ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler of Kollel Iyun Hadaf
Rosh Kollel: Rabbi Mordecai Kornfeld
12TH CYCLE SHABBOS 139 (14 Elul) - This Daf has been dedicated in honor of the Yahrzeit of Yisrael (son of Chazkel and Miryam) Rosenbaum by his son and daughter and families, and in memory of Sheina Basha (daughter of Yakov and Dora) Zuckerman, who passed away on 10 Elul, by her children and sons in law.
(a) Based on the Pasuk in Michah "Roshehah be'Shachar Yishpotu, ve'Chohanehah bi'Mechir Yoru, u'Nevi'ehah be'Kesef Yiksomu", when a generation is beset by many troubles - Rebbi Yossi ben Elisha in a Beraisa places the blame on their judges (who are guilty of perverting justice).
(b) The triple expression there represents the three sins, all in the area of justice, for which Yisrael was punished at the time of the first Churban the first, at the hand of the leaders (the judges), the Kohanim , and the prophets (all of whom are involved in judging).
(c) For these three sins they had to suffer - 'Tzion being plowed into a field, Yerushalayim - being transformed into ruins and the Har ha'Bayis - into a forest.
(d) They were not completely wiped out - because, in spite of all their sins, the Pasuk testifies "ve'al Hash-m Yisha'enu" (they placed their trust in Hash-m, so Hash-m did not let them down).
(a) The Tana finally learns from the Pasuk "ve'Ashivah Yadi Alayich ... ve'Ashivah Shoftayich Kevarishonah ve'Yo'atzayich Kevatechilah" - that Hash-m does not rest His Shechinah in Yisrael until all the corrupt judges have been destroyed.
(b) Ula learns from the Pasuk "Tzion ba'Mishpat Tifdeh, ve'Shaveha bi'Tzedakah" - that Yisrael will be redeemed on the merit of Tzedakah.
(c) When Rav Papa said ...
1. ... 'I Batli Yehiri, Batli Amgushi' - he meant that as soon as the vain people (who wear long idolatrous hairstyles and clothes) are removed, Hash-m will remove the power of the heretics from K'lal Yisrael.
2. ... 'I Batli Dayni, Batli Gezirfti' - he meant that as soon as the wicked judges cease to function, Hash-m will remove the harsh gentile rulers.
(d) In the Pasuk "Shiber Hash-m Mateh Resha'im Shevet Moshlim" ...
1. ... "Mateh Resha'im" refers to - the judges, who allowed themselves to be threatened by their officers, who would refuse to carry out the rulings of the Dayanim unless they were paid more money (and with regard to the Dayanim, the Torah writes "Lo Saguru bi'Fenei Ish").
2. ... the "Shevet Moshlim" refers to - the Talmidei-Chachamim who appointed the Dayanim from their own families, even though they were not necessarily fit to judge, Alternatively, it refers to the Talmidei-Chachamim who teach the Dinim that pertain to the community, to Dayanim who are ignorant.
(a) Rebbi Elazar ben Malai cites Resh Lakish, who explains the Pasuk in Yeshayah "Ki Kapeichem Nego'alu ba'Dam, ve'Etzbe'osechem be'Avon, Dibru Sheker, Leshonchem Avlah Tehegeh". The four groups of people incorporated in this Pasuk are - the judges, the scribes employed by Beis-Din, the lawyers and the litigants.
(b) The judges accepted bribery, taking money from one party, and the soul (i.e. the life) of the other; the scribes wrote false documents; the lawyers taught the litigants to present false arguments; the litigants lied.
(a) Rebbi Malai Amar Rebbi Yitzchak Magdela'a learns from the Pasuk "u'le'Kodkod Nezir Echav" - that from the time Yosef separated from his brothers, he did not drink wine.
(b) Rebbi Yossi b'Rebbi Chanina learn from the Pasuk "Vayishtu Vayishkeru Imo" - that just as Yosef did not drink wine from the time that he separated from his brothers, neither did they.
(c) According to Rebbi Malai (in whose opinion it was only Yosef who did not drink, but the brothers did) - the latter Pasuk means that, even though they did drink wine throughout the twenty-two years, this was the first time that they actually became intoxicated.
(d) According to him - for the joy that Aharon felt in his heart at Moshe's appointment as leader of Yisrael (even though he was his younger brother) - he merited wearing the Choshen-Mishpat on his heart.
(a) Shmuel instructed Rav Menashyah to attempt to reply to the three She'eilos which the B'nei Bashchar had asked Levi - because Levi died, leaving the questions unanswered.
(b) Rav Menashyah - ruled stringently regarding putting up a canopy, giving them no leeway whatsoever to do so.
(c) The second She'eilah was - whether hops are considered a vegetable (and may therefore not be sown in a vineyard [because this would constitute K'lai ha'Kerem]), or whether they are considered a tree, and are permitted.
(d) This time too - Rav Menashyah ruled le'Chumra, forbidding them to plant hops in a vineyard (even in Chutz la'Aretz).
(a) Rav Menashyah might have ruled leniently in ...
1. ... the first She'eilah - like Rami bar Yechezkel that we quoted earlier, who permitted putting up a canopy, provided one had previously tied a thread or a string to it.
2. ... the second She'eilah - because of the principle 'Kol ha'Meikil be'Eretz Yisrael, Halachah Kamoso be'Chutz la'Aretz'.
(b) In connection with planting hops in a vine-yard, some Amaro'im permitted it, others forbade it. Rav Mesharshaya would give a Perutah to a non-Jewish child to do it on his behalf, but not to a Jewish child - for fear that he might get into the habit of doing this, and continue to do so, even after he has grown-up. Neither would he give it to a gentile grown-up - since others may confuse him with a Jewish grown-up (and give it to him to do).
(c) Regarding the She'eilah of burying someone who died on Yom-Tov - he forbade it under all circumstances even on the second day and even through a gentile.
(a) We query this however, from a statement by Rebbi Yehudah bar Shilas Amar Rebbi Asi, who cited Rebbi Yochanan as having ruled in a Shul in Ma'on - that it was permitted to bury a Meis on Yom-Tov that fell next to Shabbos through a Nochri.
(b) He knew that the case was where Yom-Tov fell next to Shabbos. He was not certain however - whether it fell before Shabbos (on Friday) or after it (on Sunday).
(c) If it fell on Friday, then the person died on Yom-Tov - and Rebbi Yochanan permitted burying him on Yom-Tov, because otherwise, he would remain unburied for another two days; whereas if it fell on Sunday - then he permitted it, because he had died on Shabbos and was already beginning to smell.
(a) Rava too, rules that if a Meis died on ...
1. ... the first day of Yom-Tov - he may be buried on that day by Nochrim.
2. ... the second day of Yom-Tov - then even Yisre'eilim may bury him, and the same applies to ...
3. ... the second day of Rosh-Hashanah.
(b) We ...
1. ... permit eating an egg on the second day of Yom-Tov, if it was laid on the first day, but ...
2. ... forbid it on the second day of Rosh Hashanah ...
(c) ... since the Chachamim gave it a Din of a Vaday Yom-Tov, rather than a Safek, like the second day of every other Yom-Tov.
(d) We answer the Kashya on Rav Menashyah's stringent ruling to the B'nei Bashchar in this case (as well as in the first two cases, as we explained) - by ascribing it to the fact that they were not B'nei Torah (and if one gave hem a finger they would take a hand and allow themselves other leniencies which had no justification).
1. Rebbi Avin bar Rav Huna Amar Rav Chama bar Guri'a - permits going into the street wearing the curtain of a canopy with its straps on Shabbos.
2. ... Rav Huna Amar Rav on the other hand - forbids going out with a Talis with Tzitzis that are not Kasher.
(b) We reconcile the two rulings - in that whereas the straps are not valuable and therefore Batel to the curtain, the Techeiles of the Tzitzis is valuable and is therefore not Batel to the garment (rendering the wearer Chayav for carrying it out).
(a) The Chachamim in our Mishnah forbid putting up a strainer in order to strain dregs. Rabah bar Rav Huna rules that one is permitted to ...
1. ... put it up to serve as a container for pomegranate
2. ... do so deliberately with the intention of then using it to strain dregs of wine.
(b) Rav Ashi qualifies this ruling however - by confining it where one actually uses it first for pomegranates, forbidding it where he doesn't.
(a) We query Rav Ashi from a Beraisa however - which rules that ...
1. ... manufacturing date or barley beer on Chol-ha'Mo'ed for after Yom-Tov is forbidden.
2. ... even though one already has beer for Yom-Tov - he is permitted to make fresh beer (which seems to be for after Yom-Tov) and then decide that it is better than the old beer, and drink it on Yom-Tov.
(b) The problem with Rav Ashi now is - that he requires placing pomegranates in the strainer before using it to strain, whilst the Tana permits manufacturing the beer without a prior proof that he is doing so for Yom-Tov, and not for afterwards.
(c) In answer to the Kashya - in the case of Rav Ashi, were one to strain immediately, the Ha'aramah ('tricking') would be blatant, whereas in the case of the beer, who's to know that he has other beer? They will think that he made the beer for Yom-Tov, because that's when he needed it.
(a) The Rabbanan complained to Rav Ashi about Rav Huna b'Rebbi Chivan (or Chilvan), who (on Shabbos) used to place a piece of garlic into the tap-hole of a barrel, and to sleep in the ferry-boat belonging to a gentile. What he ...
1. ... actually achieved by doing that was - stopping up the hole in the first case, and getting a ride across the river, to guard his vineyard, in the second.
2. ... claimed to be doing in each case was - to putting the garlic away and to sleep because he was tired.
(b) Rav Ashi argued that a. the Isur involved in both cases was only mi'de'Rabbanan (and it was not therefore necessary to be so strict) and b. Rav Huna b'Rebbi Chivan was a Talmid-Chacham, and one does not need to worry that next time, he will do these things without Ha'aramah (which is the reason why one might otherwise have forbidden it).
(a) The Mishnah permits ...
1. ... adding water to dregs that have been lying in a strainer from before Shabbos.
2. ... filtering wine in a cloth or a wicker-work basket on Shabbos.
(b) 've'Nosnin Beitzah bi'Mesanenes shel Chardal' - means either that one is permitted to break an egg into mustard that is already being strained in a strainer on Shabbos (with the intention of coloring the mustard yellow); or that one is permitted to break an egg into an empty mustard-strainer, for the yellow of the egg to strain onto other foods on Shabbos.
(c) This is not considered Borer - because both the yellow and the white of the egg are fit to eat, and one is not separating the yellow in order to eat it, but only for the coloring.
(d) The Tana Kama permits preparing Anumlin (a spiced honey drink) on Shabbos. According to Rebbi Yehudah - one is permitted to prepare a cupful of Anumlin on Shabbos, a jarful on Yom-Tov and a barrel-full on Chol ha'Mo'ed.
(e) ... whereas Rebbi Tzadok holds - that it all depends on the guests- the more guests, the more one is permitted to prepare.
(a) We reconcile Ze'iri, who permits filtering wine or water on Shabbos, only if it is clear, with Raban Shimon ben Gamliel in a Beraisa, who permits pouring a barrel of wine, with its dregs, into a cloth-filter, on Shabbos - by establishing Raban Shimon ben Gamliel in the case of a 'barrel among the barrels', where since all the barrels there still contain their dregs, and that is the way one drinks the wine there, filtering it is not considered a Tikun. Elsewhere, since wine is not normally drunk unfiltered, filtering is considered a Tikun.
(b) Making an indentation in the cloth is forbidden, either because it is 'Uvdin de'Chol' ('weekdayish') - or because one may then come to wring out the cloth.
(a) Rav Chiya bar Ashi Amar Rav say that one should also be careful when setting up a strainer on the mouth of the vessel - not to set it up a Tefach or more from the floor of the vessel, because that is like making an Ohel.
(b) This is however permitted, if one only spreads the cloth half way across the mouth of the barrel.
(c) Pressing straw and wooden splinters across the mouth of a small jar - constitutes setting up a strainer, which the Chachamim forbid.
(a) Rav Papa would pour beer from one vessel to another - very gently to avoid separating the dregs from the bottom of the first barrel, which would constitute Borer.
(b) Rav Acha mi'Difta asked Ravina why the last drops that poured from the barrel (leaving only the dregs) constitute Borer. Ravina answered - that the last drops were valueless to Rav Papa, who was a beer maker by profession.
(c) The Beraisa cited by Ya'akov Korchah attributes the Mishnah's leniency permitting placing an egg in a strainer - to the fact that both fit to eat, and it is only because the white is no good for coloring that it is being strained.