1)

(a)Rebbi Yitzchak Amar Rebbi Yochanan further quoted Rebbi Eliezer ben Yakov as saying that a person who enters to within four Amos of a corpse becomes Tamei. Why did Chazal issue such a decree?

(b)What is a 'Chatzar ha'Kever'?

(c)According to Beis Shamai, a person standing in a Chatzar ha'Kever does not become Tamei provided it has an area of at least four by four Amos. What do Beis Hillel say?

(d)Why, according to the latter, were Chazal more lenient in this case, than in the previous one, where one requires four Amos distance?

1)

(a)Rebbi Yitzchak Amar Rebbi Yochanan further quoted Rebbi Eliezer ben Yakov as saying that a person who enters to within four Amos of a corpse becomes Tamei - to prevent someone from approaching a grave with Taharos, and stretching out his hand with the Taharos over the grave without realizing it.

(b)A 'Chatzar ha'Kever' is - a courtyard surrounded by burial chambers.

(c)According to Beis Shamai, a person standing in a Chatzar ha'Kever does not become Tamei provided it has an area of at least four by four Amos. Beis Hillel hold - that four by four Tefachim will suffice.

(d)According to the latter, Chazal were more lenient in this case, than in the previous one, where one requires a distance of four Amos - because they only decreed four Amos when the grave is in the open, since it is easy to come close to the grave without realizing it, but not when it is covered and surrounded by walls, which serve as a reminder to keep one's distance.

2)

(a)The Tana restricts Beis Hillel's leniency to where the entrance to the burial chambers is via an opening on top. What if the entrance is at the (far) side?

(b)We refute this with the words 'Klapei Laya'? What does this mean?

(c)So we invert the statement. Why will Beis Hillel now agree with Beis Shamai that, if the entrance to the chambers is on top, the Chatzer will require four Amos?

2)

(a)The Tana restricts Beis Hillel's leniency to where the entrance to the burial chambers is via an opening on top. But should the entrance be at the (far) side - they will require four Amos (like Beis Shamai).

(b)We refute this with the words 'Klapei Laya' - meaning 'Which way does this lean'? (i.e. it should really be the other way! )

(c)So we invert the statement, so that Beis Hillel agree with Beis Shamai that, if the entrance is on top of the chambers, the Chatzer will require four Amos - because when a person clambers out of the chamber, his hands and part of his clothing are likely to jut out over the airspace of the Chatzer, creating an Ohel over whoever is close to the side, rendering him Tamei Mes.

3)

(a)What does the Beraisa learn from the extra 'Hey' in "v'Lo Lekachah" (in the Pasuk "Mi ha'Ish Asher Eiras Ishah v'Lo Lekachah")?

(b)The author of this Beraisa could even be Rebbi Yosi ha'Glili, who interprets "ha'Yarei v'Rach ha'Leivav" to include soldiers who are afraid of their sins (and who return from the battlefront anyway) because of a statement of Rabah. What did Rabah say (regarding an Almanah l'Kohen Gadol)?

(c)Why does Rabah address specifically an Almanah u'Gerushah l'Kohen Gadol, and not other Chayvei Lavin?

3)

(a)From the extra 'Hey' in "v'Lo Lekachah" (in the Pasuk "Mi ha'Ish Asher Eiras Ishah v'Lo Lekachah") - the Beraisa precludes a soldier who is betrothed to one of the Chayavei Lavin (e.g. if he is a Kohen and she, a Gerushah, or if he is a Yisrael, and she, a Mamzeres) from returning from the battlefront.

(b)The author of this Beraisa could even be Rebbi Yosi ha'Glili, who interprets "ha'Yarei v'Rach ha'Leivav" to include soldiers who are afraid of their sins (and who return from the battlefront anyway) because of a statement of Rabah - who learns from the Pasuk in Emor (regarding a Kohen Gadol) "Almanah u'Gerushah Lo Yikach ... v'Lo Yechalel Zar'o ... " that although the Torah writes "Lo Yikach" (implying Kidushin), one only really transgresses a Lav when it comes to "v'Lo Yechalel" (for which "Lo Yikach" is merely a preparation).

(c)Rabah addresses specifically an Almanah u'Gerushah l'Kohen Gadol, and not other Chayavei Lavin - because by other Chayavei Lavin, the Torah uses a Lashon of "Lo Yavo" or "Lo Sischaten" (which automatically implies Bi'ah), precluding betrothal.

4)

(a)What Derech Eretz does the Tana learn from the order of the Pesukim "Mi ha'Ish Asher Banah Bayis ... Asher Nata Kerem ... Asher Eiras Ishah"?

(b)Which wise man gave the same advise in which Sefer?

(c)How does the Beraisa interpret the Pasuk in Mishlei metaphorically, with each phrase referring to one item?

(d)Alternatively, "Hachein ba'Chutz Melachtecha" refers to Mikra and Mishnah, "v'At'dah ba'Sadeh Lach" to Gemara and "u'Vanisa Beisecha", to good deeds. How does Rebbi Eliezer Beno shel Rebbi Yosi ha'Glili develop this Derashah even further?

4)

(a)The Tana learns from the order of the Pesukim "Mi ha'Ish Asher Banah Bayis ... Asher Nata Kerem ... Asher Eiras Ishah" - that it is considered Derech Eretz to build a house and plant a vineyard (representing a home and a source of income) before getting married.

(b)Shlomo ha'Melech gave the same advise - in Sefer Mishlei, where he said "Hachein ba'Chutz Melachtecha, v'At'dah ba'Sadeh Lach, u'Vanisa Beisecha" ...

(c)... which the Beraisa also interprets metaphorically with reference to - Mikra (Chumash and Tanach), Mishnah and Gemara, respectively.

(d)Alternatively, "Hachein ba'Chutz Melachtecha" refers to Mikra and Mishnah, "v'At'dah ba'Sadeh Lach" to Gemara and "u'Vanisa Beisecha", to good deeds; whereas according to Rebbi Eliezer Beno shel Rebbi Yosi ha'Glili - "Hachein ba'Chutz Melachtecha" refers to Mikra, Mishnah and Gemara, "v'At'dah ba'Sadeh Lach" to good deeds, and "u'Vanisa Beisecha", to Pilpul (a deeper level of Torah understanding).

5)

(a)We learned in our Mishnah that if the soldier merely rebuilt his house, he does not return from the battlefront. What is the minimum he would have to have added in order to be obligated to return?

(b)The Torah writes in Ki Setzei "Ki Yikach Ish Ishah Chadashah Lo Yeitzei ba'Tzava". What does the Tana learn from ...

1. ... "Ishah"?

2. ... "Chadashah"?

(c)And what does another Tana learn from the continuation of the Pasuk ...

1. ... "v'Lo Ya'vor Alav l'Chol Davar"?

2. ... "Alav"?

(d)Having written "v'Lo Ya'avor Alav", why does the Torah then need to add "Lo Yeitzei ba'Tzava"?

5)

(a)We learned in our Mishnah that if the soldier merely rebuilt his house, he does not return from the battlefront. The minimum he would have to have added in order to return is - one row of bricks either to the height or to the length, of the wall.

(b)The Torah writes in Ki Setzei "Ki Yikach Ish Ishah Chadashah Lo Yeitzei ba'Tzava". The Tana learns from ...

1. ... "Ishah" - that the soldier is not obligated to go to war even if he married a widow or a divorcee.

2. ... "Chadashah" - that he is obligated to go if he remarried his ex-wife.

(c)Another Tana learns from the continuation of the Pasuk ...

1. ... "v'Lo Ya'avor Alav l'Chol Davar" - that he does not even need to join the supply force or to build roads, but simply remains at home.

2. ... "Alav" - that a soldier who built a house and did not consecrate it, one who planted a vineyard and did not eat its fruit in Yerushalayim or redeem it, and one who betrothed a woman and did not yet marry her is sent back from the battlefront to join the supply force or to build roads.

(d)Having written "v'Lo Ya'avor Alav", the Torah nevertheless added "Lo Yeitzei ba'Tzava" - to place two Lavin on one who transgresses.

6)

(a)Our Mishnah now discusses the Pasuk "Mi ha'Ish ha'Yarei v'Rach he'Leivav". We have already cited the opinion of Rebbi Yosi ha'Glili who ascribes it to a soldier who is afraid of the sins he has performed. How does Rebbi Akiva interpret it?

(b)According to Rebbi Yosi ha'Glili, why did the Torah order a soldier who did not consecrate his house or his vineyard or who did not marry his betrothed, to return from the battlefront?

6)

(a)Our Mishnah now discusses the Pasuk "Mi ha'Ish ha'Yarei v'Rach he'Leivav". We have already cited the opinion of Rebbi Yosi ha'Glili who ascribes it to a soldier who is afraid of the sins he has performed. According to Rebbi Akiva - the Pasuk is speaking about a soldier who is literally terrified of war.

(b)According to Rebbi Yosi ha'Glili, the Torah ordered a soldier who did not consecrate his house or his vineyard or who did not marry his betrothed, to return from the battlefront - as a cover-up for the one who is afraid of war (in order to spare him the embarrassment, when he leaves the battlefield in full view of his fellow soldiers), since now nobody knows for which of the above reasons each soldier is returning.

7)

(a)What was the role of the officers who stood ...

1. ... at the front of the troops?

2. ... behind them? What were they holding in their hands?

(b)What does the Tana learn from the Pasuk in Shmuel "va'Yanusu Anshei Yisrael Mipnei Pelishtim va'Yiplu Chalalim" (it is unclear why the Tana also quotes the Pasuk "Nas Yisrael Lifnei Pelishtim ... ")?

(c)In view of what we have learned until now, under what circumstances must even a Chasan leave his room and a Kalah her Chupah in order to go to war?

(d)According to Rebbi Yehudah, a Chasan and Kalah are exempt from joining the army even for a Milchemes Mitzvah. Does this mean that they are never obligated to go to war?

7)

(a)The role of the officers who stood ...

1. ... at the front of the troops was - to help those who fell to arise and encourage them to continue fighting.

2. ... behind them was - to prevent soldiers from running away, if necessary with the help of the metal arrow-shaped staffs that they were holding for that purpose.

(b)The Tana learn from the Pasuk "va'Yanusu Anshei Yisrael Mipnei Pelishtim va'Yiplu Chalalim" - that fleeing leads to falling (it is unclear why the Tana also quotes the Pasuk "Nas Yisrael Lifnei Pelishtim ... ").

(c)In view of what we have learned until now, even a Chasan must leave his room and a Kalah her Chupah in order to go to war - in the case of a Milchemes Mitzvah (which will be explained shortly).

(d)According to Rebbi Yehudah, a Chasan and Kalah are exempt from joining the army even for a Milchemes Mitzvah. This does not mean that they are never obligated to go to war - because by a Milchemes Chovah, they are (and this too, will be explained shortly).

44b----------------------------------------44b

8)

(a)According to Rebbi Yosi ha'Glili in our Mishnah, a soldier who has performed sins must return from the battlefront. Rebbi Yosi then says 'Almanah l'Kohen Gadol, Gerushah va'Chalutzah l'Kohen Hedyot, Mamzeres u'Nesinah l'Yisrael'. In which point is Rebbi Yosi coming to argue with Rebbi Yosi ha'Glili?

(b)Who is then the author of the Beraisa that obligates a soldier who spoke between putting on the Tefilin Shel Yad and the Tefilin Shel Rosh, to return from the battlefront?

(c)When is talking between the two Tefilin not considered a sin?

(d)It certainly seems as if the author of the Beraisa that permits a soldier who breaks out in a cold sweat whenever he hears the sound of war, to leave the battlefront, is Rebbi Yosi ha'Glili. On what grounds do we establish it even like Rebbi Akiva? From which Pasuk do we learn this?

8)

(a)According to Rebbi Yosi ha'Glili in our Mishnah, a soldier who has performed sins must return from the battlefront. Rebbi Yosi, who says 'Almanah l'Kohen Gadol, Gerushah va'Chalutzah l'Kohen Hedyot, Mamzeres u'Nesinah l'Yisrael' - disagrees with Rebbi Yosi ha'Glili, who maintains that even a soldier who transgressed an Aveirah d'Rabanan must return from the battlefield; whereas in his opinion, it is only a soldier who has transgressed an Aveirah min ha'Torah who is sent back. Note: Rebbi Yosi concedes that he is sent back for a Chalutzah l'Kohen Hedyot and a Nesinah l'Yisrael, includes, even though they are only mid'Rabanan (see Mefarshei ha'Mishnah).

(b)The author of the Beraisa that obligates a soldier who spoke between putting on the Tefilin Shel Yad and the Tefilin shel Rosh (an Isur mid'Rabanan), to return from the battlefront - is clearly Rebbi Yosi ha'Glili.

(c)Talking between the two Tefilin is not considered a sin - if one recited a second Berachah (though Tosfos in Menachos disagrees with this).

(d)It certainly seems as if the author of the Beraisa that permits a soldier who breaks out in a sweat whenever he hears the sound of war to leave the battlefront is Rebbi Yosi ha'Glili. However - based on the Pasuk "v'Lo Yimas L'vav Echav Ki'Levavo", we establish it even like Rebbi Akiva, who agrees that such a person is more of a liability to an army than an asset.

9)

(a)How do we amend the Mishnah 'Mipnei she'Techilas Nisah Nefilah'?

(b)The Rabanan in our Mishnah restrict the Din of returning from war to a Milchemes Reshus, but obligate everyone to go and fight a Milchemes Mitzvah; Rebbi Yehudah makes the same distinction, but with regard to a Milchemes Mitzvah and a Milchemes Chovah. What is the basis of their Machlokes with regard to our Mishnah?

(c)How do both opinions categorize ...

1. ... the conquest of Eretz Kena'an with Yehoshua (and the battle against Amalek)?

2. ... the conquests of David ha'Melech (which were merely in order to expand his territory)?

(d)Their dispute then, is over a battle that is about to be fought to contain an enemy, to prevent him from attacking. Seeing as according to both opinions, the Torah obligates the respective soldiers to return from the battlefront, what are the ramifications of their Machlokes (based on the principle 'ha'Osek ba'Mitzvah Patur min ha'Mitzvah')?

9)

(a)We amend our Mishnah 'Mipnei she'Techilas Nisah Nefilah' to read - 'Mipnei she'Techilas Nefilah Nisah'.

(b)The Rabanan in our Mishnah restrict the Din of returning from war to a Milchemes Reshus, but obligate everyone to go join the army to fight a Milchemes Mitzvah; Rebbi Yehudah makes the same distinction, but with regard to a Milchemes Mitzvah and a Milchemes Chovah. The basis of their Machlokes with regard to our Mishnah is one of terminology only - what the one refers to as Reshus and Mitzvah, the other refers to as Mitzvah and Chovah.

(c)Both opinions categorize ...

1. ... the conquest of Eretz Kena'an with Yehoshua (and the battle against Amalek) - as Chovah.

2. ... the conquests of David ha'Melech (which he fought merely with the intention of expanding his territory) - as Reshus.

(d)Their dispute then, is over a battle that is about to be fought to contain an enemy, to prevent him from attacking. According to both opinions, the Torah obligates the respective soldiers to return from the battlefront - and it is not with regard to them that they argue, but over the soldiers that remain. Based on the principle 'ha'Osek b'Mitzvah Patur Min ha'Mitzvah', the Rabanan, who consider it Reshus, do not exempt them from a second Mitzvah that comes their way whilst they are occupied with that battle, whereas according to Rebbi Yehudah, it is a Mitzvah, and they are Patur.

HADRAN ALACH 'MASHU'ACH MILCHAMAH'

PEREK EGLAH ARUFAH

10)

(a)What does Rebbi Avahu learn from the 'Gezeirah-Shavah' "v'Anu v'Amru" (by Eglah Arufah) and "v'Anu ha'Leviyim v'Amru" (by the Berachos and the Kelalos)?

(b)According to the Tana Kama of our Mishnah, three judges from the Beis-Din ha'Gadol in Yerushalayim had to participate in the ceremony of Eglah Arufah. What does Rebbi Yehudah learn from the Pasuk "v'Yatz'u Zekeinecha v'Shoftecha"?

(c)If the murdered man is found hidden in a pile of stones or hanging from a tree, the Din of Eglah Arufah does not apply. What is the third case that the Tana precludes from the word "ba'Adamah"?

(d)What do the following cases have in common 'If the murdered man is found near the border, near a town which is inhabited mainly by Nochrim or near a town that has no Beis-Din?

10)

(a)Rebbi Avahu learns from the 'Gezeirah-Shavah' "v'Anu v'Amru"(by Eglah Arufah) and "v'Anu ha'Leviyim v'Amru" (by the Berachos and the Kelalos) - that the elders and the Kohanim who spoke by the ceremony of the Eglah Arufah had to speak in Lashon ha'Kodesh.

(b)According to the Tana Kama of our Mishnah, three judges from the Beis-Din ha'Gadol in Yerushalayim had to participate in the ceremony of Eglah Arufah. Rebbi Yehudah learns from the Pasuk "v'Yatz'u Zekeinecha v'Shoftecha" - that five judges were required (two from "Zekeinecha", two from " v'Shoftecha" and one additional judge, because no Beis-Din was permitted to comprise an even number.

(c)If the murdered man is found hidden in a pile of stones or hanging from a tree, the Din of Eglah Arufah does not apply. The third case that the Tana precludes from the word "ba'Adamah" - is when he is found floating on water.

(d)'If the murdered man is found near the border, near a town which is inhabited mainly by Nochrim or near a town which has no Beis-Din - the neck of the Eglah Arufah is not broken (alternatively, they do not even measure in the first place).

11)

(a)The Tana Kama of our Mishnah, who requires only three judges from the Beis-Din ha'Gadol to participate in the ceremony of the Eglah Arufah, is Rebbi Shimon. What does Rebbi Shimon then learn from the word "v'Shoftecha"?

(b)What does Rebbi Yehudah learn from "Ziknei" - "Zekeinecha"?

(c)According to Rebbi Shimon, what would we have thought had the Torah written "Ziknei" (forcing it to write "Zekeinecha)?

11)

(a)The Tana Kama of our Mishnah (who requires only three judges from the Beis-Din ha'Gadol to participate in the ceremony of the Eglah Arufah, is Rebbi Shimon, who learns from the word "v'Shoftecha" - that it is the top judges (from the Beis-Din ha'Gadol) who must participate in the ceremony.

(b)Rebbi Yehudah learns from "Ziknei" - "Zekeinecha" - what Rebbi Shimon just learned from "v'Shoftecha".

(c)According to Rebbi Shimon, the Torah is forced to write "Zekeinecha" - because had it written "Ziknei", we would have thought that any elder from the market-place is eligible (so the Torah wrote "Zekeinecha" to preclude him, and "v'Shoftecha", to preclude even judges who are members of the Sanhedrei Ketanah, [until they belong to the Beis-Din ha'Gadol]).

12)

(a)We suggest that Rebbi Yehudah learns that judges from the Beis-Din ha'Gadol are required from a 'Gezeirah-Shavah' "Ziknei" from "Ziknei ha'Eidah" (leaving "v'Shoftecha to add another two judges). In which connection does the Torah write "Ziknei ha'Eidah"?

(b)On what grounds do we refute this suggestion?

(c)So from where does Rebbi Yehudah ultimately learn ...

1. ... that the judges must be from the Beis-Din ha'Gadol?

2. ... that five judges are required?

(d)What does Rebbi Shimon learn from the extra 'Vav'?

12)

(a)We suggest that Rebbi Yehudah learns that judges from the Beis-Din ha'Gadol are required from a 'Gezeirah-Shavah' "Ziknei" from "Ziknei ha'Eidah" (leaving "v'Shoftecha to add another two judges). The Torah writes "Ziknei ha'Eidah" - in connection with the Mitzvah of leaning one's hands on the 'Par He'elam Davar shel Tzibur (the bull brought by the community who sinned due to a mistaken ruling issued by the Sanhedrin).

(b)We refute this suggestion however - on the grounds that since five judges are also required by the Din of the Par He'elam Davar shel Tzibur, we could have learned that too, from the 'Gezeirah-Shavah' (and the word "v'Shoftecha" would then be superfluous).

(c)Rebbi Yehudah ultimately learns ...

1. ... that the judges must be from the Beis-Din ha'Gadol - from the word "v'Shoftecha" (and not from a 'Gezeirah-Shavah').

2. ... that five judges are required - from the extra 'Vav'.

(d)Rebbi Shimon - does not learn anything from the extra 'Vav', because he does not consider it superfluous.

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