YEVAMOS 82 (3 Teves) - Today's Dafyomi material has been dedicated in memory of Hagaon Rav Yisroel Zev Gustman ZT"L (author of "Kuntresei Shiurim") and his wife, Rebbetzin Sarah Gustman (daughter of Hagaon Rav Meir Bassin, Dayan in Vilna) in honor of the Yahrzeit of the Rebbetzin. Sponsored by a number of Rav Gustman's Talmidim (Harav Avrohom Feldman, Dr. Yehoshua Daniel, Reb Yechiel Wachtel, Reb Michael Starr and Rav Mordecai Kornfeld).
 
12th CYCLE DEDICATIONS
 
YEVAMOS 82 (Tisha b'Av) - Dedicated by Rabbi Dr. Eli Turkel of Ra'anana, Israel, in memory of his father, Reb Yisrael Shimon ben Shlomo ha'Levi, whose Yahrzeit is on 10 Av.

[82a - 33 lines; 82b - 20 lines]

1)[line 1]מין במינו לא בטילMIN B'MINO LO BATIL - a substance cannot be nullified in an identical substance

(a)The status of a mixture containing items with two different Halachic classifications depends on the ratio of the two elements: 1. If most of the mixture is Isur (prohibited), then the entire mixture is prohibited mid'Oraisa; 2. If most of the mixture is Heter (permitted), but the Isur constitutes more than one-sixtieth of the mixture, then the Isur has the status of a "Nosen Ta'am" (giving taste) to the Heter, and is therefore prohibited mid'Rabanan. This follows the understanding of those who maintain that "Ta'am k'Ikar" (the taste of a food item must Halachically be dealt with as its essence) is a Rabbinic law. There are those, however, who are of the opinion that "Ta'am k'Ikar" is mid'Oraisa. According to this view, if the two elements of the mixture do not have the same taste then the entire mixture would be prohibited mid'Oraisa; 3. If the amount of Isur is less than one-sixtieth of the Heter, then it is not Nosen Ta'am and the mixture is permitted.

(b)These guidelines apply to cases in which the two substances are different, and it is therefore possible for one to change the taste of the other. When a liquid of Isur is mixed with an identical liquid of Heter, the Tana'im disagree as to the status of the mixture. According to the Rabanan, since identical elements are not Nosen Ta'am to each other whatsoever, the Isur is nullified by a simple majority of Heter; a ratio of sixty parts of Heter to one of Isur is not required. According to Rebbi Yehudah, the opposite is true. Even a miniscule amount of Isur prohibits the entire mixture, since mid'Oraisa the taste of the Isur cannot be overcome by that of Heter with the identical taste. When the intermingled substances are dry, all opinions agree that the simple majority of the mixture determines the mixture's Halachic status. In our Gemara, Rebbi Yehudah disagrees only in a case in which the pieces of Chatas or Lechem ha'Panim are cooked together (TOSFOS DH Rebbi Yehudah; see also TOSFOS to 81b DH Rebbi Yehudah).

2)[line 6]טהורות בטהורותTEHOROS B'TEHOROS ADIF LEI- [Reish Lakish] prefers a case of Tahor pieces that fell into Tahor pieces [since (a) it is more difficult for a substance to be nullified in such a case (see Insights); (b) it teaches that the piece is not nullified even though it has disintegrated]

3)[line 8]בטומאת משקיןTUM'AS MASHKIN D'RABANAN

(a)All objects belong to one of three categories:

1.Sources of Tum'ah

2.Objects that can become Tamei

3.Objects that cannot become Tamei

(b)A source of Tum'ah is called an Av ha'Tum'ah ("father of Tum'ah"). The exception to this is a corpse, which is referred to as the "Avi Avos ha'Tum'ah," due to the fact that it can generate more Tum'ah than any other object. When an object becomes Tamei from coming into contact with an object which is Tamei, that object does not receive the same Tum'ah as that of the first object, but rather a level of Tum'ah one degree weaker than the first. If an object came into contact with an Av ha'Tum'ah, it is called a Rishon l'Tum'ah. Tum'ah received from a Rishon creates a Sheni l'Tum'ah, and that from a Sheni creates a Shelishi (in certain cases), etc. Any level of Tum'ah below that of an Av ha'Tum'ah is called a Vlad ha'Tum'ah ("child of Tum'ah").

(c)Mid'Oraisa, a metal utensil can become an Avi Avos ha'Tum'ah, an Av ha'Tum'ah, or a Rishon l'Tum'ah (see Insights to Pesachim 14b); all utensils other than earthenware can become an Av ha'Tum'ah or Rishon l'Tum'ah; and earthenware utensils can become a Rishon l'Tum'ah. However, the Chachamim decreed that a utensil becomes Tamei if it comes into contact with liquid that became Tamei from a Rishon or Sheni l'Tum'ah (Shabbos 14b, and Tosfos DH Ela b'Mashkin). Only in such a manner can a utensil become a Vlad ha'Tum'ah. The reason for this decree is that there are certain liquids which can make utensils Tamei mid'Oraisa. These, the bodily liquids of a Zav or Zavah, have the status of an Av ha'Tum'ah.

(d)Rav Shisha brei d'Rav Idi explains that the first case in the Beraisa discusses a case in which the piece in question became Tamei through contact with a utensil which was Tamei from a liquid.

4)[line 9]דאורייתאD'ORAISA- [deals with] the Torah prohibition [of a non-Kohen eating part of a Chatas or Lechem ha'Panim]

5)[line 9]טומאת שרץTUM'AS SHERETZ (SHEMONAH SHERATZIM)

(a)See above, entry #3:a-b.

(b)There are eight Sheratzim ("scampering animals") described by the Torah as sources of Tum'ah (Vayikra 11:29-38). A dead Sheretz or part of a dead Sheretz the size of an Adashah (lentil bean) is an Av ha'Tum'ah (Chagigah 11a). If a person or object makes either willing or unwilling contact with a Sheretz, he/it becomes Tamei; this is known as Tum'as Maga. The eight Sheratzim (based upon Rabbi Aryeh Kaplan's "The Living Torah" and other sources) are:

1.CHOLED - a weasel [alt., a martin or an ermine (ARUCH), a rat (TARGUM, TOSFOS YOM TOV), a mole or mole-rat (ARUCH), or a field mouse (TARGUM YONASAN)]. The Gemara describes a Choled as a predatory animal which tunnels under the ground, potentially weakening the foundation of a house.

2.ACHBAR - a mouse; some sources appear to include a rat in the definition of Achbar as well

3.TZAV - a toad (RASHI Vayikra 11:29, Nidah 56a; this is also evident from the Mishnah in Taharos 5:1 which implies that it is easily confused with a frog - see Rishonim there). Alternatively, a turtle (ME'AM LOEZ, TIFERES YISRAEL to Taharos ibid.). According to the Septuagint it is a land crocodile (perhaps the monitor, see KO'ACH; this would fit with the Gemara (Chulin 127a) which associates it with the salamander and snake). Others identify it as a ferret.

4.ANAKAH - a hedgehog or porcupine; alternatively, a beaver (RADAK). [The Septuagint identifies the Anakah as a mole, shrew mouse or field mouse.] Rabeinu Sa'adya Ga'on identifies it as a gecko, a type of lizard with a soft speckled hide which may grow to five inches in length; "Anachah" means to groan, and the gecko makes a groaning sound.

5.KO'ACH - a lizard (RADAK quoting RASHI) [chameleon, according to the Septuagint.] According to some translations the Ko'ach would appear to be the monitor or monitor lizard. This is the largest reptile living in the Holy Land, growing to be as long as four feet. Found on the coast, in the Negev, and in the Aravah, it feeds upon rodents and other reptiles (RADAK, RABEINU SA'ADYA GAON).

6.LETA'AH - a lizard; some identify this as the great gecko.

7.CHOMET - a snail or slug (RASHI) [alt., a lizard; alt. a skink, a short-legged lizard of which four varieties are found in Eretz Yisrael]

8.TINSHEMES - a mole (Rashi Chulin 63a) [alt., a large-headed lizard which burrows underground; most probably a species of gecko]

6)[line 15]איסור לאוISUR LAV- the prohibition [against eating Kodshim when the meat is Tamei, which is punishable by Malkus (lashes)]

7)[line 16]איסור כרתISUR KARES (KARES AND MISAH B'YEDEI SHAMAYIM: Heavenly Punishment of Untimely Death)

(a)See Background to 49:2.

(b)Rabah explains that the Seifa of the Beraisa deals with a potential Isur Kares - that of one who is Tamei eating Kodshim.

8)[line 17]לא שנא איסור לאו ולא שנא איסור כרתLO SHENA ISUR LAV V'LO SHENA ISUR KARES- [when passing a decree, the Rabanan] do not differentiate between a Torah prohibition punishable by Kares and that punishable by Kares

9)[line 19]וכל דבר שיש לו מתירין אפילו באלף לא בטילKOL DAVAR SHE'YESH LO MATIRIN AFILU B'ELEF LO BATIL

(a)The status of a mixture containing items with two different Halachic classifications depends on the ratio of the two elements: 1. If most of the mixture is Isur (prohibited), then the entire mixture is prohibited mid'Oraisa; 2. If most of the mixture is Heter (permitted), but the Isur constitutes more than one-sixtieth of the mixture, then the Isur has the status of a "Nosen Ta'am" (giving taste) to the Heter, and is therefore prohibited mid'Rabanan. This follows the understanding of those who maintain that "Ta'am k'Ikar" (the taste of a food item must Halachically be dealt with as its essence) is a Rabbinic law. There are those, however, who are of the opinion that "Ta'am k'Ikar" is mid'Oraisa. According to this view, if the two elements of the mixture do not have the same taste then the entire mixture would be prohibited mid'Oraisa; 3. If the amount of Isur is less than one-sixtieth of the Heter, then it is not Nosen Ta'am and the mixture is permitted.

(b)This holds true for most Isurim. There are, however, some classifications for which the guidelines are more stringent. One example of that which can never be nullified a Davar she'Yesh Lo Matirin, an item that will eventually be permitted. This may occur automatically through the passage of time, such as with a Muktzah item (see Background to Beitzah 2:6) on Shabbos and Yom Tov that will be permitted at the end of the day. Another possibility is that one is able to render it permitted through his actions, such as with Tevel (produce that has not yet been tithed) that can be rectified through the separation of Terumos and Ma'asros.

(c)Various reasons are offered by the Rishonim to explain why the Rabanan were more stringent with a Davar she'Yesh Lo Matirin; see Insights to Beitzah 4a.

(d)Rav Ashi maintains that since the entire mixture can be eaten by a Kohen, it has the status of a Davar she'Yesh Lo Matirin.

10)[line 21]בדותא היאBEDUSA HI- is incorrect

11)[line 21]מישרא שריMISHRA SHAREI- it has always been permitted

12a)[line 24]קופותKUPOS- [large] containers

b)[line 26]סאיןSE'IN- [small] baskets that hold one Se'ah (approximately 7.2, 8.29, or 14.4 liters)

13)[line 29]והוא שרבו חולין על התרומהV'HU SHE'RABU CHULIN AL HA'TERUMAH- this is provided that there is more Chulin [in the container] than [the Se'ah of] Terumah [so that even if the Terumah fell into the Chulin, it will be nullified (see Insights)]

14)[last line]קשיאKASHYA- it is difficult to understand [how he allows one to assume leniently in the case of a Torah prohibition]

82b----------------------------------------82b

15)[line 1]בסדר עולםSEDER OLAM- the earliest known comprehensive chronicle of Jewish history, written by the Tana Rebbi Yosi Ben Chalafta (circa 130 CE)

16)[line 2]"[והביאך ה' אלקיך אל הארץ] אשר ירשו אבותיך וירשתה והבטבך והרבך מאבותיך""[V'HEVI'ACHA HASH-M ELOKECHA EL HA'ARETZ] ASHER YARSHU AVOSECHA VI'RISHTA..."- "[And HaSh-m your G-d will bring you to the land] that your fathers inherited and you will inherit it...." (Devarim 30:5)

17a)[line 2]ירושה ראשונה ושניה יש להןYERUSHAH RISHONAH U'SHNI'AH YESH LAHEN- the first two times that Klal Yisrael conquered Eretz Yisrael (once led by Yehoshua and once by Ezra), sanctification of the land was necessary

b)[line 3]ושלישית אין להןU'SHELISHIS EIN LAHEN- but the third time, sanctification of the land is necessary; i.e., the second sanctification was permanent

18)[line 5]מקוה שיש בו ארבעים סאהMIKVAH SHE'YESH BO ARBA'IM SE'AH

(a)If a person (or utensil) becomes Tamei, then he (or it) must be immersed in either a Mikvah (a cavity of gathered rainwater) or a spring as part of the purification process (Taharah).

(b)A Mikvah must contain at least forty Se'ah of rainwater for it to be Metaher. This is equal to approximately 288, 331.78, or 576 liters, depending upon the differing Halachic opinions.

19)[line 6]מכוונותMECHUVANOS- exactly

20a)[line 6]נתן סאהNASAN SE'AH- if he [first] placed an [additional] Se'ah [of liquid other than rainwater into the Mikvah]

b)[line 7]ונטל סאהV'NATAL SA'AH- and [then] removed a Se'ah [from the Mikvah, leaving forty Se'ah of liquid]

21a)[line 8]דנשתייר רובוD'NISHTAYER RUBO- that a majority [of valid rainwater] is left

b)[line 9]דלא נשקול רובוD'LO NISHKOL RUBO- that a majority [of valid rainwater] has not been removed [but rather exactly twenty Se'ah remain]

22)[line 10]שאני הכאSHANI HACHA- here (in the case of the Terumah that may have fallen into the Chulin) it is different

23)[line 10]תנן אנדרוגינוס נושאTENAN ANDROGINUS NOSEI!- We learned [in our Mishnah] that an Androginus may marry [a woman]! This implies that it is permitted for him to do so (l'Chatchilah), and not merely that if he did so then he may feed his wife Terumah (b'Di'eved). Since our Gemara assumes that this statement is a continuation of Rebbi Yosi and Rebbi Shimon's statement, the implication is that an Androginus is Halachically considered a man - posing a question on the opinion of Reish Lakish.

24a)[line 13]נישא דיעבדNISA DI'AVAD- [an Androginus] is married [to a man to the extent that he may never marry the relatives of the Androginus] only if it happens [but it is not permitted l'Chatchilah]

b)[line 13]נושא נמי דיעבדNOSEI NAMI DI'AVAD- so, too, [an Androginus] may marry [a woman only] if it happens [but it is not permitted l'Chatchilah]

25)[line 18]סקילה משני מקומותSEKILAH MI'SHNEI MEKOMOS- whether or not one who has relations with an Androginus is liable to Sekilah (see Background to 81:11) for sodomy only, or for coitus as well

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