PAST DEDICATION
BAVA KAMA 21-25 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the ninth Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

[a - 42 lines; b - 47 lines]

1)[line 5] DAYO L'BA MIN HA'DIN LIHEYOS KA'NIDON- it is enough for that which is derived from a Kal va'Chomer to be equal to the source from which it is derived [and ultimately, if not for that which one is obligated Nezek Shalem for Keren in Reshus ha'Rabim, there would be no Kal va'Chomer]

2)[line 9]" ' , ' , ? [ , ]'""VA'YOMER HASH-M EL MOSHE, 'V'AVIHA YAROK YARAK B'FANEHA, HA'LO SIKALEM SHIV'AS YAMIM? [TISAGER SHIV'AS YAMIM...]'"- "And HaSh-m said to Moshe, 'And if her father had shown his displeasure with her, would she not be shamed for seven days? [She should be shut out of the camp for seven days, and afterward be gathered in]'" (Bamidbar 12:14). This verse relates the punishment that HaSh-m decreed for Miriam after she spoke Lashon ha'Ra against her brother Moshe

3)[line 10]" KAL VA'CHOMER L'SHECHINAH ARBA'AH ASAR YOM- logic would dictate that [she should remain outside of the camp] when the Presence of HaSh-m [was displeased with her] for fourteen days (see Insights)

4)[line 12] "KI LEIS LEI DAYO HEICHA D'MAFRICH KAL VA'CHOMER- he does not apply the limitation of "Dayo" only when the Kal va'Chomer would teach nothing new were it applied

5)[line 14] AISI ARBESAR- it teaches (lit. brings) [that she should leave the camp for] fourteen [days]

6)[line 15] APIK SHIV'AH V'UKI SHIV'AH- it removes seven [of the fourteen days] and establishes seven [as the time for which Miriam had to remain outside of the camp]

7)[line 16] CHATZI NEZEK KSIV- [that which a Tam must pay] half-damage is written [in the Torah, which does not differentiate between the public and private domain]

8)[line 19]" ""TISAGER SHIV'AS YAMIM"- see above, entry #2

9)[line 20] D'DARSHINAN DAYO HU- is [written to teach us] that the principle of "Dayo" is applied [to a Kal va'Chomer]

10)[line 21]" [ ...]""VA'TISAGER MIRIAM..."- "And Miriam was shuttered outside [of the camp for seven days...]" (Bamidbar 12:15).

11)[line 21]B'ALMA- as a general rule; i.e., even with regard to other examples of a Kal va'Chomer

12)[line 22] MISHUM KEVODO SHEL MOSHE- [Miriam, sister of Moshe Rabeinu, was dealt with more leniently] due to the honor of Moshe

13)[line 25] ?KERI B'ZAV MINAYIN? - What is the source for applying the rules of Tum'as Zav even to the Keri (semen) that a Zav emits? (BA'AL KERI / ZAV)

(a)One who has emitted Keri (semen) becomes a Rishon l'Tum'ah (the third-highest level of Tum'ah; see below, #27). He may not enter the Machaneh Leviyah (the Temple Mount; see Background to Yevamos 7:27), nor may he eat Ma'aser, Terumah (see Background to Chagigah 18:5), or Kodshim (meat of Korbanos). He becomes Tahor upon immersing in a Mikvah and may immediately enter Machaneh Leviyah and eat Ma'aser. Until nightfall he remains a "Tevul Yom" (see Background to Yevamos 7:26) and he may not consume Terumah or Kodshim until after nightfall. Mid'Rabanan he may not enter the Ezras Nashim (Women's Courtyard; the large square area first encountered when one enters the Beis ha'Mikdash) until nightfall.

(b)A Zav (see Background to 24:6) causes a vessel or article of clothing that lies underneath him to become an Av ha'Tum'ah (a source of spiritual impurity; see below, #27), whether or not he come into contact with it. The status of such an object is that of a Tamei Midras (lit. that which is treaded upon), also known as a Mishkav or Moshav ha'Zav or the "Tachton" of a Zav. An object beneath a Zav becomes a Midras only if it is designed for lying, sitting, or leaning upon. Earthenware objects (Klei Cheres) cannot receive Tum'as Midras.

(c)One who comes into contact with ("Maga") or carries ("Masa") either a Zav or the Midras of a Zav attains the status of Rishon l'Tum'ah, along with the clothing that he is wearing and any other vessel (other than earthenware vessels) that he is touching at the time. Such an individual may immerse in a Mikvah immediately and may not eat Terumah or Kodshim until nightfall.

(d)The Beraisa cited by our Gemara asks for the source that a drop of Keri from a Zav spreads Tum'ah through Masa, even though Keri itself spreads Tum'ah only through Maga.

14a)[line 26] MAH TAHOR B'TAHOR TAMEI B'TAMEI- if that which is Tahor [when it comes] from one who is Tahor (namely, spit) is Tamei [when it comes] from one who is Tamei (i.e., a Zav; see Background to 24:6)

b)[line 27] ?TAMEI B'TAHOR EINO DIN SHE'YEHEI TAMEI B'TAMEI?- is it not a Kal va'Chomer that that which is Tamei [when it comes] from a Tahor (namely, Keri) is Tamei [when it comes] from one who is Tamei (i.e., a Zav)?

15)[line 28]... MAGA... MASA- see above, entry #13:c

16)[line 29]AHANI- it is effective

17)[line 29]L'APUKEI- to exclude

18)[line 31] LO GARA MI'GAVRA TAHOR- [a Zav] is no worse than one who is Tahor [whose Keri spreads Tum'ah through Masa]

19)[line 32]" ""MI'KEREH LAILAH"- "due to a happening of the night." This is the way that the verse (Devarim 23:11) refers to an occurrence of Keri and its accompanying Tum'ah.

20)[line 32] MI SHE'KIRYO GARAM LO- [the verse refers to] one whose occurrence of Keri caused him [to become Tamei]

21)[line 34] " "" ?MIDI "V'LO DAVAR ACHER" KSIV?- is it written "and not [that he is Tamei] as a result of a different [source of Tum'ah]"? [The simple reading of the verse implies that the parameters of the Tum'ah of Keri apply whether or not he who emitted Keri was already Tamei!]

22)[line 35] SHICHVAS ZERA- semen (synonymous with Keri)

23)[line 40]TZICHTZUCHEI- droplets

24)[last line] L'MAILAH ME'HEN- one degree higher than them. This refers to the three Avos ha'Tum'ah (see below, #27) - Sheratzim (see below, entry #39), Shichvas Zera, and one who became Tamei from coming into contact with a dead body - that are mentioned in the previous Mishnah in Kelim. These Avos ha'Tum'ah spread Tum'ah only through Maga.

25b----------------------------------------25b

25)[line 1]ROKO- his saliva

26)[line 1] MEIMEI RAGLAV- his urine

27)[line 2] DAM HA'NIDAH - Menstrual Blood (TUM'AH: DAM HA'NIDAH)

(a)All objects belong to one of three categories:

1.Sources of Tum'ah

2.Objects that can become Tamei

3.Objects that cannot become Tamei

(b)A source of Tum'ah is called an Av ha'Tum'ah. The exception to this is a corpse, which is referred to as the "Avi Avos ha'Tum'ah" due to the fact that it can generate more Tum'ah than any other object. When something or someone comes into contact with an object that is Tamei, it/he attains a status of Tum'ah one degree weaker than that object. Therefore, that which comes into contact with an Av ha'Tum'ah becomes a Rishon l'Tum'ah (or Vlad ha'Tum'ah). That which receives its Tum'ah from a Rishon becomes a Sheni l'Tum'ah, that which receives its Tum'ah from a Sheni becomes a Shelishi l'Tum'ah (in certain cases), etc.

(c)A metal utensil may attain the status of an Avi Avos ha'Tum'ah, an Av ha'Tum'ah, or a Rishon l'Tum'ah (see Insights to Pesachim 14b); a person and utensils made of all materials other than earthenware may attain the status of an Av ha'Tum'ah or a Rishon l'Tum'ah (although Chazal decreed that one's hands attain status of a Sheni l'Tum'ah under certain circumstances; see Background to Gitin 15:26); earthenware utensils may attain the status of a Rishon l'Tum'ah; food and liquids which are Chulin may attain the status of a Rishon l'Tum'ah or a Sheni l'Tum'ah; Terumah may attain the status of even a Shelishi l'Tum'ah; and Hekdesh may attain the status of even a Revi'i l'Tum'ah.

(d)The only liquids with the status of an Av ha'Tum'ah are semen; the Zov, saliva, and urine of a Zav (see Background to 24:6); and the blood, saliva, and urine of a Nidah (a menstruating woman) or Zavah (see Background to 24:2).

(e)Only fresh Nidah blood (derived from Vayikra 15:19) of a Jewess (derived from ibid. 12:2) is Tamei mid'Oraisa. Chazal decreed that fresh blood of a Nochris is Tamei as well (Nidah 34a).

28)[line 4] LISNAYEI GABEI ZOVO- the Mishnah should have taught ["Shichvas Zar'o"] next to "Zovo"

29)[line 5] ASI ME'ROKO- it is derived from the spit of [a Zav (as the Beraisa on 25a explains)]

30)[line 8]MAPATZ- a reed mat

31)[line 8] ?B'MES MINAYIN? (TUM'AH: OHEL HA'MES)

(a)When at least a k'Zayis of a Mes (dead body) or the bones of a Mes are in a covered area which is at least one Tefach in length, width, and height (such as in a room of a house), the Ohel (lit. tent) causes all (Jewish) people, vessels, and food which has been Huchshar l'Kabel Tum'ah (see Background to Eruvin 83:1) below it to become Tamei, while at the same time preventing anything above it from becoming Tamei. That is, an Ohel is Mevi Es ha'Tum'ah (spreads the Tum'ah underneath it) and is Chotzetz bi'Fnei ha'Tum'ah (intervenes between the Tum'ah and the space above the Ohel).

(b)In order for bones of a dead body to be Metamei b'Ohel, they must meet at least one of the following three conditions:

1.They constitute a quarter of a Kav (Rova ha'Kav);

2.They are the majority of the human body (this condition is fulfilled whether they are the majority of the build [Rov Binyano] of a body or whether they are the majority of the number [Rov Minyano] of the 248 bones of a body);

3.The bone is either a complete skull or a complete spinal column. This is in contrast to the minimum requirement for a bone to be Metamei through Maga (touching) or Masa (carrying); for these Tum'os it is enough for the bone to be the size of a Se'orah (a grain of barley).

(c)In an Ohel ha'Mes, people, vessels, or food in the Ohel become Tamei even if the Mes only passes through without stopping. One who enters an Ohel ha'Mes becomes Tamei even if only part of his body enters the Ohel, and even if he enters backwards. A Mechitzah (partition) in an Ohel ha'Mes only prevents the spread of Tum'ah if it reaches the ceiling. (RASH to Kelim 1:4)

(d)The verse (Bamidbar 31:20) mentions vessels or utensils constructed of various materials that were affected by the Tum'ah of Ohel ha'Mes following the battle with Midyan. None of these materials are a Mapatz. The Beraisa cited by our Gemara asks for the source that a Mapatz is affected by the Tum'ah of Ohel ha'Mes.

32)[line 8] PACHIN KETANIM (TUM'AS KLEI CHERES: PACHIM KETANIM)

(a)Klei Cheres (earthenware utensils) become Tum'ah when a source of Tum'ah enters their airspace. The transfer of Tum'ah occurs even if the source does not come into direct contact with the vessel. Similarly, after they are Tamei, a Tahor item that enters their airspace will become Tamei.

(b)Once an earthenware vessel has become Tamei, it will remain so until it is broken. Immersion in a Mikvah is not effective to remove Tum'ah from a Kli Cheres.

(c)Since the Tum'ah in an Ohel ha'Mes (see previous entry) fills the entire Ohel, an open earthenware vessel in such an Ohel will become Tamei. If it is covered with a Tzamid Pasil (a tight seal), however, it will remain unaffected by the Tum'ah (Bamidbar 19:15).

(d)Our Gemara discusses "Pachin Ketanim" - small earthenware vessels. This refers to vessels whose opening is not large enough to admit a finger.

33)[line 9] SHE'TEHORIN B'ZAV- that remain Tahor when they come into contact with a Zav [since no part of the Zav can fit into them (Maga), they are not fit to be sat or lain upon (Midras), and a Kli Cheres that cannot become Tamei through Maga cannot become Tamei through Heset either (Nidah 43a; see above, entry #13)]

34)[line 9]() [] (METAMEI) [TEME'IN] B'MES- become Tamei [when] in [the same Ohel as] a Mes [since the Tum'ah fills the entire Ohel and enters the airspace of the vessel]

35)[line 9] () [] MAPATZ (SHE'METAMEI) [SHE'TAMEI] B'ZAV- a reed mat that becomes Tamei from a Zav [as a Moshav (see above, entry #13:d)]

36a)[line 11] TUM'AS EREV- Tum'ah that lasts until nightfall [after immersion in a Mikvah, which is the length of the Tum'ah imparted to the Moshav of a Zav]

b)[line 11] TUM'AS SHIV'AH- Tum'ah that lasts for seven days [which is the length of Tum'ah imparted be a Mes in an Ohel; see above, entry #31)]

37a)[line 12] " AHANI KAL VA'CHOMER L'TUM'AS EREV- the Kal va'Chomer is effective to [teach that a Mapatz receives] Tum'ah [from an Ohel ha'Mes] until nightfall

b)[line 12] V'AHANI DAYO L'APUKEI TUM'AS SHIV'AH- and "Dayo" is effective to exclude [the possibility that a Mapatz receives] Tum'ah that lasts for seven days

38)[line 13] " KVAR RAMA NIHALEI RAV (NACHMAN) [NECHUMEI] BAR ZECHARYAH L'ABAYE- Rav (Nachman) [Nechumei] bar Zecharyah already posed this contradiction to Abaye

39)[line 14] TANA MI'MAPATZ B'SHERETZ MAISI LAH (SHEMONAH SHERATZIM)

(a)There are eight Sheratzim - scampering animals - described by the Torah as sources of Tum'ah (Vayikra 11:29-38; see above, entry #27). A dead Sheretz or part of a dead Sheretz the size of an Adashah (lentil bean) is an Av ha'Tum'ah (Chagigah 11a). If a person or object makes either willing or unwilling contact with a Sheretz, he/it becomes Tamei; this is known as Tum'as Maga. If one became Tamei as a result of coming into contact with a Sheretz, he may immerse in a Mikvah immediately. He may not, however, eat Terumah or Kodshim until after nightfall.

(b)The eight Sheratzim (Based upon Rabbi Aryeh Kaplan's "The Living Torah" and other sources) are:

1.CHOLED - a weasel [alt., a martin or an ermine (ARUCH), a rat (TARGUM, TOSFOS YOM TOV), a mole or mole-rat (ARUCH), or a field mouse (TARGUM YONASAN)]. The Gemara describes a Choled as a predatory animal which tunnels under the ground, potentially weakening the foundation of a house.

2.ACHBAR - a mouse; some sources appear to include a rat in the definition of Achbar as well

3.TZAV - a toad (RASHI Vayikra 11:29, Nidah 56a; this is also evident from the Mishnah in Taharos 5:1 which implies that it is easily confused with a frog - see Rishonim there). Alternatively, a turtle (ME'AM LOEZ, TIFERES YISRAEL to Taharos ibid.). According to the Septuagint it is a land crocodile (perhaps the monitor, see KO'ACH; this would fit with the Gemara (Chulin 127a) which associates it with the salamander and snake). Others identify it as a ferret.

4.ANAKAH - a hedgehog or porcupine; alternatively, a beaver (RADAK). [The Septuagint identifies the Anakah as a mole, shrew mouse, or field mouse.] RABEINU SA'ADYA GA'ON identifies it as a gecko, a type of lizard with a soft speckled hide which may grow to five inches in length; "Anachah" means to groan, and the gecko makes a groaning sound.

5.KO'ACH - a lizard (RADAK quoting RASHI) [chameleon, according to the Septuagint.] According to some translations the Ko'ach would appear to be the monitor lizard. This is the largest reptile living in the Holy Land, growing to be as long as four feet. Found on the coast, in the Negev, and in the Aravah, it feeds upon rodents and other reptiles (RADAK, RABEINU SA'ADYA GAON).

6.LETA'AH - a lizard; some identify this as the great gecko.

7.CHOMET - a snail or slug (RASHI) [alt., a lizard; alt. a skink, a short-legged lizard of which four varieties are found in Eretz Yisrael]

8.TINSHEMES - a mole (Rashi Chulin 63a) [alt., a large-headed lizard which burrows underground; most probably a species of gecko]

40)[line 17] TEME'IN B'SHERETZ- can become Tamei through coming into contact with a Sheretz [since part of a dead Sheretz the size of an Adashah can fit through their opening]

41a)[line 19] BEGED V'OR B'SHERETZ- [that a vessel or utensil constructed of] cloth or leather [can receive Tum'ah from] a Sheretz (Vayikra 11:32)

b)[line 19] BEGED V'OR B'MES- [that a vessel or utensil constructed of] cloth or leather [can receive Tum'ah from] a[n Ohel ha']Mes (Bamidbar 31:20)

42)[line 20] ...MAH BEGED V'OR HA'AMUR B'SHERETZ... (GEZEIRAH SHAVAH)

(a)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of these is Gezeirah Shavah - a derivation equating two subjects utilizing a common word or phrase- in which two identical words (or two words that share the same root) that appear in two different sections of the Torah reveal that the Halachos applicable to one section apply to the other and vice versa.

(b)One may apply a Gezeirah Shavah only if he has received a tradition from his teachers that such a connection between the two words exists. Once the connection is established, however, then one may derive Halachos that were not specified in the tradition.

(c)A Gezeirah Shavah is unlimited; one may not pick and choose which Halachos he would like to apply. This facet of a Gezeirah Shavah is termed "Ein Gezeirah Shavah l'Mechetzah". This rule is waived in the case of an explicit teaching that precludes the application of a specific Halachah.

(d)There are three possible configurations of a Gezeirah Shavah:

1.MUFNEH MI'SHNEI TZEDADIM - If both words are seemingly unnecessary and are not used in the derivation of any other teaching, then all of the rules described above apply.

2.MUFNEH MI'TZAD ECHAD - If the word in only one of the sections is available, some maintain that Halachos may be derived from such a Gezeirah Shavah only if there is no argument against comparing the two sections. This status is known as "Lemedin u'Meshivin". Others rule that such a Gezeirah Shavah is no more limited than one that is Mufneh mi'Shnei Tzedadim.

3.EINO MUFNEH KOL IKAR - If neither word is free, then those who maintain that a Gezeirah Shavah that is Mufneh mi'Tzad Echad is unlimited grant such a Gezeirah Shavah the status of Lemedin u'Meshivin. Those who applied the status of Lemedin u'Meshivin to a Gezeirah Shavah that is Mufneh mi'Shnei Tzedadim rule that this one may not be used to determine any Halachos whatsoever.

(e)Our Gemara explains that a Gezeirah Shavah connects the Tum'ah of Sheretz to the Tum'ah of Mes. The Gezeirah Shavah is drawn between that which both types of Tum'ah affect both cloth and leather vessels or utensils.

43)[line 22]MUFNEH- (the Gemara asserts) [the words "Beged" and "Or" must be] available [for the Gezeirah Shavah] (see previous entry, "d")

44)[line 23]L'MIFRACH- to break [the Gezeirah Shavah with a logical argument differentiating between the two subjects]

45)[line 23] METAMEI BECH'ADASHAH- it spreads Tum'ah when it is the size of a lentil bean

46)[line 25]BECH'ZAYIS- when [part of a Mes at least the] size of an olive [is in the Ohel]

47)[line 25]; LE'AYEI; AFNUYEI MUFNEH- indeed; [the words "Beged" and "Or"] are available

48)[line 25]ISKASH- is compared through a Hekesh (see Background to 24:8)

49)[line 26]"... [ ]""... O ISH ASHER TETZEI MIMENU [SHICHVAS ZARA]"- "... or a man who has experienced a [seminal] emission" (Vayikra 22:4).

50)[line 31] MUFNEH MI'TZAD ECHAD- see above, entry #42:d:2

51)[line 32] LEMEIDIN V'EIN MESHIVIN- see above, entry #42:d:2

52)[line 32]SHAPIR- [one] is satisfactor[il]y [able to derive such a Gezeirah Shavah]

53)[line 35] TEMEI NEFESH- one who has come into contact with a Mes

54)[line 40] ... DON MINAH V'UKI B'ASRAH... DON MINAH U'MINAH

(a)Often, a Halachah will be applied from one subject in the Torah to another through a Gezeirah Shavah or a Binyan Av. Tana'im disagree as to whether the Halachah should be applied within the parameters of similar Halachos already taught in the target subject (Don Minah v'Uki b'Asrah), or if the Halachah derived through the Gezeirah Shavah or a Binyan Av should be applied within the parameters of its original subject (Don Minah u'Minah).

(b)In our Gemara, a Gezeirah Shavah connects the subjects of Mes and Shichvas Zera. According to the opinion which maintains Don Minah v'Uki b'Asrah, it is possible to derive that vessels or utensils constructed of cloth or leather receive Tum'ah that lasts for seven days from a Mes as a result of this comparison. Although Shichvas Zera only causes such items to be Tamei until nightfall, once they are applied to the subject of Tum'as Mes they will follow the parameters of other items that receive Tum'ah from a Mes. According to the opinion which maintains Don Minah u'Minah, however, additional support is necessary to prove that such is the Halachah.

55)[line 42]" ...""V'CHIBASTEM BIGDEICHEM BA'YOM HA'SHEVI'I..."- "And you shall wash you clothing [in a Mikvah] on the seventh day..." (Bamidbar 31:24). This verse relates the instructions given to Klal Yisrael following their war with Midyan. That which "the seventh day" is mentioned, even though the Torah has already taught elsewhere that that which has received Tum'ah from a Mes is Tamei for seven days, stresses that anything receiving Tum'ah from a Mes is Tamei for seven days.

56)[last line]"... , [ ]""... U'VI'ER BI'SDEI ACHER..."- "... or it shall graze in the field of another, [he shall make restitution with the best of his field or the best of his vineyard]" (Shemos 22:4). This verse implies that one is responsible to pay for that which his animal ate only when it grazed in the domain of the owner of the fodder.

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