TEMURAH 16 (3 Av) - dedicated l'Iluy Nishmas Reb Aharon Dovid ben Elimelech Shmuel Kornfeld (Muncasz/Israel/New York), who passed away on 3 Av 5761, by his daughter Diane Koenigsberg and her husband Dr. Andy Koenigsberg. May his love for Torah and for Eretz Yisrael continue in all of his descendants.

16b----------------------------------------16b

1)

TOSFOS DH V'CHI DANIN EFSHAR MISHE'I EFSHAR

úåñ' ã"ä åëé ãðéï àôùø îùàé àôùø

(Summary: Tosfos cites the Gemara's answer in Horiyos and clarifies the answer given here.)

áäåøéåú (ãó å:) îùðé 'ëåìäå áçãà âîøà âîéøé' - ëìåîø ëì äçîù çèàåú ðùðå áçãà ùéèä, åëéåï ãàéëà áäå ãìà àôùø ìäéåú áöéáåø, ëåìäå ðîé äëé ðùðå ãàéðï áöéáåø.

(a)

Alternative Answer: The Gemara in Horiyos (Daf 6b) answers that 'All of them were said in one go' - meaning that all five Chata'os were learned in one context, and since one of them is not applicable be'Tibur, all of the others wer also learned not by a Tzibur.

åäëà äëé âøñé' - 'àîø øùá"ì, 'àøáòä ðúðå ìäï åäòîéãå òì çîù' ...

(b)

Current Text: Whereas here the text reads - 'Resh Lakish said that 'Four were taught and they established them by five' ...

ôéøåù áñéðé ðúðå ìäí ã' îúåú åçãà øåòä, åùëçå áéîé àáì îùä äé îéðééäå, åâæøå òì ëåìï ùéîåúå.

1.

Clarification: Meaning that from Sinai they were given four Meisos and one Ro'eh, only during the days of mourning of Moshe they forgot which one, so they decreed that all of them must die.

'åàé ñ"ã áöéáåø, äðê îé àéúðäå áöéáåø? àìà ò"ë éìîåã ñúåí îï äîôåøù' ...

(c)

Current Text: 'And if you would think that that speaks by a Tzibur, are they applicable to a Tzibur? We must therefore say that we learn what is hidden from what is revealed' ...

åìà îéáòéà àí ðâîøä ìäï áëåìï ùéîåúå, ôùéèà ãáçã âîøà äåå âîéøé - åëéåï ãàéëà áäå ãìéëà áöáåø, ëåìäå ðîé ìéúðäå áöéáåø ...

1.

Clarification: It goes without saying that if the 'Halachah' by all of them had been that they should die, that they would all have been learned in one go - and since some of them are not applicable to a Tzibur, none of the others will apply to a Tzibur either ...

àìà àôéìå äùúà ðîé ãâîøå ãàéëà áäå ãäåéà øåòä, àîøé' ãëåìäå ìéúðäå áöáåø ...

2.

Clarification (cont.): But even now that the 'Halachah' states that some of them are Ro'eh, we will still say that all of them do not apply to a Tzibur ...

åìà îéáòéà àí àåúä ùøåòä äéà îàåúï ãìéúðäå áöáåø ...

(d)

Clarification (cont.): And it goes without saying that if the one that is Ro'eh is among those that are not applicable to a Tzibur ...

åà"ë ëì äã' ùðâîøå ìîåú ðâîøå áçã âîøà, åëåìäå ìéúðäå áöáåø ...

1.

Clarification (cont.): In which case the four that were taught must die were all said in one go, and all of them will not apply to a Tzibur ...

ãìëì äôçåú á' îäí ðâîøå ùìà áöáåø, ëîå ëï ðîé äá' äàçøéí ðâîøå ùìà áöáåø ...

(e)

Reason: Seeing as at least two of them were taught not by a Tzibur, so too, will the other two not apply to a Tzibur ...

àìà àôé' àú"ì ãëôøå áòìéä àå òáøå ùðúä, ãçã îéðééäå äåä àåúä ùðâîøä ìäéåú 'øåòä', îéäå àéãê ðâîøä ìîåú òí ùìùä ãìéúðäå áöáåø ...

(f)

Clarification (cont.): But even if you will say that where the owner has received his atonement or where the year passed, one of them is the one that was taught 'Ro'eh', the other one will have been taught le'Misah, together with the three to which Tzibur is not applicable ...

äøáéòéú ðîé ìéúà áöáåø.

1.

Clarification (concl.): And the fourth one will not apply to the Tzibur either.

åîòúä àåúä ùðâîøä ìäéåú øåòä åùëçåä, åâæøå òìéä îéúä, àó òì âá ãàôùø ìäéåú áöáåø, îéäå éìôéðï àôùø îàôùø ...

(g)

Conclusion: Consequently, the one that was taught Ro'eh, which they forgot and on which they decreed Misah, even if it applicable to a Tzibur, we will nevertheless learn Efshar from Efshar ...

åëéåï ãðâîøå äàøáòä ìîåú áéçéã åìà áöáåø, îùåí ãáçãà âîøà âîéøé, àéãê ðîé ùðâîøä ìäéåú øåòä åâæøðå òìéä îéúä îôðé ùäåùëçä, áéçéã ãå÷à ðâæåø òìéä îéúä åìà áöáåø ...

1.

Conclusion (cont.): And since the four were learned for Misah only by a Yachid but not by a Tzibur, since they were learned at the same time, the remaining one which was taught Ro'eh and on which they decreed Misah because it was forgotten, we will also decree only by a Yachid and not by a Tzibur ...

ãéìôéðï àôùø îùàôùø.

(h)

Reason: Seeing as we are learning Efshar from Efshar.

2)

TOSFOS DH REBBI NASAN AMAR ACHAS NITNAH V'HE'EMIDUHAH AL CHAMESH

úåñ' ã"ä øáé ðúï àîø àçú ðéúðä åäòîéãåä òì çîù

(Summary: Tosfos clarifies the Sugya.)

ôéøåù áñéðé ðúðä ìäí àçú îúä åàøáòä øåòåú, åðùúëçä áéîé àáì îùä äé ðéðäå îúåú åäé ðéðäå øåòåú, ìôéëê âæøå òì ëåìï ùéîåúå ...

(a)

Clarification: On Sinai they were given one for Misah and four for Ro'eh, but during the days of mourning of Moshe they forgot which was which, so they decreed on all of them that they must die ...

åñîéê à'äà ãîñé÷ 'îä îôåøù áéçéã ... ', àìà ôøéê òì ãáøéå î÷îé ãàñé÷ðà, åäãø àñé÷ðà ìîéìúéä ãøáé ðúï.

1.

Clarification (cont.): And the Gemara relies on the conclusion 'Just as what is explicit is confined to a Yachid ... ' (See Shitah Mekubetzes 24), only before it concludes, it queries his (Rebbi Nasan's) words, and then cites the conclusion of Rebbi Nasan.

åôøéê 'åìéçæé áäé ñãøà âîéøé, àé áöáåø àé áéçéã?' ...

(b)

Question: The Gemara asks 'Let us see how the Halachah was handed down, by a Tzibur or by a Yachid?' ...

ôéøåù ìîä âæøå òì ëåìï ìîåú? äøé àéëà áäå â' ãáéçéã àéúðäå åìà áöáåø, åá' ãàéúðäå áöáåø ...

1.

Clarification: Why did they decree that all of them must die, bearing in mind that three of them are applicable to a Yachid and not to a Tzibur, and two of them, to a Tzibur as well ...

åìéçæé àí àåúä ùðâîøä ìîåú äéà îï äùìùä, ìâæåø îéúä òì äùìùä åäùðéí éøòå ...

2.

Clarification (cont.): So let us see whether the one one that was taught that it must die is one of the three, then we will decree Misah on the three, and on the two, Ro'eh ...

åàí äéà îï äùðéí, ìà äéä ìäí ìâæåø îéúä ø÷ òì äá' åäùìùä éøòå?

3.

Clarification (concl.): Whereas if it is one of the two, they ought only to have decreed Misah on the two, and on the three, Re'iyah?

åîùðé 'ùúé ùëçåú - ùëçå äé ðâîøä ìîéúä, åâí ùëçå àí äéà îï äùðéí àå îï äùìùä, ìôéëê âæøå îéúä òì ëåìäå.

(c)

Answer: And the Gemara answers that they forgot two things - They forgot a. which one was taught for Misah, and b. whether it is from the two or from the three, and that explains why they decreed on all of them.

åäùúà àñé÷ ìîéìúéä å÷ùéà ìäå 'àé ñ"ã ... ' ?

(d)

Clarification (cont.): And it is now that the Gemara concludes, and asks 'If you would think ... ' ? ...

'àìà ù"î éìîã ñúåí îï äîôåøù; îä îôåøù ... ' (ôéøåù çã ùðâîø ìäéåú øåòåú åâîøå áçã âîøà åéìîã ñúåí îï äîôåøù) ...

1.

Clarification (cont.): Thus is a proof that we learn what is hidden from what is revealed; Just as what is revealed ... ' ...

ôéøåù äã' ùðâîøå ìäéåú øåòåú ðâîøå áçã âîøà, åéìîã ñúåí îï äîôåøù - äëì ëãôéøùðå âáé îéìúà ãøáé ùîòåï áï ì÷éù.

2.

Clarification (concl.): With reference to the four that were taught to be Ro'eh, were all handed down in one go, what is hidden we now learn from what is revealed - just as Tosfos explained with regard to Resh Lakish (in the previous Dibur).

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