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1. yevamos dafs 81-91 questions 2. Ma'aser to a Kohen

Eric Dill asked:

I am not sure if you are holding in yevamos now, but whoever can answer these questions for me will get a $54 check either to themselves or to the charity of their choice. I am in the process of filling out a comprehensive self exam chazarah on these blatt in yevamos, and these question are the only ones (out of 100) that I am having dificulty getting the answers to. Thanks again for your help.

(a) What are the 2 de'os in Tosfos behind the hetter of Eliyahu Bhar Karmel?

(b) Also, Which 2 issurim are noheg with the kal vachomer of bemuttar lah neassrah vechulei?

(c) Also, is the din of kohen tameh sheachal terumah temeiah missah bidei shamayim? And what is the din of kohen tahor sheachal terumah temeiah?

(d) What is the nekudah of the diyun ikkur shirah bepeh, and what is the second tzad of this diyun?

(e) How do the rach and the ri understand the mussagim of kedusha rishonah and kedusha shniah?

(f) Lastly, regarding the mussag of trei rubbei where is it found in the gemara? Does trei rubbei have a kesher to dinnim d'oraysa or only dinnim dirabbanan?

Eric Dill, Ithaca, New York

The Kollel replies:

a) This issue is discussed in Tosfos Daf 90b. Tosfos explains that Eliyahu relied on the Tzorech Sha'ah, and it is not necessary for Ne'vu'ah in such a case. His Ne'vu'ah was necessary to guarantee that Hash-m would answer their prayers, thus others were permitted to slaughter the animal despite that it was outside the Beis Hamikdash.

b) On Daf 11b the Gemara discusses the status of one who remarried his divorcee and died. The conclusion is that she is not permitted to do Yibum, because of the Kal Va'chomer you mentioned. If she becomes forbidden to marry her original husband after she marries someone else, then she surely becomes forbidden to do Yibum with someone she was forbidden to after she originally got divorced. Tosfos on 84b explains why this does not apply in the case of a person who became a P'tzu'ah Daca, and then died.

c) The Gemara on Daf 73b states that a Kohen Tahor who eats Tamei Terumah violates an Asseh ("B'sh'are'cha Tochlenu"). A Tamei Kohen who eats Tahor trumah is punished with M'isah Beidei Sha'ma'yim. The Gemara in Sanhedrin (83a) rules that a Tamei kohen who eats Terumah T'mei'ah is not punished with M'isah Beidei Sha'ma'yim.

d) Tosfos on 86b questions the Gemara's statement that when Ezra returned from Bavel he discovered that no L'vi'im had joined him, with a possuk in Ezra that states clearly that L'vi'im also joined. Tosfos quotes Rashi who explains that those who had joined were L'vi'im who had cut off their thumbs when they were originally exiled and thus were unable to perform with musical instruments. Tosfos points out that this seems to fits with opinion I'kar Shirah B'kli (the main obligation of Shirah in the beis Hamikdash is with musical instruments) but not with the opinion that I'kar Shirah B'peh, which means that the main obligation of the L'vi'im is to sing vocally. [L'vi'im with no thumbs can still sing.] Tosfos explains that nonetheless there still is an obligation to play musical instruments, and thus Ezra was upset that he found no L'vi'im who were capable of playing musical instruments.

e) (Tosfos 83b) According to the Rach, the first Yerushah was in the time of the Avos, while the second Yerushah was in the time of Yehoshua. This would mean that from the days of Yehoshua the Kedushah remained. The Ri maintains that the first Yerushah was in the days of Yehoshua and the second Yerushah was in the days of Ezra.

f) I'm not sure that this is the answer you are searching for but here it is. The Gemara Daf 119b mentions that R' Meir is who is Choshseh for the Mi'ut does not do so in the case of Mi'uta D'mi'uta.

Yehuda Landy