Rebbi) disagreed with him.

(d)He quoted Rav Ashi who was standing with one foot on the ladder leading up to the attic, as saying that whether the Pa'ot is a Shechiv-Mera or healthy, whether it is a large gift or a small one, his Matanah is valid.

9)

(a)What reason does our Mishnah present for the Takanas Chachamam that a Kohen reads first in the Torah, then a Levi and then a Yisrael? What are the ramifications of saying that it is a Takanas Chachamim?

(b)'Me'arvin be'Bayis Yashan' falls into the same category. What does this mean?

(c)Still regarding the issue of 'Darkei Shalom', what did they institute with regard to ...

1. ... water-pits that are nearest the stream?

2. ... wild animal and animal traps and fishing nets?

(d)According to Rebbi Yossi, it is considered real theft mi'de'Rabanan (which will be explained in the Sugya). What is the Din Torah in this regard?

9)

(a)Our Mishnah attributes the Takanas Chachamim that a Kohen reads first in the Torah, then a Levi and then a Yisrael to of Darkei Shalom (meaning that the Kohen and the Levi cannot forego their honor, even if they want to.

(b)'Me'arvin b'Bayis Yashan' (the members of a Chatzer may not move the Eruv from the house where it is regularly placed to another house in the same Chatzer) falls into the same category.

(c)Still regarding the issue of Darkei Shalom, they instituted that ...

1. ... the water-pits that are nearest the stream have the first rights to fill their pits from the stream.

2. ... the catch that is caught in wild animal and animal traps and fishing nets is subject to theft.

(d)According to Rebbi Yosi, it is considered real theft mid'Rabanan (which will be explained in the Sugya). The Din Torah in this regard is that as long as the person has not made a Kinyan on the animals in his traps, they are not his (and anyone may take them).

10)

(a)The Tana of our Mishnah also cites the same Machlokes between the Tana Kama and Rebbi Yossi regarding the findings of a 'Chashu'. In which third regard does he quote the same Machlokes?

(b)What is our Mishnah's final statement (about a poor Nochri collecting Leket, Shikchah and Pe'ah)?

10)

(a)The Tana of our Mishnah also cites the same Machlokes between the Tana Kama and Rebbi Yosi regarding the findings of a 'Chashu'. The third regard in which he quotes the same Machlokes is that of a poor man who is cutting olives from an olive-tree.

(b)Our Mishnah's final statement is that one may not prevent a poor Nochri from collecting Leket, Shichechah and Pe'ah.

59b----------------------------------------59b

11)

(a)What does Rav Masna learn from the Pasuk in Vayeilech "Vayichtov Moshe es ha'Torah ha'Zos Vayitnah el ha'Kohanim b'nei Levi" (seeing as we know already that Kohanim are from the tribe of Levi)?

(b)Amora'im learn this from various Pesukim. The final D'rashah is that of Rebbi Chiya bar Aba from the Pasuk in Emor "ve'Kidashto". What does Tana de'bei Rebbi in Yishmael mean when he learns from this Pasuk ...

1. ... Lifto'ach Rishon?

2. ... u'Levarech Rishon?

(c)What third thing does he add to the list?

(d)What objection did Abaye raise when Rav Yosef, in an effort to resolve the Kashya how we can ascribe calling up a Kohen to the Torah first to 'Darkei Shalom', when it is derived from the Pasuk "ve'Kidashto", answers 'd'Oraysa, u'Mipnei Darkei Shalom'?

11)

(a)Bearing in mind that we everybody knows that Kohanim are from the tribe of Levi, Rav Masna learns from the Pasuk "Vayichtov Moshe Es ha'Torah ha'Zos Vayitnah El ha'Kohanim b'nei Levi" that a Kohen must be called up to he Torah first, and then a Levi.

(b)Amora'im learn this from various Pesukim. The final Derashah is that of Rebbi Chiya bar Aba from the Pasuk in Emor "v'Kidashto" from which Tana d'bei Rebbi Yishmael learns ...

1. ... Lifto'ach Rishon meaning all matters of prestige, such as being called up first and speaking first at meetings.

2. ... u'Levarech Rishon which means Birchas ha'Mazon.

(c)The third thing in his list is to receive a good portion (i.e. when dividing with a Yisrael something that they own jointly see also Tosfos DH 've'Litol').

(d)When Rav Yosef, in an effort to resolve the Kashya how we can ascribe calling up a Kohen to the Torah first to 'Darkei Shalom', when it is derived from the Pasuk "v'Kidashto", answered 'd'Oraisa, u'Mipnei Darchei Shalom' Abaye objected on the grounds that the Pasuk in Mishlei describe the whole Torah as "Derachehah Darchei No'am, v'Chol Nesivosehah Shalom", so why should the Tana describe this particular Halachah in this way more than any other?

12)

(a)So Abaye interprets the priority of calling up a Kohen first to Mar's explanation of a Beraisa. Who is 'Mar'?

(b)Regarding the laws of eating ethics, what distinction does the Tana draw between two and three people who are eating together?

(c)Who has the first right to serve himself from the communal dish?

(d)How does ...

1. ... the Tana qualify this latter Halachah?

2. ... Abaye use this Beraisa to explain the 'Darchei Shalom' in our Mishnah?

12)

(a)So Abaye interprets the priority of calling up a Kohen first to Mar's explanation of a Beraisa. When Abaye speaks of Mar, he means Rabah bar Nachmani.

(b)If two people are eating together from the same dish, and one of them has to stop eating for some reason or another, the other one is obligated to stop eating until his friend has finished whatever he has to do. But if there are three, the other two are not obligated to wait for the third.

(c)The person who recites the Berachah (the owner of the meal) has the first right to help himself from the serving dish.

(d)

1. The Tana qualifies this latter Halachah permitting the Mevarech to hand over this right to his Rebbi or to someone else.

2. Abaye uses this to explain the 'Darchei Shalom' in our Mishnah which forbids the Kohen or the Levi to do likewise and to hand over his right to be called up first in Shul to someone else.

13)

(a)Having concluded that a Kohen and a Levi are not permitted to give away their right even to someone greater than themselves, Rav Masna differentiates between Shabbasos and Yamim-Tovim on the one hand, and weekdays on the other. What is the reason for this?

(b)How do we explain Rav Huna, who would be called up to the Torah first even on Shabbos and Yom-Tov, even though he was not a Kohen?

(c)What did Abaye mean when he said that if there is no ...

1. ... Kohen present, 'Nispardah ha'Chavilah'?

2. ... Levi, then a Kohen is called up in his place? How does he reconcile his statement with Rebbi Yochanan, who said that one may not call up two Kohanim one after another?

(d)What is Rebbi Yochanan's reason for saying that?

13)

(a)Having concluded that a Kohen and a Levi are not permitted to give away their right even to someone greater than themselves, Rav Masna differentiates between Shabbasos and Yamim-Tovim on the one hand where there are many people in Shul (and the likelihood of Machlokes is greater), and weekdays on the other where there are not.

(b)Rav Huna would be called up to the Torah first even on Shabbos and Yom Tov, even though he was not a Kohen because he was the Gadol ha'Dor (even Rebbi Ami and Rebbi Asi, those distinguished Kohanim from Eretz Yisrael, were subordinate to him.

(c)When Abaye said that if there is no ...

1. ... Kohen present, 'Nispardah ha'Chavilah', he meant that the order no longer prevails, and that the Levi is not called up at all (or that it is not necessary to call him up before calling up a Yisrael).

2. ... Levi, then a Kohen is called up in his place, he meant that the same Kohen who was called up first, is called up again for Levi. This does not clash with Rebbi Yochanan, who said that one may not call up two Kohanim one after another.

(d)Rebbi Yochanan's reason for saying that is so that people should not accuse the first Kohen of being Pasul, as we shall see shortly.

14)

(a)Why does Rebbi Yochanan forbid calling up one Levi after another?

(b)On what grounds do we initially reject the explanation that we are only concerned what people will say about the first Kohen, but not the second (like we are by two Levi'im) is because the Tana is speaking when the second Kohen's father is known to be a Kohen?

(c)We establish Rebbi Yochanan when both the father of the second Kohen and the father of the second Levi are known to be Kohen and Levi respectively. However, as far as the Levi is concerned, we are concerned people will suspect him of marrying a Mamzeres or a Nesinah, disqualifying his son from the Leviyah (which is why he was called up as a Yisrael) after a Levi. Why will the same concern (or that his father married a Gerushah or Chalutzah) not pertain to the second Kohen?

(d)Rebbi Yochanan is however, concerned that people will consider the first of the two Kohanim Pasul. Seeing as six people were called up after him (and not seven), how is it possible to suspect him of being Pasul?

14)

(a)Rebbi Yochanan forbids calling up one Levi after another because both of them stand to be suspected of being Pasul (due their father having married a woman who is a Mamzeres or a Nesinah).

(b)We initially reject the explanation that we are only concerned what people will say about the first Kohen, but not the second (like we are by two Leviyim) is because the Tana is speaking when the second Kohen's father is known to be a Kohen because by the same token, the second Levi should not come under suspicion either.

(c)We establish Rebbi Yochanan when both the father of the second Kohen and the father of the second Levi are known to be Kohen and Levi respectively. However, as far as the Levi is concerned, we are concerned people will suspect him of marrying a Mamzeres or a Nesinah, disqualifying his son from the Leviyah (which is why he was called up as a Yisrael) after a Levi. The same concern (or that his father married a Gerushah or Chalutzah) will not pertain to the second Kohen because if his father married a woman who is Pasul, then he would be Pasul from the Leviyah too (in which case he would not have been called up after a Kohen, either).

(d)Rebbi Yochanan is however, concerned that people will consider the first of the two Kohanim Pasul, in spite of the fact that six people were called up after him (and not seven) because of people who leave Shul before the end of Leining, who do not know how many people were called up after the first Kohen.

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