BACKGROUND TO THE DAILY DAF
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The numbers that appear next to certain entries represent the number assigned to those items in the diagram of the Beis ha'Mikdash of the Tiferes Yisrael (e.g. TY #43). This diagram, which was included in a separate mailing and can be found on our site, is printed both in the Tiferes Yisrael Mishnayos (in Midos Chapter 2 or following Midos) and in Rav P. Kahati's Mishnayos (page 290, at the beginning of Midos).
[35a - 47 lines; 35b - 50 lines]
1) [line 1] AL SHNEIHEM - to both of them (Adam ha'Rishon and Chavah)
2) [line 9] "V'CHIVSHUHA" - "and conquer it" (Bereishis 1:28)
3) [line 11] ISH D'SIPEK B'YADO LA'ASOS - it is within his power to accomplish [honoring his parents, since no one objects to his doing so]
4) [line 16] PAFUNA'EI - the scholars of Pafunya, a town in Bavel, presumably Epiphania on the Euphrates. Specifically, this refers to Rav Acha bar Yakov
5) [line 28] V'SAVAR LAH SHNEI CHESUVIM HA'BA'IM K'ECHAD, V'CHOL SHNEI CHESUVIM HA'BA'IM K'ECHAD EIN MELAMDIN
See Background to Kidushin 34:21.
6) [line 37] "...ISH O ISHAH KI YA'ASU MI'KOL CHATOS HA'ADAM..." - "[Speak to the people of Yisrael,] When a man or woman shall commit any sin that people commit, [and is treacherous against HaSh-m, and that person shall become guilty.]" (Bamidbar 5:6)
7) [line 40] "[V'ELEH HA'MISHPATIM] ASHER TASIM LIFNEIHEM." - "[And these are the judgments] which you shall set before them." (Shemos 21:1)
8) [line 42] "V'HEMIS ISH O ISHAH" - "[But if the ox was wont to gore with its horn in times past, and its owner had been warned, but he had not watched it properly,] and it killed a man or a woman; [the ox shall be stoned, and its owner also shall pay Kofer (lit. be put to death; see below, entry #11).]" (Shemos 21:29)
9) [line 45] ISH D'VAR MASA U'MATAN, IYN - [we may think that only] a man, who deals in business, [should be governed by the Halachos of monetary affairs]
10) [last line] CHIYUSEI HI - it (the Halachos of business) is [necessary to insure] her livelihood (so that others do not steal from her and so that she does not steal from others)
11) [last line] KOFER
(a) SHOR HA'MU'AD - An ox that gores two times is still referred to as a Tam. The owner only pays half the value of the damages that his ox causes through goring. If the ox gored three times and the owner was informed and warned to guard his ox each time, the ox is termed a Mu'ad and from then on the owner has to pay the full value of the damages that his ox causes through goring.
(b) CHIYUV KOFER - If a person's Shor ha'Mu'ad kills another person, the owner of the ox is Chayav Misah b'Yedei Shamayim. He can redeem himself by paying Kofer to the children or heirs of the dead man, as the verse states, "v'Im Kofer Yushas Alav, v'Nasan Pidyon Nafsho." (Shemos 21:30). The amount paid as Kofer is defined as either the owner's value, or the dead man's value, according to the various opinions of the Tana'im (Makos 2b). If the ox kills a slave, the Kofer is 30 Sela'im and it is paid to the slave's owner.
12) [line 1] ISH, D'VAR MITZVOS, IYN; ISHAH, LO - [we may think that only] a man, who is commanded in [more] Mitzvos [than a woman (TOSFOS), should be the one to whom the Halachos of Kofer apply]
13) [line 4] BAL TAKIF
(a) It is forbidden by a Lav in the Torah for a Jewish male to remove his or another Jewish male's sideburns, thus making a continuous hairless line from his face until behind his ears, as the Torah states, "Lo Sakifu Pe'as Roshechem..." - "You shall not make a ring [around the tops of your heads by removing the hair] of the corners of your heads..." (Vayikra 19:27). The reason for this prohibition is to distance us from idol worship and its adherents who until this day cut their hair in this fashion. If one cuts off both sideburns, he receives Malkos two times. The Rambam (Hilchos Avodah Zarah 12:6) writes that he has a tradition in his family teaching that it is required to leave at least forty hairs in the sideburns.
(b) According to most authorities, it is prohibited to entirely remove the hair of the sideburns with either a razor or a pair of scissors. The prohibition of Hakafah applies to both the barber and the one whose hair is being cut, if he helps the barber (by moving his head to the correct position). It is prohibited to cut the hair of a male minor as well. Although this prohibition only applies to a man and not to a woman (whether her hair is being cut or whether she is cutting the hair of a man), nevertheless, it is forbidden mid'Rabanan for a woman to cut the hair of a man or a boy (see Nazir Chart #13, footnote #3).
(c) It is likewise forbidden to shave off all of the hair of the head (Hakafas Kol ha'Rosh). There is a disagreement among the Tana'im as to whether this is included in the prohibition of Hakafah and is mid'Oraisa, since all of the hair of the head includes the sideburns (Yevamos 5a, Nazir 41a), or if it is only forbidden mid'Rabanan (Nazir 29a), since the Torah only prohibits making a shaven ring around the remaining hair. (SEFER HA'CHINUCH #251)
14) [line 4] BAL TASHCHIS
(a) It is forbidden by a Lav in the Torah for a Jewish male to remove any of the five "corners" of his or another Jewish male's beard with a razor, as the verse states, "...v'Lo Sashchis Es Pe'as Zekanecha." - "...nor shall you mar the corners of your beard." (Vayikra 19:27). One who transgresses this prohibition is liable to Malkos. From the word "Tashchis," Chazal learn that the prohibition only includes shaving with a razor (Makos 21a), since only a razor leads to Hashchasah, or destruction of the hair.
(b) The Rishonim argue as to which exact sections comprise the "corners" of the beard that are included in this prohibition. The current practice is not to shave any part of the beard with a razor.
(c) The prohibition of Hashchasah applies both to the person shaving and to the one being shaved, if he helps the shaver (by moving his head to the correct position). It is prohibited to shave the beard of a male minor as well. This prohibition does not apply to a woman who is shaved by a man or who shaves the beard of a man. (The prohibition, however, does apply to the man who is being shaved by a woman.) (RAMBAM Hilchos Avodah Zarah 12:7; see Nazir Chart #13)
15) [line 4] BAL TITAMEI LA'MESIM
(a) The Torah (Vayikra 21:1-4) forbids Kohanim from coming into contact with corpses while concurrently commanding them to handle the burial of certain relatives. Those relatives are the Kohen's mother, father, son, daughter, brother, sister from his father (if she is an unmarried virgin), and wife (if the wife is permitted to be married to him).
(b) If a Kohen is married to a woman with Kidushin mid'Rabanan (e.g. if she married him as a minor after her father died), her husband is allowed and required to handle her burial. (The Gemara (Yevamos 89b) concludes that the Kohen is actually permitted to bury her mid'Oraisa, even though she is only married to him with a Kidushin mid'Rabanan. Since the Kohen inherits her, nobody else will handle her burial, and therefore she is like a Mes Mitzvah -- see Background to Sotah 45:31 and Insights to Yevamos 89b.)
(c) The prohibition to come into contact with a corpse applies only to male Kohanim who are not Chalalim. (However, immediately before, and during, the three pilgrimage holidays (Pesach, Shavu'os and Sukos), every Jew, male or female, is commanded to be Tahor -- RASHI to Yevamos 29b DH v'Lo Mitames.) The positive command to handle the burial of the seven relatives mentioned above (a) applies not only to Kohanim, but also to all Jews.
16) [line 7] "LO SAKIFU PE'AS ROSHECHEM; V'LO SASHCHIS ES PE'AS ZEKANECHA." - "You shall not make a ring [around the tops of your heads by removing the hair] of the corners of your heads; nor shall you mar the corners of your beard." (Vayikra 19:27)
17) [line 19] D'YALIF "PE'AS" "PE'AS" MI'BENEI AHARON - this Halachah is learned through a Gezeirah Shavah (see Background to Gitin 41:13) between the word "Pe'as" from the verse of the previous entry and the word "Pe'as" in Vayikra 21:5
18a) [line 21] V'IY SEVIRA LAN D'CHI KASAV "BENEI AHARON" - If he (Abaye) holds that when the words "Benei Aharon" were written at the beginning of Parshas Emor (Vayikra 21:1) (This is the beginning of a question on Abaye. It seems that the correct Girsa is Iy Sevira Lan.)
b) [line 22] A'KULEI INYANA KESIV - they refer to the entire subject [matter mentioned afterwards] (and not just to the prohibition against coming into contact with dead bodies)
19a) [line 28] MISPARAYIM - a pair of scissors
b) [line 30] MELAKET - a plane or file used for metal surfaces (RASHI) or for planing flat shutters or shields (ROSH to Nazir 40b; see "Rehitni," below). (Elsewhere, Yevamos 43a, Rashi explains that a Melaket is pincers for picking hair, wool, etc. (O.F. moles), as is evident from the Gemara there. However, when it is mentioned together with Rehitni, Rashi explains that it refers to a tool that can cut and destroy hair, like a razor, and that is normally used to even broad flat surfaces, as is evident from the Gemara Nazir 58b and from Shabbos 97a. The Rambam, however, (PERUSH HA'MISHNAH to Makos 21a, see also BARTENURA there) explains that both Melaket and Rehitni are metal tools that can be used for plucking individual hairs, such as pincers and tweezers, and not planes.)
c) [line 30] REHITNI- (a) a plane used for evening wooden or metal surfaces such as flat shutters or shields (RASHI here and to Shabbos 97a, see previous entry); (b) a kind of tweezers (see previous entry, from the Rambam)
20) [line 31] HASHCHASAH - destruction [of the hairs] (i.e. shaving with a razor)
21) [line 32] TA'AR - a razor
22) [line 34] SARIS - an impotent man
23) [line 36] TUM'AS NEGA'IM (TZARA'AS HA'ROSH)
(a) When a Jew develops a mark on his body the size of a Gris (a Cilician bean, approximately the size of a dime) that looks like Tzara'as, a Kohen must be summoned to ascertain whether or not it is a Nega Tzara'as. (Depending on the type of mark, this is determined by different factors -- see below, (b).) If it is indeed a Nega Tzara'as, the Kohen pronounces him Tamei, initiating a one or two-week period of quarantine. Or "Hesger" (depending on the type of blemish). During this period, he is known as a Metzora Musgar. If no "Simanei Tum'ah" (signs of Tum'ah - see below) appear in the mark during that time, the Kohen pronounces the Metzora Musgar to have become Tahor. If Simanei Tum'ah do appear in the mark at the end of the first or second week of Hesger - or even when the Kohen first sees the Nega or after the Metzora has become Tahor - the Kohen pronounces him a Metzora Muchlat. A Metzora Muchlat remains Tamei until his Simanei Tum'ah go away, after which the Kohen pronounces him to have become Tahor.
(b) There are four types of blemishes that constitute Neg'ei Tzara'as that affect a Jewish person: Nig'ei Basar; Shechin or Michvah; Nesek; Karachas or Gabachas.
1. NIG'EI BASAR refers to Tzara'as that affects normal skin. It appears as a white blotch of one of four bright shades of white, sometimes with some red mixed in. The period of Hesger for Nig'ei Basar is two weeks. A Kohen inspects the Nega at the end of each week, and at the end of the two-week period he declares the Metzora to be either Tahor or Muchlat. The signs of Tum'ah for Nig'ei Basar are: (1) the lesion spreads ("Pisyon"); (2) two or more white hairs ("Se'ar Lavan") grow inside the lesion after it appears on the skin; (3) a patch of normal looking skin ("Michyah"), measuring two by two hairs or more, appears in middle of the Nega.
2. SHECHIN or MICHVAH refer to the Tzara'as of a boil or a burn. It appears as a white blotch of one of four bright shades of white, sometimes with red mixed in, that develops over a partially healed pustule, boil or blister produced by non-fire heat or by friction (in the case of Shechin), or over a burn produced by the heat of a fire (in the case of Michvah). The period of quarantine for Shechin and Michvah is only one week, after which the Kohen declares the Metzora either Tahor or Muchlat. (The Halachos of Shechin and Michvah are identical. They are distinct only in that a half-Gris of one of them does not combine with a half-Gris of the other to make a person Tamei (Nega'im 9:2). Their signs of Tum'ah are: (1) the mark spreads (Pisyon); (2) two or more white hairs (Se'ar Lavan) grow inside the mark after the Nega Tzara'as appears.
3. NESEK (pl. Nesakim) refers to Tzara'as that appears beneath the hair of the scalp or beard. According to most Rishonim, a Nesek appears as normal skin that is revealed when a cluster of hair (measuring the size of a Gris) falls out from parts of the scalp or beard that are normally covered with hair, such that a bald spot without even two normal hairs is created (see RAMBAN to Vayikra 13:29). The period of Hesger for a Nesek is two weeks. At the beginning of the Hesger, the Kohen shaves the hair surrounding the Nesek, only leaving a two-hair-thick ring around the Nesek. A Kohen inspects the Nesek at the end of each week, and at the end of the two-week period he declares the Metzora to be either Tahor or Muchlat. The signs of Tum'ah of a Nesek are: (1) the Nesek spreads ("Pisyon") -- that is, more hair falls out around the periphery of the original Nesek; (2) two or more thin, golden hairs ("Se'ar Tzahov Dak") grow inside the Nesek after it appears on the skin. Nesek, unlike the other Nega'im, also has a Siman Taharah, which can make it Tahor at any time: If normal, black hairs grow in the Nesek, the Kohen pronounces the Metzora to be Tahor.
4. KARACHAS or GABACHAS refer to Tzara'as that affects a completely bald scalp (which became bald through exposure to a balding agent, or through a normal balding process -- see RASH to Nega'im 10:10A and RAMBAN to Vayikra 13:29), either in the fore part of the head (Gabachas) or the back part of the head (Karachas). Their Halachos are identical to those of Nig'ei Basar (above, 1) that appear on a normal, non-hairy part of the skin, except that it lacks the Siman Tum'ah of Se'ar Lavan (since it is on a part of the body on which hair does not grow). (The Halachos of Karachas and Gabachas are identical. They are distinct only in that a half-Gris of one of them does not combine with a half-Gris of the other to make a person Tamei, Nega'im 10:10.)
(c) The names and colors of four types of marks that make a person a Metzora through Nig'ei Basar, Shechin or Michvah and Karachas or Gabachas are 1. Baheres, which is the color of snow; 2. Se'es, which is the color of clean, white newborn lamb's wool; 3. Sapachas of Baheres, which is the color of the plaster used to whitewash the Beis ha'Mikdash; 4. Sapachas of Se'es, which is the color of the white membrane found on the inside of an egg.
24) [line 38] TAHARAS NEGA'IM
(a) THE PROCESS BY WHICH A METZORA BECOMES TAHOR - On the day that a Metzora is healed from his Tzara'as, he takes two kosher birds (Tziporei Metzora), a piece of cedar, some crimson wool and a hyssop branch. One of the birds is slaughtered over fresh spring water in a new clay bowl. A Kohen dips the other bird, along with the other articles, into the spring water that is mixed with the blood and sprinkles it seven times on the Metzora. The living bird is sent away towards the fields. Both birds are Asur b'Hana'ah, but the Isur is removed from the living bird after it is sent off to the fields.
(b) The Metzora next shaves with a razor all places on his body that have a collection of hair and that are exposed, and immerses in a Mikvah. He is now considered Tahor to the extent that he may enter a settlement, but marital relations are forbidden (Moed Katan 7b). He waits seven days (Yemei Sefiro), and on the seventh day he once again shaves and immerses. He is then completely Tahor but is still a Mechusar Kaparah (see Background to Nedarim 35:9).
(c) On the eighth day, the Metzora must bring Korbanos to complete his Taharah. The animal Korbanos are two male sheep and one female sheep. One of the male sheep is offered as an Olah, the other as an Asham. The female sheep is offered as a Chatas. If he could not afford to buy all these animals, he is called a poor Metzora. The poor Metzora brings two Torim (turtledoves) or two Benei Yonah (common doves) as the Olah and the Chatas; however, a sheep is still brought as his Asham. An ordinary Metzora or a poor Metzora brings Nesachim with all of his animal Korbanos (Menachos 91a).
(d) The Metzora also brings a Log of olive oil to the Beis ha'Mikdash as part of his purification process. A Kohen lifts up and waves (Tenufah) the live Korban Asham with the Log of oil resting upon it. After the Asham is slaughtered, some of the blood is placed on the body of the Metzora: on the middle section of cartilage of the Metzora's right ear, on his right thumb and on his right big toe. These parts of his body must be in the Azarah at the time that the Kohen applies the blood. For this purpose he stands in the gate of Nikanor (TY #18; the eastern gate of the Azarah, named for the man who donated the brass doors of the gate; see Yoma 38a). Although all of the other gates of the Azarah had the Kedushah of the Azarah, Sha'ar Nikanor only had the Kedushah of Har ha'Bayis. The Chachamim arranged this so that the Metzora could stick his head, right hand and right foot into the Azarah while standing under the archway of the gate.
(e) After all of the Korbanos were offered, a Kohen pours some of the oil in his left hand and sprinkles it seven times towards the Kodesh ha'Kodashim. He must dip his right finger in the oil each time. Oil is also put on the body of the Metzora, on the places where the blood of the Asham was placed. The remainder of the oil in the Kohen's hand is placed on the Metzora's head. The rest of the Log which was not poured into the Kohen's hand was given to the Kohanim, and must be consumed by male Kohanim in the Azarah (it is one of the Kodshei Kodashim). (RAMBAM Hilchos Mechusarei Kaparah 4:2-3)
25) [line 40] LI'TZEDADIM KESIV - the two objects mentioned (the head and the beard) refer to two different cases, respectively. Men and women are included in the Nesakim that effect the head whereas only men are included in the Nesakim that effect the beard.
26a) [line 41] "[V']ISH OR ISHAH, KI YIHEYEH VO NAGA; B'ROSH..." - "[And] if a man or a woman has Tzara'as of the head..." (Vayikra 13:29
b) [line 41] "...O V'ZAKAN"; HADAR ASAN L'ISH - "or of the beard"; this only includes (lit. brings) a man
27) [line 42] BAL YIKRECHU
(a) It is forbidden to remove one's own hair or another Jew's hair, thereby making a bald area ("Korchah") on the head, as a sign of mourning for the death of another person, as the Torah states (Vayikra 21:5, Devarim 14:1). There is no difference whether one removes the hair by hand using an instrument or whether he uses a chemical hair-remover. This prohibition applies exclusively to one who makes a bald patch as a sign of mourning; it does not apply to one who makes a bald patch out of agony after his house collapses or any similar disaster.
(b) One who intentionally transgresses this prohibition receives one set of Malkos for each bald patch that he makes, as long as he was warned each time not to do it by two witnesses. If one makes a bald patch on the head of another Jew and the person whose head is being made bald assists in the process (by moving his head to the correct position), they both receive Malkos. The bald patch must be as large as a Gris (a Cilician bean, approximately the size of a dime) in order to be liable to Malkos. (RAMBAM Hilchos Avodah Zarah 12:15-16)
(c) Isi (in our Gemara) taught that women are exempt from this prohibition. The Amora'im argue as to his reasoning for their exemption. The Halachah follows the opinion of the Chachamim who argue with Isi, and women are also liable for transgressing this prohibition (ROSH #60; YD 180:12).
28) [line 42] "BANIM ATEM LA'SH-M ELOKEICHEM, LO SISGODEDU V'LO SASIMU KORCHAH BEIN EINEICHEM LA'MES." - "You are the children of HaSh-m, your G-d; you shall not cut yourselves, nor make any baldness between your eyes for the dead." (Devarim 14:1)
29) [line 45, last line] GEDIDAH / SERITAH
(a) It is forbidden to gouge or cut into any part of the body as a result of the sorrow of mourning or for purposes of idol worship, and one who does so is punished with Malkos. The Torah uses two different words for the cut (Gedidah and Seritah), and two verses of the Torah state this prohibition (Vayikra 19:28 and Devarim 14:1). The reason for this prohibition is to distance us from idol worship and its adherents who cut themselves for these reasons.
(b) The Tana'im (Makos 20a) argue as to whether Gedidah or Seritah are distinct in that Seritah applies only to gouging with the fingernails and Gedidah applies to gouging with an instrument, or whether both words imply both actions ("Seritah u'Gedidah Achas Hi").
(c) The RAMBAM (Hilchos Avodah Zarah 12:13) differentiates between Gedidah or Seritah done in mourning and Gedidah or Seritah done for purposes of idol worship. One is liable for Gedidah or Seritah done for mourning whether it is done using the fingernails or an instrument. However, one is only liable for Gedidah and Seritah for the purposes of Avodah Zarah when it is done with an instrument.
(d) We also learn from the verse of "Lo Sisgodedu" that it is not permitted for separate courts in one city or for Chachamim in the same court to govern according to different customs or Halachic rulings (Yevamos 14a). This can only lead to strife between the different Agudos (factions). (RAMBAM ibid. 12:14)
30) [line 45] "KI AM KADOSH ATAH LA'SH-M ELOKECHA" - "For you are a holy people to HaSh-m, your G-d" (Devarim 14:2)
Index to Background for Maseches Kidushin