prepared by Rabbi Eliezer Chrysler of Kollel Iyun Hadaf
Rosh Kollel: Rabbi Mordecai Kornfeld
(a) We learned in the Beraisa that according to Rebbi Shimon, 'Kodshei Akum Lo Nehenin ve'Lo Mo'alin'. Why is that? If they are Asur be'Hana'ah, why is someone who transgresses not automatically Mo'el?
(b) What do we learn from ...
1. ... the words "B'nei Yisrael" (in the Pasuk in Korach [in connection with Terumah] "ve'Lo Yechalelu es Kodshei B'nei Yisrael asher Yarimu la'Hashem")?
2. ... the 'Gezeirah-Shavah' "Chet" (in connection with Me'ilah) "Chet" from Terumah"?
(c) Also with reference to the Beraisa, we learn from the Pasuk in Emor "Veyinazru mi'Kodshei B'nei Yisrael ve'Lo Yechalelu" that Kodshei Akum are not subject to Tum'ah. What do we now learn from the 'Gezeirah-Shavah' ...
1. ... "Chilul" ("ve'Ochlav Avono Yisa, ki es Kodesh Hash-m Chilel" [in connecton with Nosar]) "Chilul" ("ve'Lo Yechalalu") from Tum'ah?
2. ... "Avon" ("ve'ha'Nefesh ha'Ocheles mimenu Avono Yisa" [in connection with Pigul]) "Avon" from Nosar?
(a) What do we learn from the Pasuk in Bechukosai (in connection with the Temurah) "Daber el B'nei Yisrael leimor Ish ki Yafli Neder be'Erk'cha"?
(b) Alternatively, we learn it from the Pasuk in Korach (in connection with Ma'asar Dagan) "ki es Ma'asar B'nei Yisrael", 've'Lo Akum'. How do we learn it from there? What has Ma'asar Dagan to do with Temurah?
(a) Finally, what does Rebbi Shimon learn from the Pasuk in Sh'lach-l'cha (in connection with Nesachim) ...
1. ... "Kol ha'Ezrach ... " (Whom does this come to preclude)?
2. ... "Kachah" (What does this come to include)?
(b) How do we reconcile the two Pesukim?
(c) How will we explain "Kol ha'Ezrach Ya'aseh Kachah" according to the text that reads 've'Ein Meivi aleihen Nesachim, Aval Korbano Ta'un Nesachim'?
(d) And what does Rebbi Yossi learn from the word "la'Hashem" in the Pasuk "Ish Ish mi'Beis Yisrael ... asher Yakrivu la'Hashem le'Olah"?
(a) We learned above that Kodshei Nochrim are not subject to Me'ilah, "Chet" "Chet" from Terumah. On what grounds do we preclude Kodshei Bedek ha'Bayis of Nochrim from the exemption?
(b) What problem do we have with ...
1. ... Rav Yehudah Amar Rav, who rules that 'La'av she'Ein bo Ma'aseh, Ein Lokin alav'?
2. ... establishing our Mishnah like Rebbi Yehudah (who holds ' ... Lokin alav')?
(c) What do we gain by answering that our Mishnah is learned by a third Tana?
(a) What did Rav Idi bar Avin, citing ... Rebbi Yehudah in the name of Rebbi Yossi ha'Gelili say about someone who transgresses a La'av she'Ein bo Ma'aseh?
(b) The three exceptions to this rule are Nishba (someone who swears falsely), Meimar and Mekalel es Chavero be'Sheim (i.e. using the Name of Hash-m). Which fourth exception did they add in the name of Rebbi Yossi b'Rebbi Chanina?
(c) Rebbi Yochanan quoting Rebbi Meir (or Rebbi Shimon) learns 'Nishba' from the Pasuk in Yisro "Ki Lo Yenakeh Hash-m es asher Yiso es Sh'mo la'Shav". How does he extrapolate it from there?
(d) Rav Papa asked Abaye why the Pasuk cannot be coming to teach us that the sinner cannot be cleansed from his sin at all. What did Abaye reply?
(a) The Torah specifically refers to Shevu'as Shav. What is the definition of a Shevu'as Shav?
(b) What source does Rebbi Yochanan cite to incorporate Shevu'as Sheker in the Din of Malkos?
(a) Rebbi Avahu tries to define Shevu'as Sheker. On what grounds do we refute the suggestion that the case of Shevu'as Sheker is ...
1. ... 'Shevu'ah she'Lo Ochal', ve'Achal?
2. ... 'Shevu'ah she'Ochal Kikar Zeh ha'Yom', ve'Avar ha'Yom ve'Lo Achal. What do both Rebbi Yochanan and Resh Lakish agree in such a case?
(b) If Rebbi Yochanan gives the reason for this last ruling as 'La'av she'Ein bo Ma'aseh Ein Lokin alav', what reason does Resh Lakish give for it?
(c) So Rebbi Avahu establishes the Pasuk (with regard to Malkos) by 'Achalti' ve'Lo Achal. Bearing in mind that both 'Achalti', ve'Lo Achal and 'Ochal', ve'Lo Achal do not entail an act, how does Rava explain the Chiyuv Malkos in the former case any more than in the latter one?
(d) If not for Rebbi Avahu, why might we have thought that he does not receive Malkos for 'Achalti', ve'Lo Achal.
(a) What is a Shevu'as Bituy?
(b) What does the Mishnah, discussing a Shevu'as Bituy, say about someone who eats a loaf after declaring three times that he will not eat it?
(c) On what principle is this ruling based?
(d) If he is Chayav Malkos for transgressing be'Meizid, what is he Chayav for transgressing be'Shogeg?
(e) What did Rebbi Yirmiyah try to extrapolate from the Lashon of the Tana, who precedes his dual ruling with 'Zehu Shevu'as Bituy ... ', that will refute Rebbi Avahu's answer (that it speaks by 'Achalti', ve'Lo Achal)?
(a) What did Rebbi Avahu answer? If 'Zu Hi' does not come to preclude 'Achalti', ve'Lo Achal from Malkos, then what does it come to preclude?
(b) Rebbi Yirmiyah then queried him from the Seifa 'Zu hi Shevu'as Shav she'Chayavin al Zedonah Malkos ve'al Shig'gasah Patur'. What did he try to extrapolate from there that clashes with Rebbi Avahu?
(c) How does Rebbi Avahu again counter Rebbi Yirmiyah?
(d) We query this however, on the grounds that the author of the Reisha will not tally with the author of the Seifa. If the author of the Reisha is Rebbi Yishmael, who restricts a Korban Oleh ve'Yored to the future, who will be the author of the Seifa?
(a) We therefore establish the author of the Reisha, like the Seifa, as Rebbi Akiva, yet the Tana is not precluding 'Achalti', ve'Lo Achal from a Korban. What then, is he coming to preclude?
(b) What prompts us to say this? When he speaks about Shevu'ah she'Lo Ochal ... ', why would he be more likely to preclude 'Ochal', ve'Lo Achal, than 'Achalti', ve'Lo Achal?
(c) On what grounds did Rebbi Yochanan instruct the Beraisa expert to omit 'Meimar' from the list of the three exceptions of La'av she'Ein bo Ma'aseh?
(a) What did Rebbi Elazar Amar Rebbi Oshaya initially not understand about the Pasuk in ki Savo "Im Lo Sishmor ... Leyir'ah es Hash-m, Vehifla Hash-m es Makoscha"?
(b) How do we know that the Pasuk is referring to Mekalel es Chavero be'Sheim?
(c) What did the Pasuk in ki Seitzei (with reference to Malkos) "Vehipilo ha'Shofet" teach him?
(a) On what basis do we reject the suggestion that ...
1. ... the Pasuk "Im Lo Sishmor" is referring to a Shevu'as Emes as well? What does the Torah write in Mishpatim (in connection with a Shomer) that negates this suggestion?
2. ... even though the Torah permits a Shomer to swear to appease the owner, any other form of Shevu'as Bituy receives Malkos for having taken the Shevu'ah? What does the Torah write in Va'eschanan that negates that suggestion too?
(b) We query this answer, in that we need the Pasuk in Va'eschanan to teach us Rav's Din. What did Rav Gidal Amar Rav say, based on the Pasuk in Tehilim "Nishba'ati va'Akayeimah Lishmor Mishpetei Tzidkecha"?
(c) How do we refute ...
1. ... this Kashya? What does the Torah write in Eikev?
2. ... the suggestion that perhaps the Pasuk ("Im Lo Sishmor La'asos ... Vehifla Hash-m") comes to sentence someone who pronounces the Name of Hash-m in vain, to Malkos?
(d) The questioner knew that too. What did he really mean to ask?
(a) How do we answer the Kashya, by citing the Pasuk in Kedoshim "Lo Sekalel Cheresh" (in conjunction with "ve'Nasi be'Amcha Lo Sa'or")? What do we learn from there (see Rabeinu Gershom)?
(b) Then why do we need "Im Lo Sishmor La'asos ... Vehifla"?
(c) What is the alternative answer, based on the same Pasuk? How does this indicate that "Im Lo Sishmor ... " refers to Mekalel es Chavero be'Sheim, and not to pronouncing the Name of Hash-m in vain?
(d) Why will the Pasuk in Va'eschanan "es Hash-m Elokecha Tira" not solve the problem?