12th CYCLE DEDICATION
SOTAH 16 - Dedicated by Rabbi Kornfeld's father, Mr. David Kornfeld, in memory of the members of his family, Hashem Yikom Damam, who perished at the hands of the Nazi murderers in the Holocaust and whose Yahrzeit is observed on 4 Sivan: his mother (Mirel bas Yakov Mordechai), brothers (Shraga Feivel, Aryeh Leib and Yisachar Dov, sons of Mordechai), grandfather (Reb Yakov Mordechai ben Reb David [Shpira]) and aunt (Charne bas Yakov Mordechai [wife of Reb Moshe Aryeh Cohen z'l]).

1)

(a)We ask whether, if there is no earth, the Kohen is permitted to take ashes instead. Why is this She'eilah confined to the opinion of Beis Hillel, but not according to Beis Shamai?

(b)In which regard do Beis Hillel consider 'Eifer' earth?

(c)Then why might ashes not be eligible by Sotah?

(d)Why might they nevertheless be eligible?

1)

(a)We ask whether, if there is no earth, the Kohen is permitted to take ashes instead. That She'eilah is confined to the opinion of Beis Hillel, but will not be a She'eilah according to Beis Shamai - because, according to Beis Shamai, we do not find earth referred to as 'Eifer'.

(b)Beis Hillel regard 'Eifer' as earth - with regard to the Mitzvah of Kisuy ha'Dam (covering the blood of a Shechted bird or wild animal).

(c)Ashes might nevertheless not be eligible by Sotah - because the Torah specifically writes "be'Karka ha'Mishkan" (implying earth).

(d)They might nevertheless be eligible - because we use "be'Karka ha'Mishkan" for other things (like Isi ben Yehudah or Isi ben Menachem, whose opinions we discussed on the previous Amud).

2)

(a)What, according to Rebbi Yochanan citing Rebbi Yishmael, do the following have in common: covering the blood of a Shechted bird or wild animal with earth, the prohibition of a Nazir shaving with a razor, and writing a Get on parchment?

(b)The Torah writes "be'Afar" by Kisuy ha'Dam, and "Ta'ar" by a Nazir. How does it indicate that a Get should be written on parchment?

(c)Why is the prohibition of a Nazir shaving with a razor not simply an addition (like the case of Metzora that will be cited later)?

2)

(a)According to Rebbi Yochanan citing Rebbi Yishmael, even though the Torah specifically writes that one must cover the blood of a Shechted bird or wild animal with earth, not shave a Nazir with a razor, and write a Get on parchment - the Halachah l'Moshe mi'Sinai states that one may cover the blood with anything in which it is possible to plant, is prohibited from shaving with any implement and write a Get on anything that is detached.

(b)The Torah writes "be'Afar" by Kisuy ha'Dam, and "Ta'ar" by a Nazir, and it indicates that a Get should be written on parchment - by writing "ba'Seifer".

(c)The prohibition of a Nazir shaving with a razor is not simply an addition (like the case of Metzora that will be cited later) - because we are speaking here about receiving Malkos, and someone who administers Malkos without full justification, transgresses two La'avin.

3)

(a)With which Halachah does the Yerushalmi replace the prohibition of shaving a Nazir?

(b)Why do we prefer the Yerushalmi's version (see Tosfos Shantz)?

3)

(a)The Yerushalmi replaces the prohibition of a Nazir shaving with a razor - with the obligation of piercing the ear of an Eved Ivri who wants to work beyond the initial six-year period, where the Torah writes "ba'Martzei'a" (with an awl [yet the Halachah permits any other sharp object]).

(b)We prefer the Yerushalmi's version - because shaving a Nazir, is not considered uprooting, but adding (like we asked in the previous question [Tosfos Shantz], though one wonders whether it may not be because shaving a Nazir is a La'av, whereas all the others are Asei).

4)

(a)How do we attempt to prove our She'eilah (whether ashes may replace earth) from Rebbi Yochanan's statement?

(b)How do we reject the proof?

(c)We suggest that the Tana also omits the second shaving of a Metzora. What do we learn from the 'K'lal u'F'rat u'Ch'lal' "Ve'hayah ba'Yom ha'Shevi'i, Yegalach es Kol Se'aro (K'lal), es Rosho, es Zekano ve'es Gabos Einav" (P'rat) "ve'es Kol Se'aro Yegale'ach" (K'lal)?

(d)What ought this to ...

1. ... include?

2. ... exclude?

(e)What in fact, is the Halachah?

4)

(a)We attempt to prove our She'eilah (whether ashes may replace earth or not) from Rebbi Yochanan's statement - because if they may, why does he not include them in his list of Halachos which uproot the Pasuk (bringing the total up to four)?

(b)We reject the proof however - using the principle 'Tana ve'Shayer' (the Tana omits other cases too).

(c)We suggest that the Tana also omits the second shaving of a Metzora. We learn from the 'K'lal u'F'rat u'Ch'lal' "Ve'hayah ba'Yom ha'Shevi'i, Yegalach es Kol Se'aro (K'lal), es Rosho, es Zekano ve'es Gabos Einav" (P'rat) "ve'es Kol Se'aro Yegale'ach" (K'lal) - that, by his second shaving, a Metzora is obligated to shave off any gathering of hair that is naturally visible.

(d)This ought to ...

1. ... include - the hair of the Beis ha'Ervah.

2. ... exclude - the hair under the armpit as well as all the hair that grows sparsely all over the body.

(e)In fact, the Halachah is - that the Metzora must shave every hair on his body (like a pumpkin).

5)

(a)Why can we not resolve the She'eilah from the Reisha of the Mishnah in Nega'im 'Ba Lo Lehakif es ha'Metzora, Ma'avir Ta'ar Al Kol Besaro'?

(b)From where do we ultimately resolve it?

(c)What does Rav Nachman bar Yitzchak mean when he differentiates between 'Halachah Okeves Mikra' and 'Halachah Okeves de'Rabbanan'?

(d)And what does Rav Papa mean when he says 'Ki ka'Chashiv, Halachah Okeves ve'Okeres, Ha Okeves u'Mosefes Hi'?

(e)What are they both coming to prove with this?

5)

(a)We cannot resolve the She'eilah from the Reisha of the Mishnah in Nega'im 'Ba Lo Lehakif es ha'Metzora Ma'avir Ta'ar Al Kol Besaro' - since that is speaking about the Metzora's first shaving, whereas we are speaking about the second shaving (on the seventh day).

(b)We ultimately resolve it - from the Seifa, which compares the second shaving to the first one.

(c)When Rav Nachman bar Yitzchak differentiates between 'Halachah Okeves Mikra' and 'Halachah Okeves de'Rabbanan' he means that Rebbi Yochanan is only concerned with the Halachah uprooting specific Pesukim such as "Seifer", "Eifer", "Ta'ar" and "Martzei'a"; but not D'rashos (such as 'K'lal u'Frat u'Ch'lal', which he refers to as 'de'Rabbanan' [as is the case of Metzora]), which he considers more feasible.

(d)And when Rav Papa says 'Ki ka'Chashiv, Halachah Okeves ve'Okeres, Ha Okeves u'Mosefes Hi' - he means that in the three cases referred to by Rebbi Yochanan, the Halachah uproots the Pasuk completely, whereas in the case of the Metzora, it merely comes to add to the Pasuk's requirements.

(e)Both Amora'im are coming to prove - that one cannot use anything besides earth, since otherwise, they ought to have been included in Rebbi Yismael's list (seeing as Metzora is not considered a Shiyur).

6)

(a)Rav Ashi arrives at the same conclusion by establishing the Beraisa of 'K'lal u'F'rat u'Ch'lal' like Rebbi Yishmael who, throughout the entire Torah, Darshens 'K'lal u'F'rat u'Ch'lal' (in the manner that we described). And according to him, the Metzora will indeed not be completely shaven. Then who is the author of the Mishnah in Nega'im (which holds that the Metzora must be shaven like a pumpkin, even the second time?

(b)What is the one thing that the Mi'ut (" es Rosho, es Zekano ve'es Gabos Einav") comes to exclude according to Rebbi Akiva?

(c)If Rebbi Yishmael's tradition stems from Rebbi Nechunyah ben Hakaneh, who taught Rebbi Akiva his tradition?

6)

(a)Rav Ashi arrives at the same conclusion by establishing the Beraisa of 'K'lal u'F'rat u'Ch'lal' like Rebbi Yishmael, who, throughout the entire Torah, Darshens 'K'lal u'F'rat u'Ch'lal' (in the manner that we described). And according to him, the Metzora will not be completely shaven. Whereas the author of the Mishnah in Nega'im (which holds that the Metzora must be shaven like a pumpkin, even the second time) - is Rebbi Akiva, who Darshens the Torah not in the format of a 'K'lal u'F'rat u'Ch'lal', but of a 'Ribuy u'Mi'ut ve'Ribuy', which includes everything but for one thing (in which case, we again have no case to pair with Sotah).

(b)The one thing that the Mi'ut (" es Rosho, es Zekano ve'es Gabos Einav") comes to exclude according to Rebbi Akiva - is the hair inside the Metzora's nose.

(c)Rebbi Yishmael's tradition stems from Rebbi Nechunyah ben Hakaneh - whereas Rebbi Akiva received his tradition from Nachum Ish Gamzu.

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

7)

(a)In which regard do we ask 'Mai Havi Alah'?

(b)How do we finally resolve the She'eilah from Rav, who permits the use of rotting vegetables in place of earth?

7)

(a)We ask 'Mai Havi Alah' - with regard to our She'eilah regarding the use of ashes instead of earth (even though we seem to have resolved it already. See Tosfos DH 'Mai Havi Alah').

(b)We finally resolve the She'eilah from Rav, who permits the use of rotting vegetables in place of earth (presumably because they originally grew from the earth) - but not ashes.

8)

(a)The Tana of the Beraisa adds two things that must be visible, besides the Mei Sotah. One of them is the ashes of the Parah Adumah in the water. What is the other?

(b)What is Rebbi Yishmael referring to when he cites the Pasuk in Metzora "ve'Taval Osam be'Dam ha'Tzipor ha'Shechutah"?

(c)Does it matter then, if there is only blood and no water in the vessel?

(d)Why does Rebbi Yishmael give the Shi'ur of water as a Revi'is ha'Lug?

8)

(a)The Tana of the Beraisa adds two things that must be visible, besides the Mei Sotah. One of them is the ashes of the Parah Adumah in the water - the other is the spittle of the Yevamah before the eyes of the Beis-Din.

(b)When Rebbi Yishmael cites the Pasuk "ve'Taval Osam be'Dam ha'Tzipor ha'Shechutah" - he is referring to a fourth thing that must be visible; namely, the blood of the Shechted bird in the purification ceremony of the Metzora (in other words, there should not be too much water in the earthenware vessel into which he Shechts the bird).

(c)There must certainly be water in the vessel too - because the Torah writes "Al ha'Mayim ha'Chayim".

(d)Rebbi Yishmael gives the Shi'ur of water as a Revi'is ha'Lug - because that is the amount of water required for both the blood of the bird and the water to be independently visible.

9)

(a)According to the Rabbanan, why does the Torah write "ve'Taval Osam be'Dam ha'Tzipor ha'Shechutah" and "Al ha'Mayim ha'Chayim"?

(b)Rebbi Yishmael counters this with the argument that the Torah could then have written "ve'Taval Bahem ... ". On what grounds do the Chachamim disagree with him?

(c)Rebbi Yishmael learns the obligation to mix the water and the blood from the Pasuk "ve'Shachat es ha'Tzipor ha'Echas el K'li Cheres al Mayim Chayim". How will the Rabbanan explain that Pasuk?

9)

(a)According to the Rabbanan, the Torah writes "ve'Taval Osam be'Dam ha'Tzipor ha'Shechutah" and "Al ha'Mayim ha'Chayim" - to teach us that both are required, irrespective of whether the blood is recognizable in the water or not.

(b)Rebbi Yishmael counters this with the argument that the Torah could then have written "ve'Taval Bahem ... ". The Chachamim disagree with him - because that would imply that one dips the bundle first into one, then into the other, without actually mixing them.

(c)Rebbi Yishmael learns the obligation to mix the water and the blood from the Pasuk "ve'Shachat es ha'Tzipor ha'Echas el K'li Cheres al Mayim Chayim" - which the Rabbanan will explained to mean that the Kohen Shechts the bird over the bowl holding the blood vessels tight so that none of the blood flows into the water whilst they bring him another bowl for the blood to flow into.

10)

(a)Rebbi Yirmiyah asked Rebbi Zeira what the Din would be if the bird was so big that the water was no longer visible once its blood dripped into it, or if it was so small that the blood was not visible in the water. Rebbi Zeira gave a sharp reply. What did he say?

(b)So why was Rebbi Yirmiyah's She'eilah irrelevant?

10)

(a)Rebbi Yirmiyah asked Rebbi Zeira what the Din would be if the bird was so big that it the water was no longer visible once its blood dripped into it, or if it was so small that the blood was not visible in the water. Rebbi Zeira gave a sharp reply - reminding him that he had told him before not to query the Shiurim of Chazal, which are scrupulously accurate.

(b)Rebbi Yirmiyah's She'eilah was irrelevant - because when it comes to a Tzipor D'ror (the type of free-roaming bird that is eligible for this Mitzvah), Chazal assessed that there is no bird so large that its blood can render the Revi'is ha'Lug of water invisible, and none so small that its blood should be rendered invisible by the water.

11)

(a)The Tana Kama invalidates the Mei Sotah, if the Kohen placed the earth into the cup before the water. What is his source for this?

(b)What does Rebbi Shimon learn from the Pesukim in Chukas (in connection with the Parah Adumah) "ve'Nasan Alav ... " and "... Mayim Chayim el Keli"?

(c)What does he now extrapolate from the fact that the Torah writes there "ve'Lakchu la'Tamei me'Afar Sereifas ha'Chatas", and not " ... me'Eifer Sereifas ha'Chatas"?

(d)What does the 'Gezeirah-Shavah' teach us? What do we learn with regard to ...

1. ... Parah Adumah from Sotah?

2. ... Sotah from Parah Adumah?

11)

(a)The Tana Kama invalidates the Mei Sotah, if the Kohen placed the earth into the cup before the water - because the Torah writes "Ve'nasan el ha'Mayim".

(b)Rebbi Shimon learns from the Pesukim (in connection with the Parah Adumah) "ve'Nasan Alav ... " and "... Mayim Chayim el Keli" - that the Kohen had the choice of either placing the ashes into the vessel first, or of first pouring in the water.

(c)He now extrapolates from the fact that the Torah writes there "ve'Lakchu la'Tamei me'Afar Sereifas ha'Chatas", and not " ... me'Eifer Sereifas ha'Chatas" - that we Darshen a 'Gezeirah-Shavah' with "Afar" that is written by Sotah.

(d)We learn with regard to ...

1. ... Parah Adumah from Sotah - that the earth may be placed into the water that is already in the vessel.

2. ... Sotah from Parah Adumah - that Bedi'eved, if he placed the earth first, it remains Kasher.

12)

(a)How does Rebbi Shimon reconcile the Pasuk (in Chukas) "Mayim Chayim el Keli" (implying that the water has to be placed in the vessel first), with the Pasuk "ve'Nasan Alav Mayim Chayim" (implying that the earth precedes the water)?

(b)What do the Chachamim say?

(c)Why does the Tana Kama decline to accept this interpretation?

(d)We find this principle in two other cases: by Sotah and by Metzora. What is the Machshir ...

1. ... by Sotah?

2. ... by Metzora?

12)

(a)Rebbi Shimon reconciles the Pasuk (in Chukas) "Mayim Chayim el Keli" (implying that the water has to be placed in the vessel first), with the Pasuk "ve'Nasan Alav Mayim Chayim" (implying that the earth precedes the water) - be establishing the first Pasuk Lechatchilah, and the second one, Bedi'eved.

(b)According to the Chachamim - "el Keli" is Davka, whereas "Alav" teachus us that the Kohen needs to mix them together. Alternatively, he might have learned from "Alav" that the earth must be placed inside the vessel first, in which case he would have explained "Mayim Chayim el Keli" to mean - that the water must be drawn from the spring directly into this vessel, and not first drawn into another vessel and then transferred into this one.

(c)The Tana Kama declines to accept this interpretation - because he takes his cue from other cases where the Machshir is placed on top.

(d)We find this principle in two other cases: by Sotah and by Metzora. The Machshir ...

1. ... by Sotah is - the ashes

2. ... by Metzora is - the blood of the bird.

OTHER D.A.F. RESOURCES
ON THIS DAF