16b----------------------------------------16b

1)

SHIMON BEN SHETACH'S ENACTMENTS

שמעון בן שטח תקן כתובה לאשה וגזר טומאה על כלי מתכות. כלי מתכות דאורייתא נינהו דכתיב (במדבר לא) אך את הזהב ואת הכסף וגו' לא נצרכה אלא לטומאה ישנה דאמר רב יהודה אמר רב מעשה בשלציון המלכה שעשתה משתה לבנה ונטמאו כל כליה ושברתן ונתנתן לצורף וריתכן ועשה מהם כלים חדשים ואמרו חכמים יחזרו לטומאתן ישנה מ"ט משום גדר מי חטאת נגעו בה: שמעון בן שטח תקן כתובה לאשה וגזר טומאה על כלי מתכות. כלי מתכות דאורייתא נינהו דכתיב (במדבר לא) אך את הזהב ואת הכסף וגו' לא נצרכה אלא לטומאה ישנה דאמר רב יהודה אמר רב מעשה בשלציון המלכה שעשתה משתה לבנה ונטמאו כל כליה ושברתן ונתנתן לצורף וריתכן ועשה מהם כלים חדשים ואמרו חכמים יחזרו לטומאתן ישנה מ"ט משום גדר מי חטאת נגעו בה:
Translation: A Beraisa taught that Shimon ben Shetach enacted Kesuvah, and decreed Tum'ah on metal vessels. Can this be? Tum'ah of metal Kelim is mid'Oraisa - "Ach Es ha Zahav v'Es ha'Kesef..."! He decreed Tum'ah Yeshanah on them. Rav Yehudah said, a case occurred, and Shel Tziyon ha'Malkah made a party for her son. All her Kelim became Teme'im. She broke them, and gave them to a smelter to solder them to fix them. Chachamim said that they are Teme'im like before. What is the reason? This is lest people cease to use Mei Chatas to purify from Tum'as Mes.
(a)

Was there no Kesuvah before Shimon ben Shetach?

1.

Rashi (14b): He enacted that man write a lien on all his property to pay the Kesuvah. Beforehand, when he got angry, he would say 'take your Kesuvah and leave!' (Kesuvos 82b)

i.

Rav Elyashiv and Daf Al ha'Daf: Now, first he must check if he has enough to pay her Kesuvah before divorcing her (he would not want that she will collect from his land). Via this, he refrains from divorcing her. The Ra'ah (in Shitah Mekubetzes Kesuvos 82b) explains that before Shimon ben Shetach, Shibud for the Kesuvah began from divorce, and she could not collect from sold property. He enacted that the Shibud begin from the Nisu'in, so she can collect from what he sold afterwards.

(b)

Why was Shel Tziyon queen? The Torah says to appoint a king! It seems that she acted k'Halachah - she was careful about Tum'as Kelim!

1.

Rav Elyashiv: The Minchas Chinuch says that we do not appoint a queen, but if she inherited kingship, she can reign. If her father was king, this would answer the question. Even though she had a brother Shimon ben Shetach, it was permitted to appoint her queen. Hagahah - even though she was queen due to her husband Yanai, and not due to her father, it is possible that her father was king. Since Yanai was proper to be king, they appointed him. Since she was proper to inherit kingship, they could appoint her. It is not clear what was the case. (NOTE: Erchei Tana'im v'Amora'im (Yanai) brings from Megilas Ta'anis that she was Yanai's wife and Shimon's sister. Sefer Yuchsin was unsure about this. Our text of Megilas Ta'anis says only that she was Yanai's wife, and that Shimon was the only Yisrael at the meal with them. Indeed, Shimon's sister was Yanai's wife (Berachos 48a); however, perhaps Shel Tziyon was a different wife. Yanai was not so proper for kingship. He was a Kohen [from the Chashmona'im] - they were punished for taking kingship! If she was Bas Melech, her brother would be a Kohen! Why did Rav Elyashiv assume that she was ruling? Even if her husband reigned, could she not make a party and command how to purify the Kelim? Esther closed all the bathhouses and barbers on her own (Megilah 16a)! - PF)

(c)

Why would people cease to use Mei Chatas?

1.

Rashi: A person does not want to wait seven days to be Metaher Kelim.

i.

Ha'Boneh: Surely the Torah commanded about Taharah and Tum'ah of garments and Kelim, to compare them to Taharah of man and his Nefesh, in his Midos - "Al Titame'u b'Chol Eleh" (Vayikra 18:24; it discusses Aveiros). Yisrael were chosen to be a Kli Shares for the Shechinah, and it will dwell on them. They will be a receptacle to receive it. Yisrael are divided into Kohanim, Leviyim and Yisraelim - the initial letters spell Kli. Shimon ben Shetach saw that Kelim that became Tamei Mes, they sunk into such a Tum'ah, that even if they will be broken and soldered, it will not help to remove their Tum'ah. Only the Mitzvah of Mei Chatas would help. Also Yisrael because Tamei via their afflictions. They are so broken that breaking and soldering will not help, until Hash-m will purify them amidst His mercy.