76b----------------------------------------76b

1)

THE TORAH IS CONCERNED FOR THE MONEY OF YISRAEL [money: conservation: absorbed blood]

(a)

Gemara

1.

(Beraisa): "V'Lakachta" teaches that we may buy wheat (and sift it, for the sake of Lechem ha'Panim).

2.

Suggestion: Perhaps this applies also to other Menachos!

3.

Rejection: "Osah" - it is permitted only for Lechem ha'Panim, to save money. (Soles is more expensive than wheat. It would be a great expense for Lechem ha'Panim, for much Soles is used, and it is brought every week.)

4.

Question: Why is this a consideration?

5.

Answer (R. Elazar): The Torah is concerned for the money of Yisrael.

6.

We learn from "v'Hishkisa Es ha'Edah v'Es Be'iram." (Hash-m gave water also for Yisrael's animals.)

7.

Pesachim 30a (Rav): Pots may not be Kashered for use on Pesach; they must be broken.

8.

Question: He should allow leaving them to be used after Pesach Lo b'Mino (with foods that are not Chametz. Even if the food will absorb Mashehu (a tiny amount), Rav permits this!)

9.

Answer: He decrees lest one use them b'Mino.

10.

Chulin 49b (Rav): If permitted Chelev seals a hole, it is as if there is no hole (regarding Tereifos). Forbidden Chelev does not seal a hole.

11.

(Rav Sheshes): Both types of Chelev can seal holes.

12.

An animal was brought in front of Rava. Forbidden Chelev covered a puncture.

13.

Rava: The animal is permitted. We rely on Rav Sheshes' opinion; also, the Torah is concerned for the money of Yisrael.

14.

Objection (Rav Papa): We cannot be lenient about a Torah prohibition just because the Torah is concerned for the money of Yisrael!

15.

A man asked Rava about honey that had been exposed.

16.

Rava: The honey is permitted. Firstly, a Mishnah teaches that only wine, water and milk become forbidden if exposed. Secondly, the Torah is concerned for the money of Yisrael!

17.

Objection (Rav Nachman bar Yitzchak): The Torah's concern for the money of Yisrael does not override mortal danger and R. Shimon's opinion!

18.

Mo'ed Katan 7b (Beraisa - R. Yehudah): "Uv'Yom Hera'os" teaches that there are days when we do not see Tzara'as. This teaches that if Tzara'as came on a Chasan or his garment or house, we do not see (and rule) it until after the week of Sheva Berachos;

19.

Rebbi says, we learn from "v'Tzivah ha'Kohen u'Finu Es ha'Bayis." (Before a Kohen enters to see the Tzara'as, they remove all Kelim from the house). If we delay seeing Tzara'as due to Reshus (to save Kelim from Tum'ah), all the more so we delay for the sake of a Mitzvah!

20.

(Rava): They argue about whether we delay for Reshus.

21.

R. Yehudah does not learn from a house, for normally wood and stones are not Mekabel Tum'ah, but they become Tamei in a house with Tzara'as.

(b)

Rishonim

1.

Rosh (Chulin 3:29): The Halachah follows Rav. Even though Rava permitted due to Rav Sheshes' opinion, and because the Torah is concerned for the money of Yisrael, Rav Papa said that we cannot be lenient about a Torah prohibition due to the Torah's concern for the money of Yisrael! Also, Rava retracted.

i.

Toras ha'Bayis ha'Aruch (2:3 37b DH Nikvah): Since Rava did not answer Rav Papa, this shows that he admitted to him.

2.

Rosh (8:49): If part of a piece of meat was salted, the unsalted part does not emit its blood, but it does not stop the salted part from emitting. Likewise, if part of a piece of meat is in the brine, it does not emit, but what is outside the brine emits normally.

3.

Rosh (7:24): When meat is salted and a piece is found partially in the brine (that dripped and collected below), we cut off what is in the brine and permit the rest, even if there is much fat in the brine. We do not say that it diffuses and spreads to the entire piece.

i.

Beis Yosef (YD 69 DH v'Chasav ha'Rav): Also the Rashba says so.

4.

Rosh (Teshuvah 2:17): A case occurred in which a chicken was salted in a Kli without holes (to let the blood drain off). R. Tam forbade the entire chicken. Perhaps this is because it was removed from the brine (that was mixed with blood), and it is not known which side of the chicken was in the brine. The one who heard this erred. One who forbids must bring a clear, strong proof, for The Torah is concerned for the money of Yisrael.

i.

Hagahos Ashri (Avodah Zarah 5:28): Rav Yosef Tuv Elem established a practice to mix in two or three flasks of water in each barrel of wine, so if a little Yayin Nesech will fall in, we can ignore Mino (the permitted wine) and it will be Batel in Eino Mino (the water). He did not want to rely on Bitul of Yayin Nesech in 60 parts of wine, unless needed to avert a great loss, for the Torah is concerned for the money of Yisrael.

ii.

Rashi (Chulin 49b DH ha'Torah): In Toras Kohanim, R. Yehudah learns that the Torah is concerned for the money of Yisrael from a house with Tzara'as. Before the Kohen enters, he commands to remove all Kelim. This is needed only for Kli Cheres (which are cheap), for other Kelim can be immersed in a Mikveh. The Torah is concerned even for the money of stingy people (Tzara'as comes on houses of people who do not lend their Kelim), and all the more so for the money of Tzadikim!

iii.

Chasam Sofer (Chulin 49b DH ha'Torah): Tana'im argue about this. R. Yehudah holds that it is a Gezeras ha'Kasuv. Toras Chayim brings Ra'avan, who learns from "v'Hishkisa... v'Es Be'iram", like it says in Menachos. He preferred this verse, for some disagree with R. Yehudah's Drashah. I say that Rashi brought R. Yehudah's verse, for here we belittle an Isur mid'Rabanan due to concern for money of Yisrael. We learn from Tzara'as, which the Kohen delays seeing until all the Kelim are removed. The Torah allows this delay due to concern for the money of Yisrael.

iv.

Aruch l'Ner (Rosh Hashanah 27a DH bi'Gemara): The Turei Even asked that in Menachos, we learn from "v'Hishkisa"! He answered that that is according to R. Yehudah, who obligates removing from the house even things that are not Mekabel Tum'ah. This shows that it is not due to concern for the money of Yisrael. This is astounding. The Gemara concludes that R. Yehudah holds that everything is Mekabel Tum'ah in a house with Tzara'as! Also R. Yehudah holds that the Torah commands to remove everything due to concern for the money of Yisrael! Perhaps this is why Rashi brought the source from Toras Kohanim, and not from the Mishnah in Nega'im, to hint that even R. Yehudah (the author of Stam Beraisos in Toras Kohanim) agrees to this. I say that surely the primary proof is from v'Hishkisa. It is a Gezeras ha'Kasuv to remove all Kelim from the house, for one removes even metal Kelim, which can become Tahor in a Mikveh, and there is no loss. However, once we see from v'Hishkisa that the Torah is concerned for the money of Yisrael, we say that this is the reason also for removing Kelim.

v.

Note: Perhaps the Torah commanded to remove even metal Kelim to save the owner the toil of immersing them.

vi.

Mordechai (Avodah Zarah 829): Much cheese was made in a Nochri's house and left there, sealed in a wooden box, like is common. They feared lest the Nochri forged the seal. The Ri answered that Nochri cheese is forbidden only due to Giluy (they leave milk exposed), and we are not concerned for this. Therefore, one may permit the cheese, for the Torah is concerned for the money of Yisrael. Also, the Nochri is afraid to forge. The primary reason is that we are not concerned for Giluy. The Nochri's fear to forge is merely another support.

vii.

Teshuvas ha'Ge'onim (Ge'onei Mizrach u'Ma'arav 102): Rav Sar Shalom Gaon says that a Yisrael may not become a partner with a Nochri, lest the Nochri be obligated to swear to him, and he will swear in the name of his idolatry, and the Torah says "Lo Yishama Al Picha." However, if a Nochri already was liable to swear to a Yisrael, one may demand the oath from him, for perhaps he will admit. All the more so it is permitted when the court forces him to swear. If we would not say so, it will become known that we may not make them swear, and they will toil to get money of Yisrael, and deny it, and the money of Yisrael will be finished off. The Torah is concerned for the money of Yisrael.

5.

Ramban (Pesachim 30a DH d'Akshinan): Why did we suggest leaving pots to be used for Eino Mino? If they absorbed more than Mashehu, it will forbid what is cooked in it if it is Nosen Ta'am (gives taste)! Even if it is Mashehu, one may not be Mevatel Isur l'Chatchilah! I answer that we asked that the pots should be used with Eino Mino, and a Nochri chef will taste if it is Nosen Ta'am. Why should we break the pots? The Torah is concerned for the money of Yisrael!

i.

Sefer Chasidim (985): The Torah speaks concisely, and teaches through Midos such as Gezeirah Shavah, because one verse is expounded in many ways. If everything would be explicit, many parchments would be needed (for a Sefer Torah), and it says "there will not cease to be poor people." The Torah is concerned for the money of Yisrael. They cannot afford (many) parchments, and not everyone knows to write, and it would require many days to write. Also, while a man is engaged in his work (writing the Sefer Torah), Torah would be Batel.

ii.

Avi ha'Ezri (Teshuvah 1087): The Ge'onim say that the Simanim (of quivering) to permit a dangerously sick animal that was slaughtered apply to a Yisrael's animal, for the Torah is concerned for the money of Yisrael. We do not permit a Nochri's sick animal, even if it had all the Simanim, unless it walked the required amount.

(c)

Poskim

1.

Shulchan Aruch (YD 69:18): If meat was salted in a Kli without holes and delayed the time to put water on a fire and it will begin boiling, whatever is in the brine is forbidden.

i.

Shach (72 and Gra 67): Normally, we say that Kavush (soaking) is like cooking only after 24 hours. Here we do not require so long, because salting is (somewhat) like boiling.

2.

Rema: Some forbid the entire piece, even what is out of the brine.

i.

Taz (44): Isur v'Heter forbids, because the blood went from place to place and could not leave. The Maharshal agrees, but he says that if it became mixed with others and we do not know which is which, it is Batel even in two pieces of Heter. Mid'Oraisa one piece is Batel in two. Mid'Rabanan we normally require 60; here we can rely on the Rosh and Rashba.

ii.

Question (R. Akiva Eiger): Why is it Batel mid'Oraisa? This is not Min b'Mino, for blood is not the Min of meat! Perhaps the Heter is only to cook each by itself; we do not decree lest he cook them together. However, the Maharshal connotes that mid'Oraisa it is Batel even if he cooks them together.

iii.

Shach (76): Also, the Isur of cooked or salted blood is only mid'Rabanan.

See also:

OTHER D.A.F. RESOURCES
ON THIS DAF