HORAYOS 5 (20 NISAN) - dedicated in memory of Rabbi Kornfeld's great-aunt, Malka Gitel bas Reb Yakov Mordechai (Malvina Marmorstein), who took her nephew, David Kornfeld, into her home and raised him like her own child after the Holocaust.

1)

HOW MANY PARIM ARE BROUGHT?

(a)

(Mishnah - R. Meir): If Beis Din ruled mistakenly and the majority of Yisrael sinned, Beis Din brings a Par. If they transgressed idolatry, they bring a Par and a Sa'ir;

1.

R. Yehudah says, they bring 12 Parim. For idolatry, they bring 12 Parim and 12 Se'irim;

2.

R. Shimon says, they bring 13 Parim, and for idolatry, 13 Parim and 13 Se'irim, one for each Shevet, and one for Beis Din.

(b)

R. Meir says, if Beis Din ruled and (the majority of each of) seven Shevatim sinned, Beis Din brings a Par. For idolatry, they bring a Par and a Sa'ir;

1.

R. Yehudah says, each Shevet that sinned brings a Par by itself. Also, every other Shevet brings a Par due to the Shevatim that sinned;

2.

R. Shimon says, eight Parim are brought (each Shevet that sinned brings one, and one for Beis Din); for idolatry, eight Parim and eight Se'irim are brought.

(c)

R. Yehudah says, if the Sanhedrin of a Shevet ruled and that Shevet sinned, that Shevet brings a Par. The other Shevatim are exempt;

1.

Chachamim say, Parim are brought only for rulings of the great Sanhedrin - "Im Kol Adas Yisrael Yishgu", and not the Sanhedrin of one Shevet.

(d)

(Gemara - Beraisa) Suggestion: If Beis Din knows that they erred (and that most of Yisrael transgressed two sins, one due to Beis Din, and one b'Shogeg), but they do not remember which of the two was due to the Hora'ah, perhaps they are liable!

(e)

Rejection: "And the sin became known" (they must know what they permitted). It is not enough to know that the majority sinned.

(f)

R. Yehudah says "that they sinned" - if two Shevatim sinned, they bring two Parim. If three Shevatim sinned, they bring three Parim.

1.

Suggestion: Perhaps this teaches that if two or three individuals sinned, they bring two or three Parim!

2.

Rejection: "Ha'Kahal" - the Kahal (all of Yisrael) is liable, and each Kahal (Shevet) is liable.

i.

If two Shevatim sinned, they bring two Parim. If seven Shevatim sinned, each brings a Par, and every other Shevet also brings a Par;

ii.

"Ha'Kahal... ha'Kahal" teaches that each Shevet brings.

(g)

R. Shimon says, the seven Shevatim that sinned bring seven Parim, and Beis Din brings one Par.

1.

We learn a Gezerah Shavah "Edah-Edah" from the sin. Just like the sin involved Beis Din and the Tzibur, also the Korbanos.

(h)

R. Meir says, Beis Din brings one Par for the seven Shevatim that sinned, and the Shevatim are exempt.

1.

We learn a Gezerah Shavah "Edah-Edah" from the Hora'ah. Just like the Hora'ah was through Beis Din alone, also the Korban.

(i)

R. Shimon ben Elazar cites R. Meir to say that if six Shevatim sinned comprising the majority of Yisrael, or seven Shevatim even if this is the minority, Beis Din brings a Par.

(j)

Question: The Beraisa says '"and the sin became known", and not just that they know that the majority sinned.' Like whom is this?

(k)

Answer #1 (Rav Yehudah): It is unlike R. Eliezer;

1.

(Mishnah - R. Eliezer): If one is unsure whether he ate Chelev or Nosar (a Korban after the permitted time to eat it,) no matter which he ate, he must bring a Chatas!

(l)

Answer #2 (Rav Ashi): It can even be like R. Eliezer. It says (regarding Hora'ah) "that they sinned in it" (Beis Din must know the mistake).

1.

Question: Also regarding a Chatas, it says "that he sinned in it"!

2.

Answer: That exempts Mis'asek (one who was engaged in something else, and sinned. He is exempt if he did not benefit.)

(m)

Question: What is R. Yehudah's reason (to obligate even the Shevatim that did not sin)?

(n)

Answer: He expounds the following four laws from "ha'Kahal... ha'Kahal" (the two words, and the two letters 'Hei'):

1.

Each Shevet is liable;

2.

(Parim are brought only when) Beis Din give a Hora'ah, and the people transgressed;

3.

Shevatim that didn't sin bring due to those that sinned;

4.

A Shevet that sinned due to following its Beis Din is liable.

(o)

R. Shimon does not expound one of the letters 'Hei' (the Torah merely speaks as people do). He expounds two words and one 'Hei';

1.

One teaches that each Shevet is liable. The other two are used for the Gezerah Shavah (just like both Beis Din and the Tzibur were involved in the sin, they both bring Korbanos).

(p)

R. Meir does not expound either 'Hei'. He learns only a Gezerah Shavah. Just like the Hora'ah was through Beis Din alone, also the Korban.

(q)

Question: What is R. Shimon ben Elazar's reason?

(r)

Answer: "Im me'Einei ha'Edah" implies, even from the minority;

1.

Contradiction: "All the nation forgot" implies the majority!

2.

Resolution: If six Shevatim sin, if they are the majority of Yisrael, Beis Din brings a Par. If seven Shevatim sin, even if they are the minority, a Par is brought.

5b----------------------------------------5b

2)

HOW THE OTHER TANA'IM LEARN

(a)

Question: How do R. Shimon and R. Meir learn that (Parim are brought only when) the Hora'ah comes from Beis Din, and the people transgress?

(b)

Answer #1 (Abaye): They learn from "Im me'Einei ha'Edah Ne'es'sah li'Shgagah."

(c)

Answer #2 (Rava): They learn from "the whole nation bi'Shgagah."

(d)

We need both verses.

1.

If we only had the first verse, one might have thought that a Par is brought even if the minority sinned;

2.

If we only had the second verse, one might have thought that a Par is brought only if Beis Din also sinned.

(e)

Question: These verses are written regarding idolatry!

(f)

Answer: We learn a Gezerah Shavah "me'Einei-me'Einei" from idolatry to other transgressions.

3)

HORA'AH OF THE BEIS DIN OF A SHEVET

(a)

(Mishnah): If the Beis Din of a Shevet ruled...

(b)

Question: According to R. Yehudah, if one Shevet sinned through following the great Sanhedrin, do the other Shevatim also bring Parim?

1.

Only when seven Shevatim sin, then the others bring, for the majority sinned;

2.

Or, perhaps the others bring in any case!

(c)

Answer #1 (Beraisa): They bring one Par;

1.

R. Shimon says, they bring two Parim.

2.

Question: What is the case?

i.

If seven Shevatim sinned, R. Shimon says that eight Parim are brought!

3.

Answer: Rather, one Shevet sinned.

4.

Question: How did it sin?

i.

Suggestion: If followed a Hora'ah of its own Beis Din.

ii.

Rejection: R. Shimon says that Parim are not brought for this!

5.

Answer: Rather, it followed the great Sanhedrin.

6.

Question: Who is the first Tana?

i.

It is not R. Meir. He exempts unless the majority of Yisrael sins!

7.

Answer: Rather, it is R. Yehudah.

(d)

Rejection: No. The case is, six Shevatim sinned, comprising the majority of Yisrael. The first Tana is R. Shimon ben Elazar.

1.

(Beraisa - R. Shimon ben Elazar, citing R. Meir): If six Shevatim sinned comprising the majority of Yisrael, or seven Shevatim even if this is the minority, Beis Din brings a Par.

(e)

Answer #2 (Beraisa - R. Yehudah): If a Shevet sinned by following a Hora'ah of its own Beis Din, only that Shevet brings. If it sinned by following the great Sanhedrin, the other Shevatim also bring.

(f)

(Rav Ashi): We may also derive this from our Mishnah!

1.

(Mishnah): If a Shevet sinned by following its Beis Din, that Shevet brings, and the other Shevatim are exempt.

2.

Question: 'That Shevet brings' already teaches that the other Shevatim are exempt!

3.

Answer: The extra words teach that the other Shevatim are exempt only when the Hora'ah was from Beis Din of a Shevet. For a Hora'ah of the great Sanhedrin, they bring.

4)

WHEN ONE SHEVET SINS

(a)

Question: According to R. Shimon, if one Shevet sinned by following the Great Sanhedrin, what is the law?

(b)

Answer #1 (Beraisa): They bring one Par;

1.

R. Shimon says, two Parim.

2.

Question: What is the case?

i.

Suggestion: If seven Shevatim sinned, R. Shimon says that eight Parim are brought!

3.

Answer: Rather, one Shevet sinned.

4.

Question: How did it sin?

i.

Suggestion: It followed a Hora'ah of its own Beis Din.

ii.

R. Shimon says that Parim are not brought for this!

5.

Answer: Rather, it followed the great Sanhedrin.

6.

Objection: This cannot be. The first Tana is unlike any Tana we know!

i.

It is not R. Meir. He obligates a Par only when the majority sins!

ii.

It is not R. Yehudah. He says that all the Shevatim bring!

7.

Answer: It is R. Shimon ben Elazar, like the above Beraisa.

(c)

Answer #2 (Mishnah - Chachamim): Parim are brought only for rulings of the great Sanhedrin.

1.

Question: Like which Tana do Chachamim hold?

i.

They do not hold like R. Meir. He obligates only when the majority sins!

2.

Answer: Rather, they hold like R. Shimon.

(d)

Question: How do R. Yehudah and R. Shimon learn that one Shevet is considered a Kahal?

(e)

Answer #1: It says "... in the Kahal of Yehudah and Yerushalayim... the new Chatzer."

1.

Question: Why is it called new?

2.

Answer (R. Yochanan): They made a new decree, that a Tvul Yom (one who immersed from Tum'ah today. He is not fully Tahor until evening) may not enter Machaneh Levi.

(f)

Objection (Rav Acha bar Yakov): Perhaps one Shevet alone is not called a Kahal. Part of Yerushalayim belongs to Shevet Binyamin!

(g)

Answer #2 (Rav Acha bar Yakov): "(Hash-m told Yakov)... I will make you a Kahal of nations."

1.

Binyamin was the only Shevet born after this. This shows that one Shevet is called a Kahal!

(h)

Question (Rav Sheva): Perhaps (the family of) Yakov will first become a Kahal when Binyamin is born!

(i)

Answer (Rav Kahana): If so, even 11 Shevatim would not be considered a Kahal! (However, "the Kahal of Yehudah" teaches that even two Shevatim are called a Kahal.)

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