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ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler of Kollel Iyun Hadaf
daf@dafyomi.co.il, www.dafyomi.co.il
Rosh Kollel: Rabbi Mordecai Kornfeld
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MOED KATAN 16 |  Next |
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(a) Rava learns from the Pasuk in Korach ...
1. ... "va'Yishlach Moshe li'Kro l'Dasan v'la'Aviram Bnei Eli'av" - that Beis Din (fix a place and) send a Shaliach to summon a litigant to a Din Torah.
2. ... "va'Yomer Moshe el Korach Atah v'Chol Adascha" - that Beis-Din issue him with an invitation.
3. ... "Lifnei Hash-m" - that one specifically names the Dayan that is calling him to Beis-Din.
4. ... "Atah va'Hem v'Aharon" - that one also informs him who the other litigant is.
5. ... "Machar" - that one fixes a time.
(b) 'Zimna Basar Zimna' means - that, should he not come the first time, one invites him a second time (which we learn from a Pasuk in Yirmeyahu).
(c) In the event that the litigant refuses to comply, it is not considered Lashon ha'Ra for the Shali'ach Beis-Din to report the blasphemous remarks of the litigant (as we see from the Shali'ach whom Moshe sent to call Dasan and Aviram, and who reported their remarks to Moshe).
(a) We learn the concept of a Shamta (Niduy) from the Pasuk in Shoftim "Oru Meiroz". We learn from the following words "Amar Mal'ach Hash-m" - which refer to Barak, that one informs the perpetrator who it is who is placing him in Cherem (though it is not clear how this differs from what we just learned in 1a. 3).
(b) We learn the concept of a Cherem from "Oru Arur". Besides the prohibition of eating and drinking with the culprit - this also comprises not standing in his four Amos.
(c) And from the Pasuk "Ki Lo Ba'u l'Ezras Hash-m" we learn - that Beis Din publicize the perpetrator's sin.
(d) Barak placed a Shamta on Meiroz with four hundred trumpets. 'Meiroz' might have been a great man - or it might have the name of been a star (the Mazal of Sisra [either of whom 'sinned' by not coming to 'help Hashem']).
(a) Besides declaring the property of someone who ignores the call of the Beis-Din Hefker and ostracizing him from the community, Nechemyah teaches us that Beis-Din will prevail upon him verbally, curse him, beat him, pull out his hair and bind him with an oath (if necessary). From a Pasuk in Ezra, we learn that one adds 'Asrinan, Kafsinan v'Avdinan Hardafah'. 'Asrinan, Kafsinan' means - that they bind his hands and feet, tie him to the Amud to give him lashes and place a Niduy on him, respectively.
(b) Ada Mari ... Amar Rav Yehudah interprets "li'Sherushi" in the latter Pasuk to mean 'Hardafah'. Rav Yehudah brei d'Rav Shmuel bar Shilas in the name of Rav interpret 'Hardafah' to mean that, after a person who refuses to comply with the Beis-Din is immediately placed in Niduy, should he persist ...
1. ... then, in thirty days time - this is repeated.
2. ... and in sixty days - they place him in Cherem.
(c) Rav Huna bar Chinena Amar Rav Chisda draws a distinction - in cases of money-matters, one first warns the perpetrator on Monday, Thursday and Monday; but if someone insults a Talmid Chacham, one places a Niduy on him immediately.
(d) 'Money-matters means - that the litigant refuses to obey Beis-Din's instructions to pay the money that he owes.
(a) Abaye and Rava placed a Niduy on a certain butcher - for insulting Rav Tuvi bar Masna.
(b) They considered lifting the Niduy before thirty days - because he made up with him.
(c) Nevertheless, Abaye did not agree to do so - because a Niduy may not be lifted before thirty days have passed.
(d) The problem with not lifting it then - was that the Beis-Din who issued the Niduy wanted to leave town then, and would not have been available after thirty days.
(a) They queried Abaye from a statement of Rav Tachlifa bar Avimi Amar Shmuel 'Tut Asar v'Tut Shari' - which means that the same Shofar that placed the Niduy on him can also lift it (in which case, the Niduy did not need to remain in effect for thirty days).
(b) Abaye still refused to lift the Niduy however - because, he argued, Shmuel's statement was confined to a Niduy that was placed on account of money-matters, but not if it was placed before of insulting a Talmid Chacham.
(c) We learn from Abaye's problem - that, in Abaye's opinion, it is only the Beis-Din that issues a Niduy who is authorized to lift it.
(a) The Beraisa rules that if someone is Menudeh to a Rav - he is automatically Menudeh to the Talmid; if he is Menudeh to the residents of his town - he is automatically Menudeh to the residents of another town, and if he is Menudeh to the Nasi - he is automatically Menudeh to the people ...
(b) ... but not the reverse (i.e. if he is Menudeh to the Talmid, he is not automatically to the Rav, if he is Menudeh to the residents of another town, he is not automatically Menudeh to the residents of his town, and if he is Menudeh to the people, he is not automatically Menudeh to the Nasi).
(c) Raban Shimon ben Gamliel (in the same Beraisa) rules - that if a Talmid (together with others) issued someone with a Niduy and died, then his portion is not nullified (even if the other partners nullified the Niduy).
(d) One of the three things that we learn from there is that if three people place someone in Cherem, only they are empowered to nullify the Cherem, and not another Beis-Din of three. The other two are - 1. that if a Talmid, in defense of his honor, places a Niduy on someone, his Niduy is effective; and 2. that if two or three people place a Niduy on someone, each one must nullify his portion.
(a) Ameimar - permits one Beis-Din to remove the Cherem placed by another.
(b) Rav Ashi queried him from Raban Shimon ben Gamliel - whom we just cited as saying that if one of the Talmidim who placed a Niduy dies, his portion is not nullified, implying that the Beis-Din who imposed the Niduy is the one that must remove it.
(c) Ameimar replied - that what he meant was that the portion of the person who died remains intact, only as long as another Beis-Din has not nullified it (but not that another Beis-Din cannot lift it).
(a) A Niduy lasts for a minimum of thirty days. The minimum period the Beraisa gives for a Nezifah (a mild form of Niduy) - is seven days.
(b) This is hinted - in Parshas Behaaloscha, in the episode with Miriam, on whom Hash-m placed a Nezifah lasting seven days for speaking Lashon ha'Ra about her brother Moshe.
(c) Rav Chisda - equates a Niduy in Bavel with a Nezifah in Eretz Yisrael, establishing the minimum period as seven days.
(a) We query the minimum seven-day Nezifah period from two episodes concerning Rebbi. When Rebbi Shimon b'Rebbi and bar Kapara came across a Kashya which stymied them, the former stated - that the problem required a Rebbe to solve it.
(b) Bar Kapara countered - that even Rebbi would not know how to explain such a difficult piece, causing Rebbi to place a Nezifah on him.
(c) When Rebbi Shimon informed his father of what bar Kapara had said, it was not Lashon ha'Ra - because he was merely relating the incident to him, without any malicious intent.
(d) Bar Kapara discovered that Rebbi had placed a Nezifah on him - when he went to see Rebbi, and Rebbi said to him 'I don't recognize you'.
(a) The other episode (which we will discuss shortly) concerned Rebbi Chiya - who was learning in the market, despite Rebbi having prohibited it.
(b) The problem that both of these incidents pose on the earlier Beraisa is - that they both end up with the recipients of the Nezifah retaining it for thirty days (and not just for seven).
(c) We resolve it - by differentiating between the Nezifah of an ordinary Talmid Chacham (seven days) and that of a Nasi (thirty days).
16b----------------------------------------16b
(a) Rebbi learned from the Pasuk (concerning the teaching of Torah) "Chamukei Yereichayich Kmo Chalayim" - that Torah should be studied discreetly, and not out in the open.
(b) Rebbi Chiya contravened Rebbi's ruling and learned with two Talmidim in the market who were also his nephews - Rav and Rabah bar Chanah.
(c) On the thirtieth day of the Nezifah, Rebbi called Rebbi Chiya - because he initially held 'Miktzas ha'Yom k'Kulo' (in this regard [like Aba Shaul]), but then changed his mind - (to rule like the Rabanan, who disagree, in which case the Niduy was due to terminate only the following day).
(d) He refer to R. Chiya as 'Aya' - which is a degrading pronunciation of his name.
(e) When Rebbi Chiya informed Rebbi that he had received the first message (to come immediately), but not the second - Rebbi quoted the Pasuk in Mishlei "bi'Retzos Hash-m Darchei Ish, Gam Oivav Yashlim Ito" (meaning that when Hash-m is on someone's side, then even his enemy is forced to come to terms with him).
(a) Rebbi Chiya derived his opinion from the Pasuk "Chochmos ba'Chutz Taronah". Rebbi interpreted ...
1. ... it to mean - that if someone studies Torah inside, his Torah will announce his greatness outside.
2. ... the Pasuk "Lo m'Rosh ba'Seser Dibarti" (implying that Torah should be learned in public) - to pertain to the Torah of the (Yarchei) Kalah (the biannual Derashah, when the Rosh Yeshiva would teach the Halachos of Pesach and Succos to the numerous crowd that came from far and wide to hear him.
(b) According to Rebbi Chiya, the Pasuk "Chamukei Yerichayich" pertains (not to Torah study, but) - to the giving of Tzedakah and the performing of Gemilus Chasadim, which should be done discreetly.
(c) The minimum period of a Nezifah in Bavel - is one day.
(a) Even though Shmuel was greater than Mar Ukva, he nevertheless sat in front of him like a disciple - because the latter was the Nasi. Nevertheless, Mar Ukva would sit on the floor (in deference to Shmuel), and not on a cushion, as was customary for the Nasi to do.
(b) Shmuel placed a Nezifah on Mar Ukva - because Mar Ukva would always walk home behind Shmuel, and, on one occasion, he was so engrossed in the Dinim that he was currently handling, that he forgot to do so, and walked home ahead of Shmuel.
(c) Mar Ukva retained the Nezifah - for one day.
(a) A certain woman came before Rav Nachman - because, when a certain Talmid Chacham walked past her, as she sat with her legs outstretched, sifting shells from peeled barley, she continued to do so without acknowledging the Talmid Chacham, so he placed a Niduy on her.
(b) The problem was - that she had not heard the Niduy.
(c) So Rav Nachman told her that - she should accept a Nezifah for just one day (which a person is obligated to do when he knows that a Talmid Chacham is angry with him).
(a) Zutra bar Tuvya had the problem with the Pasuk "v'Eileh Divrei David ha'Acharonim" - that if these were David's last words, what were his first?
(b) Rav Yehudah placed a Nezifah on him - because, when Rav Yehudah failed to answer him straightaway, he repeated his Kashya (conveying the impression that he [Rav Yehudah] did not know the answer).
(c) The 'first words of David' to which the Pasuk hints - refers to the song that he sang ("on the day that Hash-m saved him from the clutches of Shaul") in the previous chapter.
(d) Hash-m was not very pleased with those first words, as is described in the Pasuk in Tehilim "Shigayon l'David Asher Shar la'Hashem al Divrei Kush ben Yemini" - meaning that David made a mistake when he sang at the downfall of Shaul, seeing as Shaul (who came from Binyamin) was as unique in his deeds as the skin of a Kushi is unique.
(a) Shaul, Tziporah, Tzidkiyah ha'Melech and Yisrael have in common - the fact that the Pasuk refers to all of them as 'Kushi', because each of them was exceptionally righteous (like a Kushi, as we just explained).
(b) The Pasuk writes "Ne'um David ben Yishai, u'Ne'um ha'Gever Hukam Ol". The yoke that David established - was that of Teshuvah (as Chazal have said elsewhere, David only sinned in order to teach the individual the power of Teshuvah).
(c) We learn from the Pasuk there "Amar Elokei Yisrael ... Tzur Yisrael Moshel ba'Adam; Tzadik Moshel Yir'as Elokim" - that, although the Rock of Yisrael (Hash-m) rules over Yisrael, the Tzadik rules over Hash-m (i.e. Hash-m decrees, and the Tzadik is able to negate that decree).
(a) Ira ha'Ya'iri was - David ha'Melech's Rebbe.
(b) He used to sit on cushions when he taught Torah - whereas after his death, when David succeeded him, he insisted, in his deep humility, on sitting on the floor.
(c) Rav explains the continuation of the Pasuk ...
1. ... "Tachkemoni" (in the context of the reward for David's unbelievable humility) - to be the acronym of 'Tehei Kamoni' ('You will be like Me', meaning that he will have the power to nullify the decrees that Hash-m issues).
2. ... "Rosh la'Shalishim" (in the same context) - to mean that he would be the head of the three Avos in the World to Come (see also Agados Maharsha).
3. ... "Hu Adino ha'Etzni" - that he would bend himself and be soft like a worm when learning Torah, but would be straight and hard like a tree when he went to war.
(d) David killed - eight hundred of the enemy when he went to war.
(e) He did not merit to fulfill the Pasuk "Eichah Yirdof Echad Elef" - because of the episode with Uri'ah ha'Chiti (for having had him killed in order to take his wife Bas-Sheva - despite the fact that he was Chayav Misah anyway, as we learn in Kidushin).
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