ZEVACHIM 3 (1 Iyar) - Dedicated by Ari Friedman and family of Lawrence, N.Y., l'Iluy Nishmas Ari's father, Reb Yakov Yosef ben Rav Nosson Neta Z'L Friedman in honor of his Yahrzeit. Jack Friedman exemplified true Ahavas Yisrael and Ahavas Chesed; may he be a Melitz Yosher for his children and grandchildren and for all of Klal Israel.

[3a - 38 lines; 3b - 36 lines]

1)[line 1]ונמלךV'NIMLACH- and he changed his mind

2)[line 4]דאינתיק ליהD'INTIK LEI- it was designated for...

3)[line 9]לבלרLAVLAR- a scribe

4)[line 10]אין ברירהEIN BEREIRAH

(a)In numerous places in Shas we find arguments among the Tana'im/Amora'im as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e. Bereirah doesn't work). Bereirah means making one's action contingent retroactively on future events. Examples of this are: selling an object on the condition that it rains tomorrow; buying or selling today an object that will be selected tomorrow. "Ein Bereirah" means that such a stipulation does not work. An action cannot be contingent on a future event. The Ran (Nedarim 45b) explains the logic of this rule by saying, "It is not proper for something to take effect, when there remains a doubt on what it will take effect" (See Insights to Chulin 15:2.). "Yesh Bereirah" means that such a stipulation does work.

(b)When the action is contingent on a past event, there is no question that the action works - even if the people involved in the action are not aware as to whether the past event did or did not take place. Example: If a person makes two Eruvei Techumin before sundown on Erev Shabbos, in two different directions, and stipulates "if my Rebbi is presently staying in a village towards the East, I would like the Eastern Eruv to work, if not, I would like the Western Eruv to work." The man making the Eruv may not know where his Rebbi is, but when he finds out, the Eruv will have taken effect on the side that he stipulated.

(c)We find dozens of instances in the Gemara where a person may perform an action "on the condition that..." (b'Tenai). For example, a man may buy or sell an object or divorce his wife on the condition that the other party pays or does whatever the first party specifies. If the condition is not kept in the future, the sale or divorce is annulled. This situation is not called Bereirah - see Insights to Yoma 56:1.

(d)Halachically, most Poskim conclude (based on Beitzah 38a) that regarding Biblical questions (mid'Oraisa), we assume that Bereirah does not work (l'Chumrah), but in regards to Rabbinical questions (mid'Rabanan), we rely on Bereirah.

5)[line 18]טופסי גיטיןTOFSEI GITIN (GITIN: TOFES / TOREF)

(a)See Background to Zevachim 2:18.

(b)The "Tofes" of a Get is the standard text of a Get, as opposed to the "Toref," the main part of the Get. The Toref includes the names of the couple, the places where they are to be found at the time of the writing (or where they live, or where they were born, according to some), the date and place where the Get is written and the words, "Harei At Muteres l'Chol Adam."

6)[line 12]מקום העדיםMAKOM HA'EDIM- (there are those who are Gores "Makom he'Arim," i.e. the places that need to be written in the Get (YOSEF DA'AS). TOSFOS (Gitin 80a DH v'Shem Iro) writes that up to seven places could be mentioned in a Get: where the couple are to be found at the time of the writing (or where they currently live), where they were born, and where the Get is written.)

7)[line 18]דמינה מחריב בהD'MINAH MACHARIV BAH- its own type destroys it

8)[line 21]דלDAL- leave out

9)[line 28]תוכו ולא תוך תוכוTOCHO V'LO TOCH TOCHO - inside of it and not inside of something that is inside of it (TUM'AS KLEI CHERES)

(a)Klei Cheres are clay and earthenware utensils. They do not receive Tum'ah when an object of Tum'ah touches their outside. They only become Tamei when Tum'ah enters them (even if the Tum'ah does not touch them). Therefore, when they are covered with a Tzamid Pasil (a tight seal) they cannot become Tamei even if they are in the Ohel of a Mes, as is stated in Bamidbar 19:15. If they do become Tamei, they make any food or drink items that enter them Tamei, even if the items did not touch their inside surface.

(b)If the clay and earthenware utensils become Tamei, they remain so until they are broken beyond use. Immersing them in a Mikvah does not change their status.

(c)Our Gemara discusses the case of a metal utensil, the closed part of which is inserted into a Kli Cheres while the mouth of it lies above the mouth of the Kli Cheres. Any food or drink items that are in the metal utensil remain Tahor because they are "Toch Tocho." The verse (Vayikra 11:33) states that the items that become Temei'im are "b'Tocho," i.e. only inside of it, and not in "Toch Tocho," i.e. inside of something that is inside of the Kli Cheres. (For a further discussion of the principles of Tum'os and Taharos, see Background to Nazir 54:13.)

10)[line 28]כלי שטףKLEI SHETEF

(a)The term "Klei Shetef" refers to all vessels that can be immersed in a Mikvah to make them Tahor. This includes metal and wooden utensils, clothing, leather goods and sacks. They are called Klei Shetef based on the words of the verses, "and if it is cooked in a copper utensil, it must be emptied and immersed ("v'Shutaf") in a Mikvah" (Vayikra 6:21) and "If it is a wooden utensil, it must be immersed ("Yishatef") in a Mikvah" (Vayikra 15:12).

(b)For a further discussion of the principles of Tum'os and Taharos, see Background to Nazir 54:13.

11)[line 28]אפי' כלי שטף מצילAFILU KLI SHETEF MATZIL- see above, entry #9:c.

12)[line 29]מחיצה אצל תנורMECHITZAH ETZEL TANUR- like a partition in an oven (which does not prevent the spread of Tum'ah)

13)[line 32]שחצצוSHE'CHATZETZO- that he divided

14a)[line 32]נסריםNESARIM- planks

b)[line 32]יריעותYERI'OS- curtains

15)[line 33]שרץSHERETZ (TUM'AS SHERETZ)

(a)A Sheretz (a crawling pest - see Background to Shabbos 107:5), even if it or a part of it is only the size of an Adashah (lentil bean), is an Av ha'Tum'ah (Vayikra 11:29-38, Chagigah 11a). It makes a person or object Tamei through Maga (contact), whether the Sheretz was touched willingly or unwillingly. The person who becomes Tamei by touching a Sheretz may not eat Terumah or Kodshim or enter the Azarah of the Beis Ha'Mikdash. However, he can immediately immerse in a Mikvah. After nightfall he becomes Tahor and may eat Terumah or Kodshim or enter the Azarah.

(b)In addition to Tum'as Maga, a dead Sheretz that is found in an earthenware oven makes the oven and all food or drink items that are in it Temei'im, whether the Sheretz touches them or not.

16)[line 33]כוורתKAVERES- a usually-round container that resembles a bee hive

17)[line 34]פחותהPECHUSAH- damaged [to the point where it is no longer considered a complete utensil with regard to the laws of Tum'ah and Taharah - see Shabbos 95b]

18)[line 34]פקוקה בקשPEKUKAH B'KASH- plugged up with straw

19)[line 34]משולשלת לאויר התנורMESHULSHELES L'AVIR HA'TANUR- lowered into the airspace of an oven

20)[line 37]אם הציל במת החמורIM HITZIL B'MES HE'CHAMUR - if it saves [objects from becoming Temei'im] with regard to a corpse, which is [a] stringent [case of Tum'ah] (TUM'AS OHEL)

(a)A k'Zayis of the flesh of a Mes (corpse) is an "Avi Avos ha'Tumah" and is Metamei through Maga (contact), Masa (carrying), and Ohel (being in the same room (lit. tent). An Ohel is defined as a covered space that is at least one Tefach in length, width and height. If a person becomes Tamei with Tum'as Mes, he must wait seven days to go to the Mikvah. Furthermore, on the third and seventh days he must have Mei Chatas (water mixed with ashes of the Parah Adumah - see Background to Avodah Zarah 46:19) sprinkled on him.

(b)In an Ohel ha'Mes, the house or room becomes Tamei even if the Mes is passing through it and does not stop moving. A person who enters an Ohel ha'Mes becomes Tamei even if only a bit of his body enters, even when entering backwards. A Mechitzah (partition) in an Ohel ha'Mes only prevents the spread of Tum'ah if it reaches the ceiling. (RASH to Keilim 1:4)

(c)The bones of a Mes are only Metamei through Ohel under one of three conditions: 1. They constitute a quarter of a Kav (Rova ha'Kav); 2. They are the majority of the human body (whether they are the majority of the build (Rov Binyano) of the body or the majority of the number (Rov Minyano) of 248 bones; 3. The bone is a complete skull or a complete spinal column. In order to be Metamei through Maga and Masa, it is enough for the bone to be the size of a Se'orah (a grain of barley).

(d)When an object that can be Metamei b'Ohel is located in an Ohel, the Ohel makes everything in it Tamei and protects anything that is above it from becoming Tamei. That is, an Ohel is Mevi Tum'ah (spreads Tum'ah inside of it) and is Chotzetz from Tum'ah (intervenes between the Tum'ah and the space above the Ohel, preventing Tum'ah from spreading above it). If the object of Tum'ah in our Sugya is located below the tree, the branches above it create an Ohel over the Tum'ah.

(e)However, not all objects that cover Tum'ah are Mevi and Chotzetz. There are objects that are Mevi and not Chotzetz and other objects that are Chotzetz and not Mevi and even others that are neither Mevi nor Chotzetz (Ohalos 8:5). An object that is flying through the air, such as a bird or a Talis that is carried or caught up by the wind, is not an Ohel and is not Mevi or Chotzetz, even if it is one Tefach wide.

21)[last line]כלי חרסKLI CHERES

See above, entry #9.


22)[line 1](חלוקה באוהלין) [חולקין אוהלין](CHALUKAH B'OHALIN) [CHOLKIN OHALIM]- they (Mechitzos) partition rooms (lit. tents [of a Mes]) (see above, entry #19)

23)[line 8]"וְלֹא יְחַלְּלוּ אֶת-קָדְשֵׁי בְּנֵי יִשְׂרָאֵל ...""V'LO YECHALELU ES KODSHEI BNEI YISRAEL …"- "And they shall not profane the holy things of the people of Yisrael" (Vayikra 22:15)

24)[line 12]אוכלין שגיבלן בטיטOCHLIN SHE'GIVLAN B'TIT- food that was kneaded with mortar (such that the mortar entirely covers the food)

25a)[line 13]הואיל ובנגיעה לא מטמאHO'IL UV'NEGI'AH LO MITAMEI- since they cannot receive Tum'ah from touching [a Sheretz] (because they are completely covered)

b)[line 14]באוירו נמי לא מטמוB'AVIRO NAMI LO MITAMU- [we would have thought that] they would also not receive Tum'ah from the airspace [of a Kli Cheres]

26a)[line 16]שינוי קודשSHINUY KODESH- changing the type (lit. sanctity) of Korban, e.g. slaughtering a Korban Olah as a Korban Shelamim

b)[line 16]שינוי בעליםSHINUY BE'ALIM- changing the owner of a Korban e.g. casting the blood of Reuven's Korban for the sake of Shimon

27)[line 17]חטאת ששחטה לשם חטאתCHATAS SHE'SHACHATAH L'SHEM CHATAS- a Korban Chatas [that was to be brought to atone for a specific sin, e.g. for unintentionally eating Chelev] that was slaughtered for the sake of a [different] Korban Chatas [e.g. to atone for eating blood] (RASHI)

28)[line 23]".. וְשָׁחַט אֹתָהּ לְחַטָּאת ...""… V'SHACHAT OSAH L'CHATAS …"- "[And he shall lay his hand upon the head of the sin offering,] and slaughter it as a sin offering [in the place where they slaughter the burnt offering.]" (Vayikra 4:33)

29)[line 25]"... וְכִפֶּר עָלָיו ...""… V'CHIPER ALAV …"- "[And he shall take away all of the Chelev [from the Korban Chatas], as the Chelev of the lamb is taken away from the Korbenos Shelamim; and the Kohen shall burn them upon the altar, on the fires of HaSh-m;] and the Kohen shall make an atonement for him [for his sin that he has committed, and he shall be forgiven.]" (Vayikra 4:35)

30)[line 33]תוך תוכו תוך תוכוTOCH TOCHO TOCH TOCHO- the two words "Tocho" (Vayikra 11:33) could have been written "Toch" each time. As such, four teachings can be derived from these words

31a)[line 34]חד לגופיהCHAD L'GUFEI- one for its simple meaning (that food and drinks become Teme'im in the airspace of Klei Cheres)

b)[line 34]חד לגזירה שוהCHAD LI'GEZEIRAH SHAVAH- one for the Gezeirah Shavah (Chulin 24b) that teaches that a Sheretz can cause the earthenware utensil, the airspace of which it enters, to become Tamei

c)[line 35]חד תוכו של זה ולא תוכו של אחרCHAD TOCHO SHEL ZEH V'LO TOCHO SHEL ACHER- one to teach that the principle of Tum'ah that applies to the airspace of utensils only applies to Klei Cheres and not to any other utensils (e.g. metal utensils do not receive Tum'ah when a Sheretz enters their airspace, unless it actually touches the sides of the utensil)