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YEVAMOS 82

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YEVAMOS 82 (3 Teves) - Today's Dafyomi material has been dedicated in memory of Hagaon Rav Yisroel Zev Gustman ZT"L (author of "Kuntresei Shiurim") and his wife, Rebbetzin Sarah Gustman (daughter of Hagaon Rav Meir Bassin, Dayan in Vilna) in honor of the Yahrzeit of the Rebbetzin. Sponsored by a number of Rav Gustman's Talmidim (Harav Avrohom Feldman, Dr. Yehoshua Daniel, Reb Yechiel Wachtel, Reb Michael Starr and Rav Mordecai Kornfeld).
 
12th CYCLE DEDICATIONS
 
YEVAMOS 82 (Tisha b'Av) - Dedicated by Rabbi Dr. Eli Turkel of Ra'anana, Israel, in memory of his father, Reb Yisrael Shimon ben Shlomo ha'Levi, whose Yahrzeit is on 10 Av.

SUMMARY

Rebbi Yehudah: Min b'Mino (a forbidden item that becomes mixed with its same type) is not Batel.
 
Liquid conveys Tum'ah only mid'Rabanan.
 
It is an Isur Lav to eat Kodshim that is Tamei.
 
It is an Isur Kares to eat Kodshim when one is in a state of Tum'ah.
 
Something that will eventually be permitted is not Batel even in a mixture of a thousand parts of Heter.
 
Rebbi Yochanan: Terumah is mid'Oraisa even nowadays, according to Rebbi Yosi.
 
If a box of Chulin and a box of Terumah fall into a pile of Terumah and Chulin, the piles are permitted. (1)
 
Rebbi Yosi, in the Beraisa of Seder Olam, states that the holiness of Eretz Yisrael exists even nowadays. (2)
 
If a Mikvah contains exactly 40 Se'ah of water, and a Se'ah of fruit juice was placed in it, even if a Se'ah of water is extracted from the Mikvah it remains Kosher. (3)
 
An Androginus may get married to a female, but not to a male. (4)
 
Tana Kama: A male who has conventional relations with an Androginus is Chayav Misah. Rebbi Eliezer: He is not Chayav Misah. (5)

A BIT MORE

1. Even though we do not know which box fell into which pile, we rely on the possibility that the box of Chulin fell into the pile of Chulin and the box of Terumah fell into the pile of Terumah. The reason why we may rely on this possibility is that Terumah nowadays is mid'Rabanan (according to this Tana). However, Reish Lakish maintains that we may rely on this possibility only if the Chulin is the majority of the mixture even in the possibility that the Terumah fell into the Chulin. Rebbi Yochanan maintains that it is not necessary that the Chulin is the majority.
 
2. Rebbi Yosi maintains that Eretz Yisrael was sanctified at the time that Yehoshua bin Nun conquered the land, but its Kedushah was nullified at the time of the exile to Bavel. Eretz Yisrael was sanctified again at the time that Ezra conquered the land and it remains sanctified to this day. For that reason, Terumah is Min ha'Torah even nowadays, according to Rebbi Yosi.
 
3. Since the fruit juice becomes Batel to the water in the Mikvah, it is included in the 40 Se'ah of the Mikvah. One may continue placing fruit juice in the Mikvah and subsequently extracting an equal amount of water from the Mikvah until there no longer is a majority of water in the Mikvah.
 
4. Reish Lakish: The marriage of an Androginus is b'Di'eved, since he is only a Safek male. Rebbi Yochanan: His marriage is l'Chatchilah.
 
5. Tana Kama: There is a Chiyuv Sekilah for the transgression of Mishkav Zachar even though one has conventional relations with the Androginus. Rebbi Eliezer: The Chiyuv Sekilah for Mishkav Zachar is only for unconventional relations, just like with any other male.

BRIEF INSIGHT

PERU U'REVU
 
The Gemara says that according to Rebbi Yochanan, the marriage of an Androginus to a female is l'Chatchilah. Tosfos explains that the meaning of l'Chatchilah in this case is that the Androginus has an obligation to get married because he is obligated in Peru u'Revu. The Mitzpeh Eisan asks that the Tosefta implies that an Androginus is infertile and cannot have children, so obviously he is not obligated in Peru u'Revu. The Mitzpeh Eisan answers that Tosfos means merely that he is obligated to get married even though he cannot have children, since it is forbidden to remain without a wife.

QUICK HALACHAH

AN ANDROGINUS
 
A person who has unconventional relations with a male or with an Androginus is Chayav. In contrast, a Tumtum is a Safek, and therefore someone who has unconventional relations with a Tumtum or conventional relations with an Androginus receives Makos Mardus. An Androginus may marry a female. (Rambam, Hilchos Isurei Bi'ah 1:15)

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