12TH CYCLE DEDICATION
NEDARIM 36 - Dedicated by Chaim and Caroline Turkel of London. May the Zechus of learning and disseminating the Torah bring them and their children good health, the fulfillment all of their material needs, and unlimited Berachah in this world and the next!

1)

(a)How does Rav Shimi bar Ashi try to resolve the She'eilah (whether Kohanim are Yisrael's Sheluchim or the Torah's), from the Beraisa 'Im Hayah Kohen, Yizrok Alav Dam Chataso v'Dam Ashamo'?

(b)On what assumption is this suggestion based?

(c)Why does he not bring the same proof from our Mishnah, which also permits the Madir to bring the Chata'os and Ashamos of the Mudar, should he be a Kohen?

(d)How do we reject the proof from the Beraisa?

1)

(a)Rav Shimi bar Ashi tries to prove from the Beraisa 'Im Hayah Kohen, Yizrok Alav Dam Chataso v'Dam Ashamo' - that the Kohanim must be the Torah's Sheluchim, because, if they were Yisrael's Sheluchim, how could the Madir then sprinkle the blood of the Mudar's Chatas or Asham on the Mizbe'ach, thereby effecting his Kaparah on his behalf.

(b)This suggestion is based on the assumption - that the Chatas and the Asham mentioned by the Tana refer to all sin-offerings and guilt-offerings

(c)He does not bring the same proof from our Mishnah, which also permits the Madir to bring the Chata'os and Ashamos of the Mudar, should he be a Kohen - because there, seeing as the Tana first mentions Kinei Zavin v'Zavos and Kinei Yoldos, it is obvious that Chata'os and Ashamos which follow probably refer to those of a Metzora (who completes the group of Mechusrei Kaparah).

(d)We reject the proof from the Beraisa - by establishing it too, by the Chata'os and Ashamos of a Metzora.

2)

(a)The Mishnah in Menachos states 'ha'Kohanim she'Piglu b'Mikdash Mezidin, Chayavin', from which we infer 'Ha b'Shogeg, Peturin', to which the Beraisa adds 'Ela she'Pigulan Pigul'. How do we try to prove from the inference that the Kohanim are Sheluchim of the Torah?

(b)Why do we make no attempt to bring the same proof from the Reisha?

(c)We reject the proof by quoting the Pasuk in Tzav "Lo Yechashev Lo". What does this Pasuk teach us?

2)

(a)The Mishnah in Menachos states 'ha'Kohanim she'Piglu b'Mikdash Mezidin, Chayavin', from which we infer 'Ha b'Shogeg, Peturin', to which the Beraisa adds 'Ela she'Pigulan Pigul'. Now if the Kohanim were Yisrael's Sheluchim, why could the owner of the Korban not present the argument 'li'Tekuni Shadarticha v'Lo la'Avasasi' ('I sent you for my advantage, not for my disadvantage!'), thereby negating the Shelichus.

(b)We make no attempt to bring the same proof from the Reisha - because (even assuming that a Kohen normally acts as the Yisrael's Shali'ach), once the Kohen is Mefagel the Korban on purpose, he is acting on his own behalf, and not in the capacity of a Shali'ach. On the other hand, despite the fact that though a person is not empowered to render another's article forbidden with words, he does have the power to do so with an action (and the Torah considers Pigul to be an action).

(c)We reject the proof by quoting the Pasuk in Tzav "Lo Yechashev Lo" - which teaches us that a Korban becomes Pasul through Pigul under any circumstances.

3)

(a)Earlier, Rebbi Yochanan proved that a Mechusar Kipurim does not require Da'as, from the fact that a father is obligated to bring the Korbanos of his son who is a Zav. What do we then try and prove from Rebbi Yehudah, who obligates a man to bring a Chatas Chelev (a regular Chatas) on behalf of his wife who is a Shotah? What did Rebbi Elazar say about someone who brought a Chatas Chelev on behalf of his friend without his express consent?

(b)What problem do we have with Rebbi Yehudah, if he is really referring to the Chatas Chelev that one brings on behalf of one's wife, assuming she ate (Chelev) whilst she was ...

1. ... a Shotah?

2. ... a Pikachas, and then became a Shotah?

(c)So how do we establish Rebbi Yehudah? Which Korban is he referring to?

(d)What is the basis of the Machlokes whether we can learn a Gadol from a Katan or a Pike'ach from a Shotah or not?

3)

(a)Earlier, Rebbi Yochanan proved that a Mechusar Kipurim does not require Da'as, from the fact that a father is obligated to bring the Korbanos of his son who is a Zav. We then try to prove from Rebbi Yehudah, who obligates a man to bring a Chatas Chelev (a regular Chatas) on behalf of his wife who is a Shotah - that, by the same token, one ought to be able to bring a Chatas on someone's behalf, even without his knowledge. But this clashes with Rebbi Elazar, who ruled that if someone brought a Chatas Chelev on behalf of his friend without his express consent, his friend has not fulfilled his obligation.

(b)The problem with Rebbi Yehudah, if he is really referring to the Chatas Chelev that one brings on behalf of one's wife, assuming she ate (Chelev ... ) whilst she was ...

1. ... a Shotah is - that there, she has no obligation to bring the Chatas in the first place (seeing as a Shotah is Patur from all the Mitzvos).

2. ... a Pikachas, and then became a Shotah is - that Rebbi Yirmeyahu quoting ... Rebbi Yochanan has already taught us that if someone eats Chelev, designates a Chatas and becomes a Shoteh, his Korban is Pasul because it has become rejected.

(c)So we establish Rebbi Yehudah (not by the Chatas Chelev of one's wife), but by the Chatas that he brings after she has given birth, for which there is a special Pasuk (as we learned earlier).

(d)The basis of the Machlokes whether we can learn a Gadol from a Katan or a Pike'ach from a Shotah or not - is whether we hold of the principle 'Danin Efshar mi'she'Iy Efshar' ('it is possible to learn a case where there is an alternative [to bring the Korban oneself] from a case where there is not') or not.

4)

(a)May a father include his young children in his Korban Pesach?

(b)According to those who do learn Gadol from Katan (Efshar mi'she'Iy Efshar'), why does Rebbi Elazar then rule that if one Shechted the Pesach on behalf of one's friend without his express knowledge, his friend will not have fulfilled his obligation? Why do we not learn the opposite from a Katan?

(c)If 'Seh l'Veis Avos Lav d'Oraisa', how can a child, who has not been designated, be permitted to eat from the Korban Pesach (which requires designation)?

4)

(a)A father - may include his young children in his Korban Pesach.

(b)The reason that, according to those who do learn Gadol from Katan (Efshar mi'she'Iy Efshar'), Rebbi Elazar nevertheless rules that if one Shechted the Pesach on behalf of one's friend without his express knowledge, his friend will not have fulfilled his obligation is - because a father includes his son in the Korban Pesach, not because he is obligated, but because he is part of his family ('Seh l'Veis Avos Lav d'Oraisa').

(c)Even if 'Seh l'Veis Avos Lav d'Oraisa', a child, who has not been designated, is nevertheless permitted to eat from the Korban Pesach - because the requirement to be designated is confined to those who are eligible to be designated (but not to children, who are not).

5)

(a)What does the Mishnah state in Pesachim regarding a father who announces that he is about to slaughter the Pesach on behalf of whichever of his sons arrives in Yerushalayim first?

(b)How do we prove from there that 'Seh l'Veis Avos Lav d'Oraisa'?

(c)On what grounds would the son who arrived first have earned his own portion in the Pesach even if Seh l'Veis Avos would be d'Oraisa?

(d)We support the proof (for 'Seh l'Veis Avos Lav d'Oraisa') with the Beraisa, which relates the story of a father who issued such a challenge to his sons and daughters, and, when his daughters came in before his sons, commented that his daughters were keen, and his sons, slow. How does this Beraisa prove that 'Seh l'Veis Avos Lav d'Oraisa'?

5)

(a)The Mishnah in Pesachim states that if a father announces that he is about to slaughter the Pesach on behalf of whichever of his sons arrives in Yerushalayim first - the son who arrives first in Yerushalayim earns the right to participate in the Korban Pesach both for himself and for his siblings.

(b)We prove from there that 'Seh l'Veis Avos Lav d'Oraisa' - because if it were, how could he possibly earn the right for his siblings to participate, after the Pesach has already been Shechted (seeing as the designation must take place before the Shechitah)?

(c)The son who arrived first would have earned his own portion in the Korban Pesach even if Seh l'Veis Avos would be d'Oraisa - due to the principle of 'Yesh B'reirah' (retroactive acquisition) which is held by some Tana'im.

(d)We support this proof (for 'Seh l'Veis Avos Lav d'Oraisa') with the Beraisa, which relates the story of a father who issued such a challenge to his sons and daughters, and, when his daughters came in before his sons, he commented that the daughters were keen, and the sons, slow. Since he says nothing about the daughter acquiring a portion and not the sons - it is clear that all the children actually received one, a clear proof that 'Seh l'Veis Avos Lav d'Oraisa', as we just explained.

36b----------------------------------------36b

6)

(a)Seeing as a person may act in favor of his friend even without his consent ('Zachin l'Adam she'Lo Befanav') - why might Reuven not be permitted to separate Terumah from his own crops on behalf of Shimon, without the latter's knowledge?

(b)Why would this She'eilah not even come into question regarding Reuven taking Terumah from Shimon's crops without his knowledge?

(c)We try to resolve this She'eilah from our Mishnah 'Torem es Terumaso'. We have just explained why the Tana cannot be speaking when the Noder took Terumah from the Mudar's crops without his knowledge. Why can he not be speaking when he took from the Mudar's crops with his knowledge?

(d)How do we then attempt to resolve our She'eilah from there?

6)

(a)Despite the fact that one person may act in favor of his friend even without his consent ('Zachin l'Adam she'Lo Befanav') - Reuven might nevertheless not be permitted to separate Terumah from his own crops on behalf of Shimon without the latter's knowledge, due to the fact that Shimon may well wish to perform the Mitzvah himself.

(b)This She'eilah would not even come into question regarding Reuven taking Terumah from Shimon's crops without his knowledge - since that is something that he can only do this with Shimon's consent ('Mah Atem l'Da'atchem, Af Sheluchachem l'Da'atchem').

(c)We try to resolve this She'eilah from our Mishnah 'Torem es Terumaso'. We have just explained why the Tana cannot be speaking when the Noder took Terumah from the Mudar's crops without his knowledge. Nor can he be speaking when he took from the Mudar's crops with his knowledge - because then he would be fulfilling his Shelichus, which is considered Hana'ah.

(d)We attempt to resolve our She'eilah from there - since, having eliminated all other possibilities, the Mishnah must now be speaking when the Madir separated Terumah from his own produce without the Mudar's knowledge (and when the Tana says 'le'Da'ato', he means with the Madir's knowledge, though it is unclear why he needs to insert this word).

7)

(a)According to the Rashba, the Mishnah will hold like Chanan, who also permits the Madir to pay the Mudar's debt, but not according to the Rabanan, who forbid that. On what grounds do we nevertheless establish our Mishnah even according to the Rabanan?

(b)We refute this proof however, by reinstating our Mishnah when the Madir separates the Terumah from the Mudar's crops. And we dispense with the Kashya that he is then his Shali'ach (and is therefore giving him Hana'ah by carrying out his Shelichus by quoting Rava). What did the Mudar announce, according to Rava? What do we achieve by saying this?

(c)What would be the Din if he announced ...

1. ... 'Kol ha'Shome'a Koli, Yitrom'?

2. ... 'Kol ha'Torem, Eino Mafsid'?

7)

(a)According to the Rashba, the Mishnah will hold like Chanan, who also permits the Madir to pay the Mudar's debt, but not according to the Rabanan, who forbid that. We nevertheless establish our Mishnah even according to the Rabanan - on the grounds that the Madir wants specifically to take the Terumah from his own crops, in order to gain the Tovas Hana'ah from it (as we shall see later in the Sugya). Consequently, any benefit that the Mudar subsequently receives is only Gerama, which is permitted.

(b)We refute this proof however, by reinstating our Mishnah when the Madir separates the Terumah from the Mudar's crops. And we dispense with the Kashya that he is then his Shali'ach (and is therefore giving him Hana'ah by carrying out his Shelichus), by quoting Rava - who establishes our Mishnah when the Mudar announces 'Kol ha'Rotzeh Litrom, Yovo v'Yitrom', in which case, the Madir does not really become the Mudar's Shali'ach.

(c)If he were to announce ...

1. ... 'Kol ha'Shome'a Koli, Yitrom' - the Mudar would become his full-fledged Shali'ach, forbidding him to separate Terumah on his behalf.

2. ... 'Kol ha'Torem, Eino Mafsid' - he would not be his Shali'ach at all, in which case, his Terumah would not be valid (see also 'Rashi').

8)

(a)Presuming that Reuven may separate Terumah from his crops on behalf of Shimon, Rebbi Yirmeyahu asked Rebbi Zeira who will receive the Tovas Hana'ah. What are ...

1. ... the two sides of the She'eilah?

2. ... its two ramifications?

(b)Rebbi Zeira replies with the Pasuk in Re'eh "Aser Te'aser es Kol Tevu'as Zar'echa -ve'Nasata ...". What does he prove from this Pasuk?

(c)How do we once again (citing Rava) establish our Mishnah, which states 'Torem es Terumosav ... l'Da'ato', to avoid having to disprove Rebbi Zeira from there?

8)

(a)Presuming that Reuven may separate Terumah from his crops on behalf of Shimon, Rebbi Yirmeyahu asked Rebbi Zeira who will receive the Tovas Hana'ah. The ...

1. ... two sides of the She'eilah are - whether it is Reuven who has the Tovas Hana'ah, because the Terumah is being given on his behalf, or Shimon, because the Terumah comes from his crops.

2. ... two ramifications of this She'eilah are - 1. who will receive any money that a relative of a Kohen might offer for his relation to receive the Terumah (the Kohen himself, is in any event forbidden to do anything at all, to prevail upon the Yisrael to give him his Terumos), and 2. to whose choice of Kohen is the Terumah given.

(b)Rebbi Zeira replies with the Pasuk in Re'eh "es Kol Tevu'as Zar'echa v'Nasata" - which seems to be speaking to the owner of the field, from which we can learn that it is the owner of the crops (Shimon) who receives the Tovas Hana'ah).

(c)To avoid having to disprove Rebbi Zeira from there - (citing Rava) we establish our Mishnah when the Madir announced ''Kol ha'Rotzeh Litrom, Yavo v'Yitrom' (making him only a partial Shali'ach - see also 'Rashi' DH 'Le'olam').

9)

(a)We nevertheless prove Rebbi Zeira wrong from a statement by Rebbi Avahu Amar Rebbi Yochanan. According to Rebbi Avahu Amar Rebbi Yochanan, assuming that Reuven designated an animal Hekdesh on behalf of Shimon ...

1. ... and the animal sustains a blemish, who pays the extra fifth when redeeming it, should, Reuven or Shimon?

2. ... has the right to declare a Temurah?

(b)Which of the two does he grant Tovas Hana'ah.

(c)How does he then explain the Pasuk "Aser Te'aser ... es Kol Tevu'as Zar'echa ... v'Nasata"?

9)

(a)We nevertheless prove Rebbi Zeira wrong from a statement by Rebbi Avahu Amar Rebbi Yochanan, who rules on the one hand that, should Reuven declare his animal Hekdesh on behalf of Shimon ...

1. ... and the animal sustains a blemish, Reuven adds the extra fifth.

2. ... Shimon has the right to declare a Temurah.

(b)And it is to the one who separates the Terumah (Reuven) to whom he grants the Tovas Hana'ah (and not to the owner of the field, like Rebbi Zeira ruled).

(c)According to him - "es Kol Tevu'as Zar'echa, v'Nasata" refers to the beginning of the Pasuk "Aser Te'aser" (and not to the owner of the field).

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