12TH CYCLE DEDICATION

BECHOROS 47 (5 Teves) - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends.

1)

PART IN AND PART OUT (Yerushalmi Ma'aser Sheni Perek 3 Halachah 4 Daf 17b)

[ ( )] .

(a)

(Mishnah): If a tree is standing inside the walls of Yerushalayim and leans outside; or it stands outside and leans inside; that which is inside the walls is considered inside and that which is outside is considered outside.

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(b)

Olive presses whose entrances are inside and whose airspace is outside or vice-versa; Beis Shammai say that they are entirely considered inside. Beis Hillel say that that which is inside is considered inside and that which is outside is considered outside.

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(c)

Chambers of the Beis HaMikdash that are built within the Kodesh (sanctified areas of the Courtyard) but who entrances open into the Chol (non-sanctified areas), their interior is considered Chol and their roofs are Kodesh.

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(d)

If they are built in the Chol but open into the Kodesh, their interior is Kodesh and their roofs are Chol.

(e)

If they are built in Kodesh and Chol and they open into Kodesh and Chol; that which is in the Kodesh is considered Kodesh and that which is in the Chol is considered Chol.

(f)

(Gemara) (R. Elazar): (The Mishnah's rulings were intended) as stringencies (only but not as leniencies).

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(g)

Question (R. Yosa): What's the meaning of 'as stringencies'?

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(h)

Answer (R. Yona): As a Baraisa taught - Olive presses whose entrances are inside (Yerushalayim) and whose airspaces are outside - that which is inside is considered inside and that which is outside is considered outside...

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1.

One may not eat Kodshim Kalim (those sacrifices that must be eaten any within Yerushalayim) there, as it is considered outside and one may not redeem there Ma'aser Sheni as it is considered inside.

() [ ( )]

2.

If their entrances are outside and their airspaces are inside - that which is outside is considered outside and that which is inside is considered inside...

()[] ()[] ()[].

3.

One may not eat Kodshim Kalim there, as it is considered outside and one may not redeem there Ma'aser Sheni as it's considered inside.

() [ ] . .

(i)

(R. Yaakov bar Acha): The Mishnah means as follows - if they are built in Chol and open into Kodesh, (meaning that one aspect of them is Kodesh) their roofs are Chol; if they are built both in Kodesh and Chol (and they also open into both Kodesh and Chol) - that which is aligned with Kodesh is Kodesh and that which is aligned with Chol is Chol. But those that are built in Kodesh and they open into Kodesh and Chol (so that the Kodesh aspect is the dominant one) - their interior is Kodesh. And those built in Chol and they open into Kodesh and Chol, their interior is Chol.

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(j)

'Their interior is Kodesh' means that they eat there Kodshei Kodshim, slaughter there Kodshim Kalim and one who is Tamei who enters there is liable.

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(k)

(Rav Yehuda citing Rav): One (who is Tamei) only incurs lashes for (entering into the area of) 187 by 135 Amos.

[ ( )] ()[ ] .

(l)

Support (Baraisa): A chamber that is built in line with the wall of the Azarah (Temple courtyard) - one may eat there Kodshei Kodshim but one may not slaughter there Kodshim Kalim and a Tamei who entered there is exempt.

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(m)

Question (Baraisa): Those built in Chol and that open into Kodesh, their interior is Kodesh and their roof is Chol. One may eat there Kodshei Kodshim, slaughter there Kodshim Kalim and one is liable there for Tumah...? (This contradicts the previous Baraisa.)

' ( )[ ] ()[]

(n)

Answer: (As the Tosefta that states - R. Yosi said - this (i.e. the first Baraisa) is the teaching of R. Akiva (that one is exempt for Tumah in the chambers); but the Chachamim say that they are like the chambers, which (including the law of Tumah) follow the location of their openings.