NAZIR 43 (Hoshana Raba) - dedicated by Gedalliah Jawitz in honor of the Yahrzeit of Yehuda ben Simcha Volf Jawitz.

1)

(a)On what grounds do we refute the suggestion that Rebbi Yochanan is speaking when the Kohen entered the house ...

1. ... with his arms at his sides (Rebbi Elazar), in which case both Tum'os ought to come into effect simultaneously?

2. ... with his head turned slightly upwards (Rava) so that his body entered first?

(b)Why do we not establish the case when he walked in backwards?

(c)Which Kashya could we have asked (in one sweep) on all the initial explanations that would have disproved them all?

1)

(a)We refute the suggestion that Rebbi Yochanan is speaking when the Nazir entered the house ...

1. ... with his arms at his sides (Rebbi Elazar), in which case both Tum'os ought to come into effect simultaneously - because even then, the moment the Nazir's nose enters the house, he becomes Tamei b'Ohel, whereas the Bi'ah occurs only later.

2. ... with his head turned slightly upwards, so that his body enters first (like Rava suggested) - because there too, his toes are bound to enter the house first.

(b)Nor can we cannot establish the case when he walked in backwards - because Tum'as Bi'ah does not take effect unless one enters the house in the normal manner.

(c)In fact, we could have asked on all the initial explanations - that the moment any part of the Nazir's body enters the house, becomes Tamei b'Ohel, but not Tum'as Bi'ah.

2)

(a)How does Rav Papa finally establish Rebbi Yochanan ('Kan ba'Bayis')? How does the Nazir enter the house in a way that the Tum'ah and the Bi'ah occur simultaneously?

(b)On what additional condition will he be Chayav Malkus, (seeing as one does not receive Malkus for transgressing a Lav she'Ein Bo Ma'aseh)?

(c)How does Mar bar Rav Ashi establish Rebbi Yochanan even where the Nazir walked into the house under his own steam, yet he is Chayav for Tum'ah and Bi'ah simultaneously?

2)

(a)Rav Papa finally establishes Rebbi Yochanan ('Kan ba'Bayis') - when the Nazir entered the house in some sort of covered wagon, and that the Tum'ah and the Bi'ah come at the same time, when someone came and uncovered it.

(b)Seeing as one does not receive Malkus for transgressing a Lav she'Ein bo Ma'aseh - the Nazir must have helped to remove the roof, in order to be Chayav Malkus).

(c)Mar bar Rav Ashi establishes Rebbi Yochanan even where the Nazir walked into the house under his own steam, yet he is Chayav for Tum'ah and Bi'ah simultaneously - when the Nazir entered the house in which there was a Goses (on his death-bed) who died after he entered.

3)

(a)The Beraisa now discusses someone who touches a Goses. What does ...

1. ... the Tana Kama learn from the Pasuk in Emor (in connection with Kohanim) "Leheichalo"?

2. ... Rebbi learn from the Pasuk in Naso (in connection with Nazir) "Lo Yitamei Lahem b'Mosam"?

(b)Rebbi Yochanan explains that the Machlokes is purely a matter of different sources for the same ruling. What does Reish Lakish say?

3)

(a)The Beraisa now discusses someone who touches a Goses.

1. The Tana Kama learns from the Pasuk in Emor (in connection with Kohanim) "Leheichalo" - that a Goses does not render Tamei someone who touches him until he has actually died.

2. Rebbi learns - the same thing from the Pasuk in Nasso (in connection with Nazir) "Lo Yitamei Lahem b'Mosam".

(b)Rebbi Yochanan explains that the Machlokes is purely a matter of different sources for the same ruling. According to Reish Lakish - they are arguing over whether a Goses is Metamei one who touches him (the Tana Kama) or not (Rebbi).

4)

(a)What does ...

1. ... the Tana Kama of the Beraisa learn from "b'Mosam"?

2. ... Rebbi learn from "Leheichalo"?

(b)And from where does the Tana Kama learn the Sevara of 'Mechulal v'Omed'?

4)

(a)

1. The Tana Kama of the above Beraisa learns from "b'Mosam" - that the prohibition of a Nazir (or a Kohen) to become Tamei is confined to Tum'as Mes, but does not extend to Tum'as Nega'im and Zav.

2. And Rebbi learns from "Leheichalo" - the Derashah that we discussed above (Rabah Amar Rav Huna) 'Yatza Zeh she'Mechulal v'Omed'.

(b)The Tana Kama learns the Sevara of 'Mechulal v'Omed' - from the extra 'Vav' in "Leheichal*o*" (seeing as the Torah could have written "Leheichal".

5)

(a)What does the Tana of another Beraisa say about a person who is cut up or who is a Goses?

(b)What Kashya does this Beraisa pose on Reish Lakish?

(c)How could we easily have answered the Kashya?

(d)How do we in fact, answer it?

5)

(a)The Tana of another Beraisa rules that a person who is cut up or who is a Goses - does not render a person Tamei until he actually dies ...

(b)... posing a Kashya on Reish Lakish - who learns that, according to the Tana Kama of the previous Beraisa, he is Metamei even whilst he is a Goses.

(c)We could easily have answered the Kashya - by establishing the second Beraisa like Rebbi.

(d)In fact, we answer that - even though a Goses does not actually render one who touches him Tamei, he does however, profane the Kedushah of a Kohen who touches him (or who remains in the same Ohel).

6)

(a)Bearing in mind that we rule like Rebbi Yochanan against Reish Lakish, which important Halachah concerning Tum'as Kohanim emerges from this Sugya?

(b)This ruling however, will not apply according to the text of the Behag. How does the text of the Behag read?

(c)What will be the Halachah according to him?

6)

(a)Bearing in mind that we rule like Rebbi Yochanan against Reish Lakish, the important Halachah concerning Tum'as Kohanim that emerges from this Sugya is - that a Kohen does not defile his Kedushah by touching a Goses or by remaining in the same room as him.

(b)This ruling however, will not apply according to the text of the Behag - who replaces Rebbi Yochanan with Abaye and Reish Lakish with Rava.

(c)According to the Behag - the Halachah will be like Rava, and a Kohen must refrain from touching a Goses, or from being under the same roof as him.

43b----------------------------------------43b

7)

(a)What does Rav Chisda Amar Rav learn from the Pasuk in Emor (in connection with a Kohen Hedyot) "l'Aviv"?

(b)What did Rav Chisda reply when Rav Hamnuna asked him whether this would also apply to someone whose father was walking in a robber-infested valley and whom robbers decapitated?

(c)We query Rav Chisda's answer from a Beraisa, which describes a Mes Mitzvah as 'Kol she'Ein Lo Kovrin' (whereas 'Kor'in, va'Acherim Onin Oso, Ein Zeh Mes Mitzvah'). How do we initially interpret this?

(d)How do we finally explain it, to answer Rav Hamnuna's Kashya?

7)

(a)Rav Chisda Amar Rav learns from the Pasuk (written in connection with a Kohen Hedyot) "l'Aviv" - that a Kohen is only permitted to see to the burial needs of his seven relatives as long as their bodies are complete, but not if a major limb such as the head, has been removed.

(b)When Rav Hamnuna asked Rav Chisda whether this would also apply to someone whose father was walking in a robber-infested valley and whom robbers decapitated - he replied that if a Kohen is obligated to bury a Mes Mitzvah who is a stranger, he is certainly obligated to bury it if it is his father.

(c)We query Rav Chisda's answer from a Beraisa, which describes a Mes Mitzvah as 'Kol she'Ein Lo Kovrin' (whereas 'Kor'in, va'Acherim Onin Oso, Ein Zeh Mes Mitzvah'), which we initially interpret to mean - that the Mes has had no family to call for help.

(d)We finally explain it to mean - that there is nobody within hailing distance, thereby answering Rav Hamnuna's Kashya.

8)

(a)What is the Din with regard to a Kohen burying a Mes if there are Yisre'elim who are non-relatives in the vicinity?

(b)Then how will we account for the Sugya in Yevamos, which permits a Kohen to bury his wife who is a Ketanah should she die, even though she has relatives who could do it?

(c)If she is not really a Mes Mitzvah, then how could Chazal enact a Takanah permitting a Kohen to perform an Aveirah (seeing as the Chachamim only have the right to issue enactments that one transgresses 'b'Shev v'Al Ta'aseh' [negatively], but not 'b'Kum va'Aseh'] positively)?

8)

(a)A Kohen - is not permitted to bury a Mes if there are Yisre'elim who are non-relatives within hailing distance of the Mes (see Rosh).

(b)The Sugya in Yevamos nevertheless permits a Kohen to bury his wife who is a Ketanah should she die, even though she has relatives who could do it - because seeing as it is her husband who inherits her, her family will be loath to see to her burial needs, so Chazal gave her the Din of a Mes Mitzvah.

(c)Despite the fact that she is not really a Mes Mitzvah, Chazal were nevertheless able to enact a Takanah permitting a Kohen to perform an Aveirah (even though the Chachamim only have the right to issue enactments that one transgresses 'be'Shev v'Al Ta'aseh' [negatively], but not 'be'Kum va'Aseh'] positively) - because in urgent cases, they are even empowered to make Takanos 'be'Kum va'Aseh', as well.

9)

(a)What does the Beraisa learn from the Pasuk in Emor (written in connection with a Kohen's deceased unmarried sister) "Lah Yitama"?

(b)What does the Tana mean when he concludes 'Aval Machzir Hu al Etzem ki'Se'orah'?

9)

(a)The Beraisa learns from the Pasuk in Emor "Lah Yitama" - that although a Kohen is obligated to bury his unmarried sister, he is not permitted to bury the limbs of his sister (or even his father) that have been severed whilst she is still alive (Eiver min ha'Chai) or after her death.

(b)When the Tana concludes 'Aval Machzir Hu al Etzem k'Se'orah' - he means that, although the Kohen is not initially permitted to bury the individual limbs of his father (or his sister), once he has buried him, he is permitted to add even a small bone the size of a barley, in order to complete the burial.

10)

(a)We reconcile this Beraisa with Rav Chisda Amar Rav, who Darshened above "l'Aviv", 'bi'Zeman she'Hu Shalem, v'Lo bi'Zeman she'Hu Chaser', by establishing the current Beraisa like Rebbi Yehudah. What does Rebbi Yehudah say?

(b)How can we establish the Reisha of the Beraisa like Rebbi Yehudah, when Rebbi Yehudah's statement in fact, comprises the Seifa?

(c)In another Beraisa quoted by Rav Kahana, the Tana Darshens "Lah Yitama" like the Tana in the previous Beraisa, only, in addition to a k'Zayis min ha'Mes', he precludes a 'k'Zayis Natzal' and a 'Melo Tarvad Rekev'. What is ...

1. ... a 'k'Zayis Natzal'?

2. ... a 'M'lo Tarvad Rekev'?

10)

(a)We reconcile this Beraisa with Rav Chisda Amar Rav who Darshened above "l'Aviv", 'b'Zeman she'Hu Shalem, v'Lo b'Zeman she'Hu Chaser', by establishing the current Beraisa like Rebbi Yehudah - who Darshens from "Lah Yitama" virtually the same as the Beraisa that we just cited.

(b)We establish the Reisha of the Beraisa like Rebbi Yehudah, despite the fact that Rebbi Yehudah's statement comprises the Seifa - because the entire Beraisa goes like him (and the Tana only quotes the Seifa to prove that he is the author of the Beraisa).

(c)In another Beraisa quoted by Rav Kahana, the Tana Darshens "Lah Yitama" like the Tana in the previous Beraisa, only, in addition to a k'Zayis min ha'Mes', he precludes

1. A 'k'Zayis Natzal' - (a k'Zayis of the juice that seeps from a corpse).

2. A 'Melo Tarvad Rekev' - (a k'Zayis of dust and rot from a corpse)

11)

(a)The Tana does obligate a Kohen however, to render himself Tamei for the skull and spine of his sister, as well as 'Rov Binyanah, v'Rov Minyanah'. What is the meaning of ...

1. ... Rov Binyanah (see Rashi)?

2. ... Rov Minyanah?

(b)From where does he learn this?

(c)How do we know that this extends to the six other relatives that a Kohen is obligated to bury?

(d)How do we reconcile Rav Chisda Amar Rav with this Beraisa?

11)

(a)The Tana does obligate a Kohen however, to render himself Tamei for the skull and spine of his sister, as well as

1. ... 'Rov Binyanah - (two calves and one thigh), and ...

2. ... 'Rov Minyanah' - at least a hundred and twenty five limbs.

(b)He learns this - from the repetition of "Emor (El ha'Kohanim) v'Amarta".

(c)We know that this extends to the six other relatives that a Kohen is obligated to bury - because it is logical that if it applies to a Kohen's sister, whom he is certainly obligated to bury when she is complete, then it will also extend to the other relatives, to whom the same obligation applies.

(d)We reconcile Rav Chisda Amar Rav with this Beraisa - by establishing it according to Rebbi Yehudah (just as we did the previous one).

12)

(a)Rav actually holds like the Tana of another Beraisa, which cites the story of Rebbi Yitzchak (or Rebbi Tzadok ha'Kohen) whose father died. What did they come to ask Rebbi Yehoshua ben Elisha and the four elders who were with him, three years later?

(b)What did he reply?

12)

(a)Rav actually holds like the Tana of another Beraisa, which cites the story of Rebbi Yitzchak (or Rebbi Tzadok ha'Kohen) whose father died. Three years later, they came to ask Rebbi Yehoshua ben Elisha and the four elders who were with him - whether he was permitted to transfer his father's remains to the family burial-plot.

(b)He replied - "l'Aviv", 'b'Zeman she'Hu Shalem, v'Lo b'Zeman she'Hu Chaser'.

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