12th CYCLE DEDICATIONS
 
YEVAMOS 81 (8 Av) - Dedicated in honor of the second Yahrzeit of Mrs. Lily (Leah bas Pinchas) Kornfeld, a holocaust survivor who met all of life's challenges with courage and fortitude, by her daughter and son-in-law Diane and Andy Koenigsberg and family.

[81a - 35 lines; 81b - 21 lines]

1)[line 2]שומרת יבםSHOMERES YAVAM- a Yevamah who is waiting [for Yibum or Chalitzah]

2)[line 2]פסולה ליבמהPESULAH L'YEVAMAH- is prohibited to her brother-in-law [since the Zikah (relationship) binding them is similar to that of a husband and wife]. Since the relationship of a Yevamah to her Yavam is akin to that of a married couple, relations with another should render her a Zonah (see below, entry #4) who is invalidated from marrying a Kohen or eating Terumah.

3)[line 4]בדידיהB'DIDEI- referring to his [inability to perform Chalitzah]

4)[line 7]איילונית זונה היאAILONIS ZONAH HI- an Ailonis (see Background to 79:13) has the status of a Zonah (see Background to 76:35)

5)[line 8]סריס חמהSERIS CHAMAH- a man who is sterile from birth, exhibiting certain outward signs of his condition (see 80b)

6)[line 9]בתרומהTERUMAH (TERUMAH GEDOLAH)

(a)Once a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Terumah is one of the twenty-four Matnos Kehunah (gifts given to Kohanim by non-Kohanim). Although the Torah does not specify how much to give, the Rabanan set the requirement at between one fortieth and one sixtieth of the total crop. Until Terumah and Ma'asros (tithes) have been properly separated, the produce is termed "Tevel" and may not be eaten.

(b)Terumah must be eaten by Kohanim or their wives, unmarried daughters, and Nochri slaves, when they are Tehorim. If the wife of a Kohen is not herself the daughter of a Kohen, she may eat Terumah only as long as her husband or at least one of their joint descendants is alive (Vayikra 22:11, Bamidbar 18:11; see Nidah 44a). If the daughter of a Kohen marries a Yisrael, she may not eat Terumah. If, however, she is widowed or divorced without children, then she returns to her father's house and may once again eat Terumah.

7a)[line 9]אנדרוגינוסANDROGINUS- a hermaphrodite (one with both male and female reproductive organs)

b)[line 11]טומטוםTUMTUM- one whose genitals are covered [such that it is impossible to determine whether he is male or female]

8)[line 11]שנקרעSHE'NIKRA- that his covering tore

9)[line 11]יחלוץYACHLOTZ (CHALITZAH / YIBUM)

(a)Should a married man die without children, his widow is not then free to marry whomever she pleases. The brothers of her deceased husband have a Mitzvah to perform Yibum (levirate marriage); that is, they are obligated to marry her (Devarim 25:5-10). If the deceased has more than one brother, the oldest brother is offered the Mitzvah of Yibum first (Yevamos 24a).

(b)If none of the brothers wishes to carry out this Mitzvah, then one brother must perform Chalitzah. This is a procedure in Beis Din which dissolves the ties binding the widow to her brother(s)-in-law (known as "Zikah"), thus allowing her to marry anyone else. One of the brothers must appear together with his widowed sister-in-law before a Beis Din of three and state, "I do not wish to marry her." His sister-in-law then approaches him, removes his right sandal, and spits on the ground in front of him. She then declares, "This is what shall be done to the man who will not build his brother's family." After this she is free to marry whomever she wants.

10a)[line 12]נושאNOSEI- he/she may marry [a woman]

b)[line 13]אבל לא נישאAVAL LO NISA- but he/she may not be married [to a man]

11)[line 14]סקילהSEKILAH (MISOS BEIS DIN)

(a)One who transgresses certain sins, after receiving a proper warning and in front of two witnesses, receives the death penalty from Beis Din. The four death penalties administered by Beis Din, in order of stringency, are:

1.SEKILAH - one who is convicted of an Aveirah punishable by stoning is led to the Beis ha'Sekilah, which is located outside of the settlement (Sanhedrin 42b). This is a structure twice the height of an average person. The convict is given wine to drink until he is inebriated, and he is then brought to the top of the Beis ha'Sekilah with his hands tied. The two witnesses whose testimony served to convict him accompany him, and one of them pushes him off of the top platform. Should he survive the fall, the witnesses roll a large stone heavy enough to require the two of them to lift it onto him from above. If he is still alive following this, then all those assembled pelt him with stones until he perishes (Sefer ha'Chinuch #555). Sins for which Sekilah is administered include Shabbos desecration, idol worship, cursing G-d, bestiality, sodomy, and certain illicit relations including incest with one's daughter-in-law (Sanhedrin 53a).

2.SEREIFAH - one who is convicted of an Aveirah punishable by burning is placed into refuse up to his knees. A scarf of hard material wrapped within a scarf of soft material is then wrapped around his neck. The witnesses to his crime pull on the ends of the double scarf until the convict opens his mouth, at which point molten lead is poured down his throat, burning his intestines (Sefer ha'Chinuch #26). Sereifah is administered for certain illicit relations, including incest with one's daughter or granddaughter, or spouse's daughter or granddaughter (Sanhedrin 75a).

3.HEREG - one who is convicted of an Aveirah punishable by death by sword has his head severed in Beis Din by the witnesses to his crime (Sefer ha'Chinuch #50). Sins for which Hereg is administered include serving Avodah Zarah along with other inhabitants of an Ir ha'Nidachas, and murder (Sanhedrin 76b).

4.CHENEK - one who is convicted of an Aveirah punishable by strangulation is placed into refuse up to his knees. A scarf of hard material wrapped within a scarf of soft material is then wrapped around his neck. The witnesses to his crime pull on the ends of the double scarf until he expires (Sefer ha'Chinuch #47). Sins for which Chenek is administered include wounding one's parents, an elder who rules against Beis Din (a Zaken Mamrei), one who prophecies falsely, and certain illicit relations (Sanhedrin 84b).

(b)According to Rebbi Shimon, the order of stringency is Sereifah, Sekilah, Chenek, and Hereg (Mishnah Sanhedrin 9:3, Gemara Sanhedrin 49b).

(c)Beis Din is strongly encouraged to act leniently and find a loophole so as not to administer the death penalty (Devarim 13:15). A Beis Din that puts a sinner to death as often as once every seven years is considered a murderous Beis Din. According to Rebbi Elazar ben Azaryah, this applies to a Beis Din that puts a sinner to death as often as once in seventy years (Mishnah, Makos 7a).

12)[line 14]כזכרK'ZACHAR- as [one would be for having relations with] a man

13)[line 14]פשיטאPESHITA!- it is obvious [that the wife of a Seris Chamah may eat Terumah]!

14)[line 15]מולידMOLID- one who can father children

15)[line 18]ואין מאכילה בחזה ושוקEIN MA'ACHILAH B'CHAZEH V'SHOK (CHAZEH V'SHOK)

(a)The chest and the right hind leg of a Korban Shelamim (see Background to Yoma 62:32) are held by their owner, while the Kohen places his hands underneath. They are then waved in the four directions of the compass, upward, and downward. The chest and leg are then presented as a gift to a Kohen (Vayikra 7:28-36). It may be eaten only by him and the members of his household.

(b)Reish Lakish maintains that the wife of an Androginus who is a Kohen may not partake of the Chazeh v'Shok. Since it is unclear whether an Androginus is a man or a woman, she may not actually be his wife.

16)[line 21]בזמן הזהBI'ZMAN HA'ZEH- nowadays [after the destruction of the Beis ha'Mikdash]

17)[line 22]אדתניAD'TANI- instead of teaching

18)[line 23]ליפלוג וליתניLI'FLOG V'LISNI B'DIDAH- split and teach within the original [case]

19)[line 26]בזמן חזה ושוקB'ZMAN CHAZEH V'SHOK- the time [period in which the gift] of Chazeh v'Shok [was possible]

20)[line 27]בתרומה דרבנןTERUMAH D'RABANAN / TERUMAH D'ORAISA

(a)When describing the Mitzvah of Terumah (see above, entry #6), the Torah instructs one to "give [the Kohen] the first portion of your grain, wine, and oil..." (Devarim 18:4).

1.Based upon this verse, many Rishonim rule that according to Torah law Terumah need only be separated from grains, grapes, and olives (as well as wine and oil) (RASHI, TOSFOS to Bechoros 54a DH u'Shnei and elsewhere, RA'AVAD Hilchos Ma'aser 1:9, SEFER HA'CHINUCH #507).

2.The RAMBAN (to Devarim 14:22) maintains that Terumah mid'Oraisa need be separated from grains, wine, and oil, but not from fresh grapes or olives. TOSFOS (to Bava Metzia 88b DH Ki) maintains that the verse refers to grapes and olives, but only if they were harvested to be eaten fresh.

3.The opinion of the RAMBAM (Hilchos Terumos 2:1,6) is that the verse requires Terumah to be separated from all produce that (a) grows from the ground; (b) is regularly considered fit for humans consumption; and (c) is in the possession of a Jew [and is not ownerless (Hefker)].

(b)Even according to those who disagree with the Rambam, all produce that fits his definition must have Terumah separated from it mid'Rabanan.

21)[line 28]אף מאכילה בחזה ושוקAF MA'ACHILAH B'CHAZEH V'SHOK- he may even feed her Chazeh v'Shok [since an Androginus is definitely a male]

22)[line 31]שונהSHONEH- learn [a Beraisa]

23)[line 31]עיגול בעגולים עולהIGUL B'IGULIM OLEH (BITUL TERUMAH)

(a)The status of a mixture containing items with two different Halachic classifications depends on the ratio of the two elements:

1.If most of the mixture is Isur (prohibited), then the entire mixture is prohibited mid'Oraisa;

2.If most of the mixture is Heter (permitted), but the Isur constitutes more than one-sixtieth of the mixture, then the Isur has the status of a "Nosen Ta'am" (giving taste) to the Heter, and is therefore prohibited mid'Rabanan. This follows the understanding of those who maintain that "Ta'am k'Ikar" (the taste of a food item must Halachically be dealt with as its essence) is a Rabbinic law. There are those, however, who are of the opinion that "Ta'am k'Ikar" is mid'Oraisa. According to this view, if the two elements of the mixture do not have the same taste then the entire mixture would be prohibited mid'Oraisa;

3.If the amount of Isur is less than one-sixtieth of the Heter, then it is not Nosen Ta'am and the mixture is permitted.

(b)This holds true for most Isurim. There are, however, some classifications for which the guidelines are more stringent. Terumah is Batel only when one part of Terumah mixes with a minimum of one hundred parts of Chulin (non-sanctified produce). When this ratio exists, then an amount of the produce equal to that of the Terumah which was lost must be removed and dealt with as Terumah. What remains has the Halachic status of Chulin.

(c)In a case in which the ratio of Terumah to Chulin is less than one in one hundred, then the mixture is termed "Meduma" - "mixed" - and is forbidden to non-Kohanim.

(d)Some maintain that this applies only to a mixture of Terumah and Chulin of the same type of produce; if they are two different food items then Terumah is Batel according to the same guidelines that apply to other mixtures (TOSFOS to Chulin 99a DH Ein).

(e)The Beraisa taught by Reish Lakish discusses a round cake of pressed dried figs (Igul) of Terumah mixed with one hundred such cakes of Chulin. Even though the ratio of Bitul (annulment) for Terumah has been achieved, there is another consideration for why the cake should not be Batel - it is a Davar sheb'Minyan (see below, entry #25). It must therefore be that Terumah after the destruction of the Beis ha'Mikdash is mid'Rabanan, and that is why it is Batel. (Although it is true that Terumah of figs is always mid'Rabanan (see above, entry #20), if Terumah mid'Oraisa existed then the Rabanan would have decreed that Terumah mid'Rabanan be held to the same standards.)

24)[line 32]חתיכה בחתיכות עולהCHATICHAH B'CHATICHOS OLEH- The Beraisa cited by Rebbi Yochanan discusses a piece of a Korban Chatas (see below, entry #35) that is Tamei mixed with one hundred pieces of Korbanos Chatas that are Tehorim. Even though such a piece is forbidden mid'Oraisa, it is Batel - even though it is on the same level of Davar sheb'Minyan (see next entry) as a fig-cake! It must be that the only level of Davar sheb'Minyan that prevents an item from annulment is Es she'Darko li'Mnos (see next entry).

25)[line 33]כל שדרכו לימנות שנינוKOL SHE'DARKO LI'MNOS SHANINU / ES SHE'DARKO LI'MNOS SHANINU (DAVAR SHEB'MINYAN)

(a)The status of a mixture containing items with two different Halachic classifications depends on the ratio of the two elements; see entry #23:a.

(b)This holds true for most Isurim. There are, however, some classifications for which the guidelines are more stringent. One example of that which can never be nullified is a Davar Chashuv - an item of substantial value. Tana'im (Orlah 3:6) disagree over the degree of substantiality necessary to be included in this exception. The Chachamim rule that six specific items are excluded from the general Halachos of Bitul, Rebbi Akiva adds an additional exception, and Rebbi Meir affords such a status to items that are sold by unit (Davar sheb'Minyan) as opposed to by estimate. Within the opinion of Rebbi Meir, it is unclear if the exception applies to items which are always sold by count - "Es she'Darko li'Mnos" - or even to those which are usually sold by count - "Kol she'Darko li'Mnos." Rebbi Yochanan maintains the former, whereas Resh Lakish contends that the latter is true.

26)[line 34]חבילי תלתןCHAVILEI TILTAN- bundles of fenugreek (O.F. fenogre)

27)[last line]כלאי הכרםKIL'EI HA'KEREM

(a)"Kil'ayim" means "forbidden mixture." Any two items - each of which is permitted alone - which one may not combine are termed Kil'ayim (see Background to Kidushin 39:23a). Our Gemara is referring to Kil'ei Zera'im.

(b)Kil'ei Zera'im occurs when two different crops are sown in close proximity to one another, which is forbidden (Vayikra 19:19). This prohibition is punishable by Malkos (lashes). The Mishnayos in Maseches Kil'ayim specify how much distance one is required to leave between various crops.

(c)This prohibition applies only in Eretz Yisrael, and does not apply to vegetables (Kidushin 39a).

(d)The verse describes produce sown as Kil'ei ha'Kerem as having become "Kadosh" (Devarim 22:9). In this context, this means that (a) one may not derive any benefit from one of the crops, and (b) that crop must be burned. The entire crop need not be uprooted, however. Since the smaller crop is Batel (nullified) to the larger if the ratio is less than a quarter of a Kav per Se'ah (1/24), once it has reached that point than it may be left (Kil'ayim 2:1; see TOSFOS YOM TOV for an explanation for this Halachah).

28)[last line]ידלקוYIDLEKU- they must be burned

81b----------------------------------------81b

29)[line 1]יעלו באחד ומאתיםYA'ALU B'ACHAS U'MASAYIM- they are nullified in [a mixture with] one [part Kil'ayim] and two hundred [parts permitted bundles]

30)[line 3]מקדשMEKADESH- prohibits [a mixture of any size] (see above, entry #27)

31a)[line 4]אגוזי פרךEGOZEI PERECH- (a) nuts from a place called Perech (RASHI); (b) crumbly nuts (TOSFOS DH Perech)

b)[line 5]ורמוני בדןV'RIMONEI BADAN- and pomegranates from Badan, a place in Samaria renowned for its pomegranates

c)[line 5]וחביות סתומותV'CHAVIYOS SESUMOS- and sealed barrels [of wine and oil] (RABEINU CHANANEL to Beitzah 3b)

d)[line 5]וחלפי תרדיןV'CHILFEI TERADIN- and young beet shoots

e)[line 6]וקולחי כרובKILCHEI KERUV- heads of [large] cabbages [that grow in Eretz Yisrael]

f)[line 6]ודלעת יוניתV'DELA'AS YEVANIS- and Greek gourd

g)[line 7]ככרות של בעה''בKIKAROS SHEL BA'AL HA'BAYIS- home-baked loaves [of bread]

32)[line 7]הראוין לערלהHA'RE'UYAN L'ORLAH- those to which the prohibition of Orlah apply (namely, the nuts, pomegranates, and barrels of wine and oil; see next entry)

33)[line 7]ערלהORLAH

(a)One may not derive any benefit from fruit produced by a fruit tree in the first three years following its planting. These fruits are termed "Orlah" (Vayikra 19:23). This status applies not only to the fruit but also to the peel of the fruit (Kelipei Orlah).

(b)The consumption a k'Zayis (an olive-equivalent) of Orlah fruit is punishable by Malkus (lashes). Most Rishonim rule that one who derives benefit from Orlah (or any other food from which the derivation of benefit is prohibited) receives Malkus as well (see TOSFOS to Chulin 120a DH Ela). There are those, however, who maintain that such a transgression renders one liable to receive only Makas Mardus (Malkus instituted by the Rabanan) (RAMBAM Hilchos Ma'achalos Asuros 8:16; see also Mishneh l'Melech to Yesodei ha'Torah 5:8).

34)[line 8]לכלאי הכרםL'KIL'EI HA'KEREM- those to which the prohibition of Kil'ei ha'Kerem apply (namely, the nuts, pomegranates, and barrels of wine and oil; see above, entry #27)

35)[line 11]חטאתCHATAS (KORBAN CHATAS)

(a)Should one transgress a sin b'Shogeg (unintentionally) for which he would be liable to receive the punishment of Kares (see Background to 49:2) had he done so b'Mezid (intentionally), he must offer a Korban Chatas. This Korban consists of a female goat or sheep.

(b)One who offers a Korban Chatas first leans on the animal with all his might (Semichah) in the northern area of the Azarah. He then recites Viduy, confessing his sin and asking HaSh-m for forgiveness. The animal is then immediately slaughtered. The blood of the Chatas is then applied to the Keranos (cubic Amah posts on the corners of the Mizbe'ach), beginning with the southeastern Keren, and continuing on to the northeastern, northwestern, and southwestern Keranos. The remaining blood is then spilled onto the Yesod (base) of the Mizbe'ach. Certain parts of the Korban are consumed by Kohanim in the Azarah; they must finish eating the Korban on the day following its offering (Vayikra 4:27-31).

36)[line 12]פרוסהPERUSAH- a piece

37)[line 13]לחם הפניםLECHEM HA'PANIM

The Lechem ha'Panim (Showbread) refers to the twelve loaves arranged in two stacks (Sedarim) - six loaves to a stack - on the Golden Table of the Mishkan or Beis ha'Mikdash. The loaves are one Tefach thick and may not be Chametz. Fresh loaves are arranged on the Table every Shabbos and are left there through the following Shabbos. The loaves are eaten by Kohanim after their removal (Vayikra 24:5-9).

38)[line 14]תעלהTA'ALEH- [an amount equal to that which fell in] should be lifted out [and the rest may be considered Tahor] (see above, entry #23:b)

39)[line 15]לא תעלהLO TA'ALEH- it is not nullified [since Rebbi Yehudah is of the opinion that (a) Min b'Mino Lo Batel (see Background to 82:1) (RASHI); (b) Kol she'Darko li'Mnos Eino Batel (see above, entry #25) (TOSFOS DH Rebbi)]

40)[line 19]דברי הכל לא תעלהDIVREI HA'KOL LO TA'ALEH- everyone agrees that it is not nullified (see Insights to 82:1)

41)[line 19]קתני מיהת רישא תעלהKATANI MIHAS REISHA TA'ALEH!- the first case of the Beraisa teaches, however, that [a cut from a Korban Chatas that is Tamei] is nullified [even though it is prohibited mid'Oraisa - how then can Reish Lakish maintain that the opinion of Rebbi Meir is "Kol she'Darko li'Mnos"?]

42)[last line]בנימוחהNIMOCHAH- [the piece of Chatas] disintegrated

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