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YOMA 74 - Dedicated by Dr. Eli Turkel l'Iluy Nishmas his mother, Golda bas Chaim Yitzchak Ozer (Mrs. Gisela Turkel), whose Yahrzeit is 25 Av. Mrs. Turkel accepted Hashem's Gezeiros with love; may she be a Melitzas Yosher for her offspring and for all of Klal Yisrael.

1)

(a)According to the Mishnah in Shevuos, the Korban Shevu'ah for Shevu'as ha'Eidus is restricted to someone who is fit to testify. According to Rav Papa, this comes to preclude a king. What it come to preclude, according to Rav Acha bar Yakov?

(b)Is this min ha'Torah or mid'Rabanan?

(c)If according to Resh Lakish, Shevu'as Bituy applies to less than a Shi'ur of Isur (because it is fit min'ha'Torah), then why does Shevu'as ha'Eidus not apply to a gambler, even though, he too, is Kasher min ha'Torah?

1)

(a)According to the Mishnah in Shevuos, the Korban Shevu'ah for Shevu'as ha'Eidus is restricted to someone who is fit to testify. According to Rav Papa, this comes to preclude a king - according to Rav Acha bar Yakov, a gambler.

(b)A gambler is disqualified from testifying mid'Rabanan - because (due to the fact that he did not actually steal his winnings) he is only a Gazlan mid'Rabanan.

(c)In spite of the fact that, according to Resh Lakish, Shevu'as Bituy applies in a case of less than a Shi'ur of Isur (since it is not Asur min ha'Torah), Shevu'as ha'Eidus does not apply even by an Isur d'Rabanan) - since the Torah writes there "Im Lo Yagid" (and what is the difference whether he cannot testify mid'Oraisa or mid'Rabanan?)

2)

(a)The Beraisa explains that although Chazal said 'Asur' by all the Isurim on Yom Kippur, only three of them are actually Chayav Kares. Which three?

(b)This Beraisa seems not to be perturbed by the fact that the Mishnah says 'Asur', even when there is a Chiyuv Kares. How do we amend it to concur with the opening Kashya in the Sugya, which assumes that the Tana would not do this?

(c)Alternatively, 'Asur' pertains to the other cases. Which other cases? From where do we learn that they are Asur?

(d)Is this really d'Oraisa?

2)

(a)The Beraisa explains that although Chazal said 'Asur' by all the Isurim on Yom Kippur, only three of them are actually Chayav Kares: - eating, drinking and Melachah.

(b)We amend the Beraisa to read that 'Asur' only pertains to Chatzi Shi'ur, but a full Shi'ur is subject to Kares; even by a full Shi'ur however, only the three above-mentioned cases receive Kares.

(c)Alternatively, 'Asur' pertains to the other cases - i.e. washing anointing and wearing shoes, which we learn from the Pasuk "Shabason".

(d)It is not really d'Oraisa - it is an Asmachta (a d'Rabanan, which Chazal supported with a Pasuk).

3)

(a)According to Rebbi Yochanan, for what logical reason is Chatzi Shi'ur forbidden?

(b)And why is Chatzi Shi'ur permitted (min ha'Torah) according to Resh Lakish?

(c)What reason do we initially give for someone who eats the Chelev of a Coy not being Chayav Kares?

3)

(a)According to Rebbi Yochanan, Chatzi Shi'ur is logically forbidden - because every Shi'ur is made up of half-Shiurim, of which each part is fit to combine with the rest to make up the full Shi'ur (so it is illogical to say that the Torah would permit it outright).

(b)Chatzi Shi'ur is permitted (min ha'Torah) according to Resh Lakish - because the Torah does not consider eating less than the Shi'ur, 'Achilah'.

(c)Initially we say that someone who eats the Chelev of a Coy is not Chayav Kares because there is a doubt whether a Coy is a Behemah, and only eating Chelev of a Behemah makes one Chayav Kares.

4)

(a)There is no punishment for eating less than a Shi'ur. What does the Beraisa learn from the Pasuk in Tzav "Kol Chelev"? What does Rebbi Yochanan prove from here?

(b)How does Resh Lakish, who maintains 'Chazti Shi'ur Mutar min ha'Torah', explain this Beraisa?

(c)How does Resh Lakish attempt to prove this from the Beraisa, which includes the Chelev of a Coy (a species of deer which is a Safek Chayah, Safek Behemah) in the prohibition of Chelev, from "Kol Chelev"?

(d)How will Rebbi Yochanan refute Resh Lakish's proof? How does he describe a Coy?

4)

(a)There is no punishment for eating less than a Shi'ur. The Beraisa nevertheless learns from the Pasuk "Kol Chelev" - that even eating less than the Shi'ur is forbidden. Rebbi Yochanan proves from here that Chatzi Shi'ur is Asur min ha'Torah.

(b)Resh Lakish explains that the Tana really holds that 'Chazti Shi'ur Mutar min ha'Torah' - and the Pasuk is merely an Asmachta.

(c)Resh Lakish attempts to prove this from the Beraisa, which includes the Chelev of a Coy (a species of deer which we currently think is a Safek Chayah, Safek Behemah) in the prohibition from "Kol Chelev". Now, if the Beraisa was speaking about an Isur d'Oraisa (like Rebbi Yochanan learns), why would we need a Pasuk to include a Coy? - asks Resh Lakish. Does Hash-m really not know whether a Coy is a Behemah or a Chayah?

(d)Rebbi Yochanan refutes Resh Lakish's proof - on the grounds that a Coy is not a Safek at all, but a new breed (which is neither a Behemah nor a Chayah), and which therefore requires a Pasuk to forbid it.

74b----------------------------------------74b

5)

(a)How do we prove that a Coy must be a breed on its own from a statement by Rav Idi bar Avin - with regard to the blood of a Coy?

(b)How do we know that there too, the reason is not because a Coy is a Safek, like Resh Lakish learns by the Beraisa of Chelev?

5)

(a)We prove that a Coy must be a breed on its own from a statement by Rav Idi bar Avin, who includes the blood of a Coy in the prohibition of blood from the Pasuk in Acharei Mos "Kol Dam Lo Socheilu". Why would we need a Pasuk to include a Safek Behemah, Safek Chayah - both of which are forbidden!? It is therefore clear that a Coy is not just a Safek, but a new breed!?

(b)The reason there, cannot be because a Coy is a Safek, like Resh Lakish learns by the Beraisa of Chelev - because whether it is a Behemah or a Chayah, its blood will be forbidden.

6)

(a)How do we know that "Te'anu es Nafshoseichem" does not mean that one should go and sit in the sun or in the cold?

(b)Then maybe it means that someone who is already in the sun or in the cold should remain there?

6)

(a)"Te'anu es Nafshoseichem" cannot mean that one should go and sit in the sun or in the cold - because the Torah compares Inuy to Melachah (since they appear in the same Pasuk): just as one fulfills the latter through non-action (i.e. not working), so too, does one fulfill the former through non-action (by not eating).

(b)Neither can it mean that we tell someone who is already in the sun or in the cold to remain there - because we do not find such a distinction by working (which is forbidden in all cases).

7)

(a)In the second Beraisa, the Tana writes that affliction, like Melachah, speaks when it is forbidden elsewhere. What does it mean, that Melachah is forbidden elsewhere?

(b)So we establish "Te'anu" by Pigul and Nosar, and "v'Inisem es Nafshoseichem" (both in Acharei-Mos) by Tevel. Why do we need a second Pasuk for Tevel? Why can we not learn it from Pigul and Nosar?

(c)We ultimately include four more things from "v'Inisem es Nafshoseichem". What are they?

7)

(a)In the second Beraisa, the Tana writes that affliction, like Melachah, speaks when it is forbidden elsewhere - i.e. on Shabbos.

(b)So we establish "Te'anu" by Pigul and Nosar, and "v'Inisem es Nafshosiechem" (both in Acharei-Mos) by Tevel - we would not be able to learn Tevel, which is not a Chiyuv Kares, from Pigul and Nosar, which is.

(c)We ultimately include from "v'Inisem es Nafshoseichem" - Neveilah (which is not even Chayav Misah - like Tevel is), Chulin, which is not even subject to a Lav (though it is not clear how the Ribuy can over-ride the Hekesh with which the Sugya began), Terumah, which it is even a Mitzvah (for Kohanim) to eat, and Kodshim, which are even forbidden to leave over. All of these are included in the Mitzvah of Inuy on Yom Kippur.

8)

(a)The Beraisa however, concludes, by learning that Inuy refers to not eating from another source. Why do we need another source? How might we otherwise interpret Inuy?

(b)What is the Beraisa's source that Inuy means to refrain from eating?

8)

(a)The Beraisa however, concludes, by learning that Inuy refers to not eating, from another source. And we need that source - because otherwise, we might have thought that "Te'anu" and v'Inisem" pertain to Inuy from Tashmish (which is also called 'Inuy', as we shall see shortly).

(b)The Beraisa's source that Inuy means to refrain from eating - is the Pasuk in Emor "v'Ha'avadti es ha'Nefesh ha'Hi" - from which we learn that it must be an Inuy which leads to 'Ha'avadas Nefesh' i.e. fasting (though this is strange, since "v'Ha'avadti ... " is written with regard to Melachah, and not Inuy).

9)

(a)De'Bei Rebbi Yishmael learns it from a 'Gezeirah Shavah' "Inuy" "Inuy" from "va'Ye'ancha va'Yar'ivecha" (Ekev). Why does he prefer to learn it from the Inuy of the Man rather than from ...

1. ... "Im Te'aneh es Benosai"(Vayetzei) of Lavan to Yakov?

2. ... "Vayar es Anyeinu" (Shemos) of Egypt? What does the Inuy there refer to?

9)

(a)De'Bei Rebbi Yishmael learns it from a 'Gezeirah Shavah' "Inuy" "Inuy" from "va'Ye'ancha va'Yay'ivecha" (Ekev). He prefers to learn it from the Inuy of the Man rather than from ...

1. ... "Im Te'aneh es Benosai"(Vayeitzei) of Lavan - because the latter refers to a private individual (Yakov), and not to the whole of Klal Yisrael, as both the Inuy of Yom Kippur and that of the Man do.

2. ... "Vayar es Onyeinu" (Shemos) of Egypt (which refers to the Egyptians forcing the Jewish men to keep apart from their wives) - because that was a man-induced Inuy, and not one that was purely Divine, like that of Yom Kippur and the Man.

10)

(a)Rebbi Ami and Rebbi Asi argue over what Inuy of the Man was. According to one of them, it was the fact that they could not see what they were eating. What does that mean?

(b)What do we learn from here regarding ...

1. ... a blind man eating his food?

2. ... how to get the best out of a meal?

(c)How does the other opinion explain the Inuy of the Man?

10)

(a)Rebbi Ami and Rebbi Asi argue over what the Inuy of the Man comprised. According to one of them, it was the fact that they could not see what they were eating - because someone who cannot see his food, does not fully enjoy it, and Yisrael did not see what they were eating, because the Man always looked the same, not like the variety of foods that they actually tasted.

(b)We learn from here that ...

1. ... a blind man does not become satisfied (because satisfaction is linked to the extent that one enjoys one's food - unless the Gemara is merely saying that he does not enjoy his food).

2. ... to get the best out of a meal - one should eat it by day (or at least with a light, making it like day - see 75b).

(c)The other opinion explains the Inuy of the Man - to mean that (except for Shabbos) they never had Man for the next day - and one cannot compare someone who has bread in his basket to someone who hasn't.

11)

(a)How does Resh Lakish explain the Pasuk in Koheles "Tov Mar'eh Einayim me'Halach Nafesh"?

(b)Rebbi Ami and Rebbi Asi also argue over the interpretation of the Pasuk in Mishlei "Ki Yiten b'Kos Eino, Yis'halech b'Meisharim". Which two sins do they suggest (between them), that a person thinks is permitted, once he takes to drinking?

11)

(a)Resh Lakish explains the Pasuk in Koheles "Tov Mar'eh Einayim me'Halach Nafesh" - to mean that looking at a woman gives a person more pleasure than having relations with her (see Tosfos Yeshanim).

(b)Rebbi Ami and Rebbi Asi also argue over the interpretation of the Pasuk in Mishlei "Ki Yiten b'Kos Eino, Yis'halech b'Meisharim" - One explains that anyone who loves drinking will think that all forbidden women are permitted. The other, that it is everyone's money that he will consider permitted.

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