YEVAMOS 71 - Dedicated l'Iluy Nishmas Hershel Avraham ben Simcha Yosef z'l by his daughter and son in law.

[71a - 51 lines; 71b - 42 lines]

1)[line 1]המרת דתHAMARAS DAS- (a) apostasy; (b) worshiping a foreign god (RAMBAM Korban Pesach 9:7)

2)[line 2]במעשרB'MA'ASER (MA'ASER SHENI)

(a)Once a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Although the Torah does not specify how much to give, the Rabanan set the requirement at between one fortieth and one sixtieth of the total crop.

(b)Once Terumah is separated from the produce, the first tithe must be separated. One tenth of the remaining produce is given to a Levi; this is known as Ma'aser Rishon. The Levi, in turn, must separate one tenth of his Ma'aser Rishon and give it to a Kohen (Bamidbar 18:26). This is called Terumas Ma'aser.

(c)Once Terumah Gedolah and Ma'aser Rishon have been separated from the crop, it is time to separate the second tithe. In the third and sixth years of the seven-year Shemitah cycle this tithe is called Ma'aser Ani, and it is given to the poor.

(d)During the first, second, fourth and fifth years of the seven-year Shemitah cycle, the second tithe is called Ma'aser Sheni. Ma'aser Sheni must be brought to Yerushalayim and eaten there while one is in a state of purity (Devarim 13:22-28). The various laws of Ma'aser Sheni are learned from the verses which begin, "Aser Te'aser Eis Kol Tevu'as Zar'echa..." (Devarim 13:22-28).

(e)If it is impractical to bring the actual food to Yerushalayim, Ma'aser Sheni produce may be redeemed with money. This money receives the status of Ma'aser Sheni, and is then brought to Yerushalayim. In Yerushalayim the money is used to buy food, which in turn receives the Kedushah of Ma'aser Sheni and must be eaten b'Taharah in Yerushalayim.

3)[line 6]מאיסMA'IS- that it is disgusting [in the eyes of HaSh-m]

4)[line 8]דלבו לשמיםD'LIBO L'SHAMAYIM- that his heart is true to HaSh-m [since (a) he wishes to circumcise himself, but he is not allowed to since his brothers died as a result of the procedure (RASHI to 70a); (b) he is too scared to circumcise himself, although he knows that it is the correct thing to do (RABEINU TAM, cited by TOSFOS YESHANIM to 70a)

5)[line 9]ממנו ממנוMIMENU MIMENU- the word "Mimenu" written [three] times [regarding the Korban Pesach] (Shemos 12:9-10)

6)[line 9]לכדרבה א''ר יצחקLICHED'RABAH AMAR REBBI YITZCHAK- as Rabah explains in the name of Rebbi Yitzchok (see 74a)

7)[line 11]"איש איש [מזרע אהרן והוא צרוע או זב בקדשים לא יאכל]""ISH ISH [MI'ZERA AHARON V'HU TZARU'A O ZAV, BA'KODASHIM LO YOCHAL...]"- "Any man [from the offspring of Aharon who has Tzara'as or is a Zav, he may not eat that which is holy....]" (Vayikra 22:4) - This verse teaches who may not partake of Terumah.

8)[line 12]האונןHA'ONEN (ANINUS)

(a)On the day upon which one of a person's seven closest relatives for whom he is required to arrange burial (father, mother, brother, sister, son, daughter, and spouse) passes away, he has the status of an Onen. A Kohen who is an Onen may not perform Avodah (Divine service) in the Beis ha'Mikdash unless he is the Kohen Gadol (Vayikra 10:7, 21:1-4). Moreover, no Onen - even a Kohen Gadol - may partake of Kodshim, Bikurim or Ma'aser Sheni.

(b)For a further discussion of Aninus and the difference between Aninus mid'Oraisa and Aninus mid'Rabanan, see Background to Yevamos 73:1.

9)[line 13]"וכל זר [לא יאכל קדש]""V'CHOL ZAR [LO YOCHAL KODESH]"- "And every non-Kohen [may not eat Terumah....]" (Vayikra 22:10) - This verse could just as easily have stated, "And a non-Kohen..." (without the word "v'Chol," "and every")

10)[line 14]ומה ראיתU'MAH RA'IS?- and what did you see [that made you decide that the wording of "Ish Ish" excludes a Kohen from eating Terumah while "v'Chol Zar" includes an Onen, instead of deriving just the opposite]?

11)[line 16]מעשי''ם כרותי''ם בדב''ר העב''ד(MA'ASI''M KERUSI''M BI'DEVA''R HA'EVE"D)- this is a mnemonic device that hints to the four ways in which Arelus is more stringent than Aninus. See Background to Yevamos 70:39 (and the following four entries on this Daf).

12)[line 16]מחוסר מעשהMECHUSAR MA'ASEH- it is lacking an action

13)[line 17]כרתKARES (KARES AND MISAH B'YEDEI SHAMAYIM: Heavenly Punishment of Untimely Death)

(a)Some sins are so severe that they are punished with untimely death. There are two types of untimely death that are used as heavenly punishments: Kares, and Misah b'Yedei Shamayim. Kares means "being severed" from the world and dying before one's time. Misah b'Yedei Shamayim means "death at the hands of heaven." These punishments are not administered by the courts, but through divinely administered justice.

(b)One who deliberately transgresses a commandment that is punishable with either Kares or Misah b'Yedei Shamayim is punished even if there are no witnesses to his act, and even if he was not warned at that time of his transgression that his violation will result in his untimely death.

(c)The Tif'eres Yisrael, in his commentary to Sanhedrin 9:6, lists a number of differences between Misah b'Yedei Shamayim and Kares:

1.One who is punished with Kares will die before age 60 (according to Moed Katan 28a, or before the age of 50, according to the Yerushalmi Bikurim 2:1). One punished with Misah b'Yedei Shamayim will die after the age of 60 but before his time has come (according to Moed Katan ibid., or before the age of 60, according to the Yerushalmi ibid.)

2.When one is punished with Kares, even his children (who are minors at the time of his sin) die, and he bears no further children. When one is punished with Misah b'Yedei Shamayim, only he is punished and not his children (Yevamos 55a and RASHI there; see, however, RIVA in Tosfos to Yevamos 2a DH Eshes, who maintains that Kares only involves the death of one's children in the two cases where the Torah adds the word "Ariri." However, he might be referring to the death of children who are not minors.)

3.Some add that when punished with Misah b'Yedei Shamayim, the sinner's cattle and possessions slowly expire until he is left destitute - see Insights to Yevamos 73:2 and Insights to Pesachim 32:2.

4.In addition to the above, in certain instances a form Kares is prescribed in which the sinner not only dies before his time but is also 'severed' (Nichras) from receiving a portion in the World to Come (see Sanhedrin 64b, 90b).

(d)As stated in the Mishnah at the beginning of Kerisus, there are 36 sins listed in the Torah for which one receives Kares: the sixteen forbidden conjugal relations listed in the Torah (Vayikra 18); one who curses G-d; an idol worshipper; one who worships Molech (see Background to Sanhedrin 53:5); one who practices Ov (see Background to Pesachim 113:62); one who desecrates Shabbos; one who ate Kodshim or entered the Mikdash while in a state of Tum'ah; one who consumed blood, Nosar (see Background to Pesachim 120:9), or Pigul (see Background to 6:60); one who slaughters or offers a sacrifice outside of the Mikdash; one who eats Chametz on Pesach; one who eats or performs Melachah on Yom Kipur; one who compounds Shemen ha'Mishchah (the oil made by Moshe Rabeinu to anoint the Mishkan and its vessels, Kohanim Gedolim, and the kings of the Davidic dynasty) or the Ketores (see Background to 11:25) for his own use; one who anoints himself with Shemen ha'Mishchah; one who neglects to give himself a Bris Milah; and one who neglects to offer a Korban Pesach.

14)[line 17]וישנו לפני הדבורV'YESHNO LIFNEI HA'DIBUR- and it existed prior to the giving of the Torah

15)[line 18]ומילת זכריו ועבדיו מעכבתMILAS ZECHARAV V'AVADAV M'AKEVES- the [lack of] circumcision of his sons and Nochri slaves prevents [him from offering a Korban Pesach]

16)[line 19]ישנה בכל שעהYESHNAH B'CHOL SHA'AH- is [potentially] applicable at any time [as opposed to Milah, which any given person can only perform once]

17)[line 20]ואין בידו לתקן עצמוEIN B'YADO L'SAKEN ATZMO- he lacks the ability to fix himself [since an Onen retains his status until the end of the day]

18)[line 21]הנך נפישןHANACH NEFISHAN- those [ways in which Arelus is more stringent than Aninus] are greater in number

19)[line 25]ערבי מהולARAVI MAHUL- a circumcised Arab

20)[line 26]וגבעוניV'GIV'ONI- and a member of a certain Nochri nation that practice circumcision (this does not refer to the Giv'onim, who converted to Judaism; some, in fact, have the Girsa "GIVNONI")

21)[line 26]והני מולין נינהוHANEI MULIN NINHU?- are these [considered] circumcised [such that is necessary for a verse other than that which already excludes "Arelim" to exclude them]?

22)[line 27]"קונם שאני נהנה לערלים""KONAM SHE'ANI NEHENEH L'ARELIM"- [if someone says] "I hereby vow to refrain from benefiting from those who are uncircumcised"

23)[line 32]להטיף ממנו דם בריתL'HATIF MI'MENU DAM BRIS- to let a drop of blood from the place of circumcision

24)[line 34]מעליאME'ALYA- full-fledged

25)[line 36]דברה תורה כלשון בני אדםDIBRAH TORAH K'LASHON BNEI ADAM - the Torah speaks in the vernacular

Every word in the Torah was placed there specifically by HaSh-m and contains worlds of insight and nuance. For the purposes of homiletics and derivation, however, there are opinions that maintain that a phrase in the Torah that parallels the spoken word is not considered extraneous even though it would have been possible to state the same idea more succinctly.

26)[line 38]לסוכוL'SUCHO- to anoint [which is Halachically analogous to drinking (Shabbos 86a)]

27)[line 39]שלא בזמנהSHE'LO BI'ZEMANAH- before the time has arrived to remove it; i.e., before eight days of one's life have elapsed

28a)[line 41]מילת זכריו בשעת עשיהMILAS ZECHARAV BI'SHE'AS ASIYAH- [that] the [lack of] circumcision of his sons [prevents him] from slaughtering [the Korban Pesach on the afternoon of the fourteenth of Nisan] (see (a) of next entry)

b)[line 41]ועבדיו בשעת אכילהV'AVADAV BI'SHE'AS ACHILAH- and [the lack of circumcision of] his Nochri slaves [prevents him] from eating [the Korban Pesach on the night of the fifteenth of Nisan] (see (b) of next entry)

29a)[line 43]"[כל עבד איש מקנת כסף ומלתה אתו] אז [יאכל בו]""[V'CHOL EVED ISH MIKNAS KASEF; U'MALTA OSO,] AZ [YOCHAL BO]"- "[And every Nochri slave who is a monetary acquisition; circumcise him, and] then [eat from it]" (Shemos 12:44). This verse refers to the Korban Pesach.

b)[line 43]"[... המול לו כל זכר ו]אז [יקרב לעשתו]...""... HIMOL LO CHOL ZACHAR V']AZ [YIKRAV LA'ASOSO...]"- "[... circumcise every male in your household and] then [approach to slaughter it....]" (Shemos 12:48) - This verse, too, refers to the Korban Pesach.

30)[line 43]לגזירה שוהL'GEZEIRAH SHAVAH (GEZEIRAH SHAVAH)

(a)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of these is Gezeirah Shavah, in which two identical words (or two words that share the same root) that appear in two different sections of the Torah reveal that the Halachos applicable to one section apply to the other and vice versa.

(b)One may apply a Gezeirah Shavah only if he has received a tradition from his teachers that such a connection between the two words exists. Once the connection is established, however, then one may derive Halachos that were not specified in the tradition.

(c)A Gezeirah Shavah is unlimited; one may not pick and choose which Halachos he would like to apply. This facet of a Gezeirah Shavah is termed "Ein Gezeirah Shavah l'Mechetzah." This rule is waived in the case of an explicit teaching that precludes the application of a specific Halachah.

(d)There are three possible configurations for a Gezeirah Shavah:

1.MUFNEH MI'SHNEI TZEDADIM - If both words are seemingly unnecessary and are not used in the derivation of any other teaching, then all of the rules described above apply.

2.MUFNEH MI'TZAD ECHAD - If the word in only one of the sections is available, some maintain that such a Gezeirah Shavah is no more limited than one that is Mufneh mi'Shnei Tzedadim. Others rule that Halachos may be derived from such a Gezeirah Shavah only if there is no argument against them. This status is known as "Lemedin u'Meshivin."

3.EINO MUFNEH KOL IKAR - If neither word is free, then those opinions who maintain that a Gezeirah Shavah that is Mufneh mi'Tzad Echad is unlimited grant such a Gezeirah Shavah the status of Lemedin u'Meshivin. Those who applied Lemedin u'Meshivin to a Gezeirah Shavah that is Mufneh mi'Shnei Tzedadim rule that this one may not be used to determine any Halachos whatsoever.

31)[line 45]דזבנינהו ביני ביניD'ZAVNINHU BEINI BEINI- that he purchased them in between [the slaughter and the consumption of the Korban Pesach]

32)[line 47]דאתילודD'ISYELUD- that he was born

33)[line 50]שחלצתו חמהSHE'CHALATZTO CHAMAH- that his fever [that prevented him from receiving a Bris Milah] left him [in between the slaughter and the consumption of the Korban Pesach]

34)[line 50]וניתוב ליה כל שבעהV'NEISOV LEI KOL SHIV'AH!- and give him an additional seven days [after he recovers, since the day that he recovers is similar to the day that he is born (71b)]

35)[last line]ונימהליה מצפראV'NIMHALEI MI'TZAFRA!- [in that case] he should have been available for circumcision in the morning [of the seventh day following his recovery, in which case his lack thereof should have prevented even the slaughter of the Korban Pesach]!

71b----------------------------------------71b

36)[line 1]מעת לעתME'ES L'ES- from [the] time [of day that he recovered] to [the same] time [of day seven days later]

37)[line 1]לודאהLUDA'AH- "the Lydian"; this was how a certain Amora was referred to. Lydia is a district of Asia Minor.

38)[line 1]יום הבראתו כיום הולדוYOM HAVRA'ASO K'YOM HIVALDO- the day that [a newborn boy] recovers [from a fever] is similar to the day that he is born [and one must wait for seven days before circumcising him]

39)[line 4]עדיףADIF- is more [stringent]

40)[line 6]דכאיב ליה עיניה לינוקאD'KA'IV LEI EINEI L'YENUKA- that the eye of the infant was hurting him [to the degree that it was dangerous to circumcise him]

41)[line 7]ואיתפחV'ISPACH- and he healed

42)[line 8]חבושין בבית האסוריןCHAVUSHIN B'VEIS HA'ASURIN- incarcerated in prison

43)[line 10]טומטוםTUMTUM- one whose genitals are covered [such that it is impossible to determine whether he is male or female]

44)[line 10]שנקרעSHE'NIKRA- whose [flap of skin covering his genitals] tore

45)[line 11]שהוציא ראשו חוץ לפרוזדורSHE'HOTZI ROSHO CHUTZ LA'PEROZDOR- that his head emerged from the birth canal [and remained in that position for seven days until after the slaughter of the Korban Pesach]

46a)[line 13]נפתח הסתוםNIFTACH HE'SASUM- the [mouth which had been previously] sealed opens [and (a) he now needs to eat and cannot survive without doing so for seven days (RASHI); (b) he cannot breathe when he is not fully born and cannot live for more than a moment (see MAHARAM)]

b)[line 13]ונסתם הפתוV'NISTAM HA'PASU'ACH- and the [umbilical cord which had been previously] open closes

47)[line 13]שאלמלאSHE'ILMALEI- that if not for

48)[line 15]דזנתיה אישתאD'ZANSEI EISHATA- that a fever sustained him

49)[line 18]ה''מ היכא דלא מעויHANEI MILEI HEICHA D'LO ME'AVEI- that [which a baby in this condition cannot survive] applies only to a case in which (a) the baby does not cry [in which case his body is not heated and he needs to eat (MAHARSHAL)]; (b) the baby does not cry [in which case he is unable to breathe (RASHI to SHABBOS 134; ARUCH; see MAHARAM ibid.)]; (c) according to the Girsa ME'URA, the umbilical cord is unattached to his mother [in which case he is not sustained through it (TOSFOS DH v'Iba'is Eima)]

50)[line 20]הזאהHAZA'AH (MEI CHATAS)

If a person or utensil becomes Tamei by touching a Mes or being in the same room as a Mes (or part of a Mes which is Metamei b'Ohel), he/it must wait seven days before he/it is able to go to the Mikvah in order to become Tahor. On the third and seventh days, Mei Chatas is sprinkled on the person or utensil. Mei Chatas is a mixture of ashes of a Parah Adumah (see Background to Sukah 13:11:I) and spring water. A person who is Tahor dips three Ezov branches which have been bound together into the mixture, and sprinkles them on the person or utensil which is Tamei. After this process is complete, the person or utensil is immersed in a Mikvah. Once night falls, the purification process is complete (Bamidbar 19:17-19).

51)[line 22]"והעם עלו מן הירדן בעשור לחדש הראשון [ויחנו בגלגל בקצה מזרח יריחו]""VEHA'AM ALU MIN HA'YARDEN B'ASOR LA'CHODESH HA'RISHON [VAYACHANU BA'GILGAL BIK'TZEI MIZRACH YERICHO]" - "And the people came up from the Jordan on the tenth of the first month, [and they encamped in Gilgal, at the eastern edge of Yericho]" (Yehoshua 4:19) (BNEI YISRAEL ARRIVE IN ERETZ YISRAEL)

(a)At long last Bnei Yisrael reached their destination, forty years after leaving Egypt. Moshe Rabeinu had died thirty-three days earlier. They had just encountered the miracle of the splitting of the Jordan River, culminating with the Kohanim carrying the Aron Kodesh and then themselves being flown across by the Aron after the water returned to its place. Had Uza remembered this miracle before he grabbed the Aron to prevent it from falling, his life would have been spared.

(b)Now they were all set to conquer Eretz Yisrael, but first they had to prepare for the Korban Pesach, four days latter. Consequently, Bris Milah was now the top priority, as without it there would be no Korban Pesach. Besides, living in Eretz Yisrael itself depended on being circumcised, as is evident from the juxtaposition at the end of Parshas Lech Lecha of the Mitzvah of Bris Milah with HaSh-m's promise to give Eretz Yisrael to Avraham's children.

52)[line 23]חולשא דאורחאCHULSHA D'ORCHA- weariness from the journey

53)[line 24]הזאה אימת עביד להוHAZA'AH EIMAS AVID LEHU?- when did they perform Haza'ah? Those who traveled in the desert became Tamei from a corpse (a) when their parents, members of the old generation, died (RASHI); (b) during the war with Moav and Bashan (RASHBA). They received Haza'ah either in the desert when they were uncircumcised, or when they first arrived in Eretz Yisrael. Even if they were circumcised on the first possible day - the eleventh of Nisan - and then received the first of their two required sprinklings of Mei Chatas, the second sprinkling would have been necessary four days later. This would have been on the fifteenth of Nisan - one day after the offering of the Korban Pesach. They therefore must have received at least one Haza'ah before circumcision.

54)[line 27]פסח הבא בטומאהPESACH HA'BA B'TUM'AH HAYAH (TUM'AH HUTRAH / DECHUYAH HI B'TZIBUR)

(a)The Torah permits the offering of communal sacrifices "b'Tum'ah." This means that if the Kohanim, the Klei Shares (vessels in the Beis ha'Mikdash), or the meat or blood of the Korban itself have become Tamei, the Korban may still be offered. Included in this category are the Korbenos Temidim and Musafim of Shabbos and Yom Tov, communal Menachos such as the Minchas ha'Omer and the Shtei ha'Lechem, all of the Korbanos offered along with these Menachos, and the Korban Pesach.

(b)The Tana'im disagree as to whether the Tum'ah is Hutrah (permitted) or merely Dechuyah (pushed aside) b'Tzibur (Pesachim 77a, Yoma 7b). The Gemara in Yoma explains that this Machlokes does not apply to a case in which some Kohanim in the Mikdash are Teme'im and others are Tehorim; all opinions maintain that only the Tehorim may perform the Avodah. The dispute only exists when all of the Kohanim in the Beis Av (the group of Kohanim who perform the Avodah on a given day) are Teme'im. One opinion maintains that there is no prohibition whatsoever against offering Korbenos Tzibur b'Tum'ah ("Hutrah"), and therefore the Kohanim who are Tamei may perform the Avodah. The other view rules that if there are Kohanim from other Batei Avos who are Tahor, they should be sought for the Avodah. Since the prohibition against offering Korbenos Tzibur b'Tum'ah is pushed aside ("Dechuyah") only when necessary, it is still in force when other solutions are possible.

55)[line 30]פריעת מילהPERI'AS MILAH- [that which] the inner membrane [that lies underneath the foreskin must be removed as part] of circumcision

56)[line 31]"בעת ההיא אמר ה' אל יהושע עשה לך חרבות צרים [ושוב מל את בני ישראל שנית]""BA'ES HA'HI, AMAR HASH-M EL YEHOSHUA, 'ASEH LECHA CHARVOS TZURIM, [V'SHUV MOL ES BNEI YISRAEL SHENIS]'"- "At that time, HaSh-m said to Yehoshua, 'Make sharp flint-rocks for yourself, [and circumcise Bnei Yisrael again for a second time]" (Yehoshua 5:2).

57)[line 33]"כי מלים היו כל העם היצאים; וכל העם הַיִּלֹּדִים [במדבר בדרך בצאתם ממצרים לא מלו]""KI MULIM HAYU KOL HA'AM HA'YOTZE'IM; V'CHOL HA'AM HA'YILODIM [BA'MIDBAR BADERECH B'TZESAM MI'MITZRAYIM LO MALU]"- "For all those who left Egypt were circumcised; and the entire nation who were born [in the desert on the way after they left Egypt were uncircumcised]" (Yehoshua 5:5).

58a)[line 35]סוף מילהSOF MILAH- the removal of the final bits of foreskin

b)[line 36]לתחלת מילהL'TECHILAS MILAH- the first removal of the foreskin

59)[line 37]ציציןTZITZIN- small strips of skin

60)[line 38]בשר החופה את [רוב] העטרהBASAR HA'CHOFEH ES [ROV] HA'ATARAH- [strips of] skin that cover most of the ridge that extends beyond the circumference of the rest of the male organ (see Insights to Shabbos 137:3)

61)[line 39]ואין אוכל בתרומהV'EIN OCHEL B'TERUMAH- and [if a Kohen has such strips of the foreskin remaining] he may not eat Terumah

62)[line 41]גובההGOVHAH- the length (as opposed to the circumference)

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