Perek ha'Kol Chayavin

1)

(a)Our Mishnah includes everyone in the Mitzvah of Re'iyah, but with many exceptions. What is the Mitzvah of Re'iyah?

(b)On what grounds does the Tana preclude ...

1. ... 'Chashu' (a Cheresh, Shoteh or Katan) from the Mitzvah?

2. ... women?

3. ... a Tumtum and an Androginus?

(c)What exactly is ...

1. ... a Tumtum?

2. ... an Androginus?

(d)What sort of Avadim does the Mishnah include in the list of exceptions?

1)

(a)Our Mishnah includes everyone in the Mitzvah of Re'iyah, but with many exceptions. The Mitzvah of Re'iyah constitutes - appearing in the Azarah (with an Olas Re'iyah) once on each of the three major Yamim-Tovim.

(b)The Tana precludes ...

1. ... 'Chashu' (a Cheresh, Shoteh or Katan) from the Mitzvah - on the grounds that they do not have Da'as.

2. ... women - because the Pasuk writes "Yera'eh Kol Zechurcha" (confining the Mitzvah to males).

3. ... a Tumtum and an Androginus - because they too, do not fall under the category of "Zechurcha" (seeing as they may well be women).

(c)The definition of ...

1. ... 'Tumtum' - is a person whose sexual organs are covered by a layer of skin, and it cannot be ascertained as to whether he is man or a woman.

2. ... 'Androginus' - is one who has the sexual organs of both a male and a female.

(d)The Mishnah includes - Avadim who have not been set free in the list of exceptions.

2)

(a)Sick and old people (who cannot walk) are Patur, and so are those who cannot go up on foot. From where to where must one be able to walk in order to be Chayav Re'iyah?

(b)Which two remaining groups of people does the Tana exempt from the Mitzvah of Re'iyah?

2)

(a)Sick and old people (who cannot walk) are Patur, and so are those who cannot go up on foot - from Yerushalayim to the Har ha'Bayis.

(b)The two remaining groups of people that the Tana exempt from the Mitzvah of Re'iyah are - people who are lame or blind.

3)

(a)Beis Shamai defines a Katan as one who is too small to ride on his father's shoulders from Yerushalayim to the Har ha'Bayis. What do Beis Hillel say?

(b)What is their source for this?

(c)On what basis is a child obligated to perform the Mitzvah of Re'iyah?

(d)On whose shoulders did the Chachamim place the obligation to educate him?

3)

(a)Beis Shamai defines a Katan as one who is too small to ride on his father's shoulders from Yerushalayim to the Har ha'Bayis. According to Beis Hillel - it is one who is too small to walk (who is slightly older than the Katan of Beis Shamai).

(b)They learn this - from the Torah's Lashon "Shalosh Regalim" (implying that the Mitzvah of Re'iyah requires walking, and not riding).

(c)A child is obligated to perform the Mitzvah of Re'iyah - on the basis of Chinuch ...

(d)... which the Chachamim placed - on the shoulders of his father and his mother (though most Rishonim disagree with Rashi, confining the obligation to his father).

4)

(a)According to Beis Shamai, the Olas Re'iyah must be worth at least two silver Ma'ah (each one a sixth of a Dinar), and the Shalmei Chagigah, one Ma'ah. What do Beis Hillel say?

(b)From where do we learn that someone who comes to the Beis Hamikdash on Yom Tov, is obligated to bring ...

1. ... an Olas Re'iyah?

2. ... a Shalmei Chagigah?

4)

(a)According to Beis Shamai, the Olas Re'iyah must be worth at least two silver Ma'ah (each one a sixth of a Dinar), and the Shalmei Chagigah, one; whereas according to Beis Hillel - it is the other way round: the Olas Re'iyah must be worth at least one silver Ma'ah, and the Chagigah, two.

(b)We learn that someone who comes to the Beis Hamikdash on Yom Tov, is obligated to bring ...

1. ... an Olas Re'iyah - from the Pasuk in Mishpatim "v'Lo Yera'u Panai Reikam".

2. ... a Shalmei Chagigah - from the Pasuk in Emor "v'Chagosem Oso Chag la'Hashem".

5)

(a)We suggest that, when the Mishnah says 'ha'Kol Chayavin b'Re'iyah', it comes to include someone who is half slave and half free. How is this possible?

(b)We reject this suggestion however, because it does not conform with the opinion of Ravina. What does Ravina say?

(c)On what grounds do we also reject the suggestion that 'ha'Kol' comes to include someone who was lame on the first day, but was cured on the second?

5)

(a)We suggest that, when the Mishnah says 'ha'Kol Chayavin b'Re'iyah', it comes to include someone who is half slave and half free. This is possible - if he was jointly owned by two masters, one of whom set him free.

(b)We reject this suggestion however, because it does not conform with the opinion of Ravina - who says that someone who is a half slave and half free is Chayav Re'iyah (as we shall explain later).

(c)We also reject the suggestion that 'ha'Kol' comes to include someone who was lame on the first day, but was cured on the second - because that would not conform with those who say that the obligation on the subsequent days of Yom Tov is only in the form of a Tashlumin for the first day (to make up for not having brought it then). Consequently, whoever was not Chayav then, will not be Chayav on the other days either.

6)

(a)We conclude that 'ha'Kol' comes to include someone who is blind only in one eye, and that the author of our Mishnah cannot be Yochanan ben Dahavai. What does Yochanan ben Dahavai quoting Rebbi Yehudah say?

(b)How does he learn it from the word "Yera'eh" (in the Pasuk in Mishpatim "Yera'eh Kol Zechurcha es Pnei ha'Adon Hash-m")?

(c)The second answer reinstates our initial suggestion (that 'ha'Kol comes to include someone who is a half-slave and half-free). How do we reconcile this with Ravina (who maintains that he is basically Patur from Re'iyah)?

6)

(a)We conclude that 'ha'Kol' comes to include someone who is blind only in one eye, and that the author of our Mishnah cannot be Yochanan ben Dahavai. This is because, quoting Rebbi Yehudah, he says - that someone who is blind in only one eye is Patur from Re'iyah.

(b)And he learns it from the word "Yera'eh" (in the Pasuk in Mishpatim "Yera'eh Kol Zechurcha es Pnei ha'Adon Hash-m"), which, due to the absence of a 'Yud', it is as if the Torah had written "Yir'eh". From the combination, "Yera'eh" "Yir'eh", we Darshen that in the same way as Hash-m wants to be seen by us (with two eyes - k'Vayachol), He wants us to see Him.

(c)The second answer reinstates our initial suggestion (that 'ha'Kol comes to include someone who is a half-slave and half-free) even according to Ravina, who maintains that he is basically Patur from Re'iyah - because that is only according to the Mishnah Rishonah, which follows Torah law, and obligates the half-slave to remain with his master. Our Mishnah, which obligates him to fulfill the Mitzvah of Re'iyah, follows the opinion of the Mishnah Acharonah, which obligates his master to set him free. Consequently, it is considered as if he was already free, and is Chayav therefore, to fulfill the Mitzvah of Re'iyah.

7)

(a)What did Beis Hillel say in the Mishnah Rishonah regarding a man who is a half- slave and half free?

(b)What argument did Beis Shamai present that forced them to retract from their initial opinion?

(c)On what condition does the Eved go free? What formality needs to be seen to?

7)

(a)Beis Hillel held in the Mishnah Rishonah - that a man who is a half- slave and half free serves his master one day, and himself (i.e. he is free) the next.

(b)Beis Shamai forced Beis Hillel to retract however - using the argument that, it is all very well for his master, who has his slave; but how about the poor slave, who is unable to fulfill the Mitzvah of Piryah v'Rivyah (or even that of "Lo Tohu Bera'ah, la'Sheves Yetzarah" - a branch of Piryah v'Rivyah), seeing as he is neither able to marry a Shifchah, nor a regular Jewish woman. The Chachamim therefore established a ruling forcing the owner to set him free ...

(c)... on condition that he hands his master a document obligating himself to pay him half his value.

2b----------------------------------------2b

8)

(a)What do we mean when we extrapolate from the Mishnah 'ka'Tani Cheresh Dumya d'Shoteh v'Katan'? What important principle are we deriving from there?

(b)On what grounds do we assume that a deaf man who is able to speak has any more Da'as than one is not?

8)

(a)When we extrapolate from the Mishnah 'ka'Tani Cheresh Dumya d'Shoteh v'Katan' - we mean that the Cheresh in our Mishnah (and everywhere else in Shas), like the Shoteh and the Katan there, must be a deaf-mute who has no Da'as at all (i.e. he is not lucid [and is not merely deaf]).

(b)We assume that a deaf man who is able to speak has more Da'as than one who is not - because, seeing as he learned to speak, he must have been lucid at the time.

9)

(a)Our Mishnah (as well a Mishnah in Terumos) hints at what is explicitly stated in a Beraisa. What does the Beraisa say about someone who can ...

1. ... speak but not hear?

2. ... hear but not speak?

(b)How does the Tana equate them? What do the two have in common?

(c)What does the statement 'Tanina l'Ha d'Tanu Rabanan' come to teach us?

(d)What is 'Ilem' the Notrikun (acronym) of?

9)

(a)Our Mishnah (as well a Mishnah in Terumos) hints at what is explicitly stated in a Beraisa which states that someone who can ...

1. ... speak but not hear - is a Cheresh (though not the Cheresh that Chazal generally refer to).

2. ... hear but not speak - is an Ilem (dumb).

(b)And the Tana equates them in that - that they are both considered normal in all respects.

(c)The statement 'Tanina l'Ha d'Tanu Rabanan' comes to teach us - that the Beraisa is reliable.

(d)'Ilem' is the Notrikun (acronym) of - 'Ishtakel Milulei' (his speech has been withdrawn).

10)

(a)We just extrapolated from our Mishnah that both a Cheresh and an Ilem are included in the Mitzvah of Re'iyah. We query this however, from another Beraisa. What does the other Beraisa say?

(b)Rava (or Ravina) therefore emends our Mishnah. Which element does he add?

(c)What does the Tana say about a Cheresh and an Ilem regarding the Mitzvah of ...

1. ... Re'iyah?

2. ... Simchah?

10)

(a)We just extrapolated from our Mishnah that both a Cheresh and an Ilem are included in the Mitzvah of Re'iyah. We query this however, from another Beraisa - which exempts them both from the Mitzvah of Re'iyah.

(b)Rava (or Ravina) therefore emends our Mishnah - by adding the element of Shalmei Simchah to the Mishnah.

(c)The Tana no rules that a Cheresh and an Ilem are both ...

1. ... Patur from Re'iyah, but ...

2. ... Chayav that of Simchah.

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