More Discussions for this daf
1. Marry, don't divorce! 2. Second Wife 3. Kohen Gadol gives a get to the second wife on t'nai
4. Marrying a Ketanah on Yom Kipur 5. A Marriage on Yom Kipur 6. Tenai Kaful
7. The last Tenai of the Gemara 8. A retroactive Get after the woman's death 9. Wife Died in "mid-Avodah"
10. Conditions by which the High Priest takes a Second Wife. 11. Marital status of Kohen Gadol 12. כהן גדול מקריב אונן ואינו אוכל

Zev Kowitz asks:

The sugya that goes through the various types of conditions of gittin subsequent to eirusin to a second wife on erev Yom Kippur based on our first Mishnah in the mesechta presupposes because of the possuk the Kohen Gadol must be married throughout Yom Kippur itself to davka one wife. Since death, the Gemara tells us, is not shkiach, why not say miksas hayom k'kulo in the unlikely event of his wife's death? That way, as long as she was alive at the beginning of the Yom Tov, he is able, pushing aside aninus, to effect kappora for her when he is makriv the par in the morning and you don't even have to say it was accomplished l'mafraya. Why doesn't the Gemara even entertain this idea as a solution? That way, agav, you could avoid any emotional fallout this second wife would have to undergo in likely becoming a grusha through this almost bizarre mesiras nefesh the circumstances demand.

Zev Kowitz , Spring Valley

The Kollel replies:

Why do we not say that every Jew only has to fast one hour on Yom Kippur because miksas hayom k'kulo?

Good Shabbos

Dovid Bloom

Joshua Danziger asks:

Rav bloom, I was thinking about your response and am trying to figure out the parameters of when we apply "miktzas". I think most are familiar from the end of shiva (r"l) allowing haircuts during the Omer, and 10th day of av. Since all of these are rabbinic, i thought that maybe that's what allows miktzas whereas since Yom Kippur is a specific verse and a deoraisa it's different.

But then I thought of the stam vow of the nazir, which is a deoraisa mitzvah, and yet we permit half the last day. Is that because there's an assumption that 29 and a bit is what the stam nazir really means? Is miktzas only for the end of a multi day series?

And a further comment...since the kohen has to be married, and there were multiple avodahs throughout the day it would seem that would stop "miktzas" too. that's different than treating the fast as satisfied after 1 hour Ie he has to be married at the time of the evening avodah, and whether he was at the time of the morning avodah has no bearing on it since it's not just one long avodah (though this seems to differ from the concept of "basis" for muktzah on shabbat where the object gets locked into its status when shabbat starts even if the muktzah item is subsequently moved).

The Kollel replies:

Josh, it is wonderful to get your feedback!

I found, bs'd, in the sefer "Meah Kesitah"; "A Hundred Pieces"; by Rabeinu Menachem Azarya of Pano in Italy (1548-1620), that he gives some fascinating guidelines when we do and do not say Miktzas Hayom k'kulo.

In the Book of Mishlei (20:22) it states "do not say I will complete badness". So when it comes to mourning we do not want to have complete sad days so we say one hour of the 7th day is sufficient.

Shabbos and Yomtov is different. Here, on the contrary the Torah tells us to add on a little at the beginning and end of the day, so certainly we do not wish to shorten the day.

According to this we can understand why we have to fast the entire day of Yom Kippur, because the fast is actually a happy time for us when we receive our atonement.

And the Cohen Gadol must be fully qualified throughout the entire day since we want a full day with a complete Cohen Gadol.

Yasher Koach

Dovid Bloom

Zev Kowitz asks:

Thank you, Rabbi Bloom. What are the inyan's gedarim and applications? For example, as you know, it is applied by, l'a, shiva. Are you suggesting by d'oraisas not, as your teshuva suggests and by it not being considered by the Gemara altogether the clear implication? And if not, where would be the best address for me to explore this topic further? Thank you

The Kollel replies:

The issue is not d'Oraisa or d'Rabanan. Rav Hershel Schachter said that the Din of Miktzas ha'Yom k'Kulo applies to what the Torah calls a 'Melos', which means a count of days superimposed on calendaric days.

The source for Miktzas ha'Yom k'Kulo is from Zavah who must count seven clean days and then go to Mikveh. The Gemara learns out that she may go to Mikveh on the seventh day already (Nidah 67b).

This principle is irrelevant when it comes to Shabbos or Yom Tov which are calenderic days.

Avraham Phillips

Josh Danziger asks:

Rav bloom and rav Phillips, but don't we apply the concept of miktzas to the 10th of av (holding mourning practices until midday). How does that square with the calenderic vs non calenderic approach?

The Kollel replies:

If it was in fact Miktzas ha'Yom k'Kulo, the beginning of the day would suffice and we wouldn't have to wait until Chatzos.

Treating 10 Av like the Nine Days is a Chumrah based on the Gemara in Taanis 29a that the Beis Ha'Mikdash was set ablaze towards the end of Tishah b'Av and continued burning throughout the 10th.

While the Rosh was Machmir just the night after Tishah B'av, the Mechaber is of the opinion that we should be Machmir the whole day and the Rama holds a half day is enough.

Avraham Phillips