HORAYOS 11 (26 Nisan) - dedicated by Mr. Avi Berger of Queens, N.Y./Passaic, N.J. in memory of his mother, Leah bas Michel Mordechai, in honor of her Yahrzeit.

[11a - 58 lines; 11b - 52 lines]

1)[line 1] TZE'UREI TZE'ARINHU- you may cause them (Moav) pain

2)[line 14] TEINACH MASHI'ACH- this works very well for [the question of why a second verse is needed to exclude] the anointed Kohen

3)[line 16]CHELEV- See Background to Horayos 2:8a.

4)[line 28] D'ACHLEI PALGA- that he ate half of it

5)[line 32]V'HEMIR- and he became (a) a Jewish apostate, a person who does not keep the laws of the Torah; (b) a Jewish infidel or idolater

6)[line 33] HO'IL V'NIDCHEH YIDACHEH- once it (the Chatas) has been disqualified (lit. pushed off) [when the owner was an apostate], it remains disqualified [even after the owner returns to his faith]; similarly, the Chatas of a commoner becomes disqualified when he becomes a Nasi, and it remains disqualified (see Background to Pesachim 73:22)

7)[line 38] ASHAM TALUY- See Background to Horayos 4:2.

8)[line 40] , MID'ISHTANI L'VADAI, ISHTANI L'SAFEK- [do we say that] since his law changed regarding a definite sin, it also changes regarding a doubtful sin (that is, just as his change in status from a commoner to a Nasi effects an exemption from the obligation to bring a Korban Chatas for a definite transgression, does his change in status also effect an exemption from his obligation to bring an Asham Taluy for an uncertain transgression?)

9)[line 43]TEIKU - the Pri Megadim (in his Igeres preceding his introduction to Orach Chaim, letter Tes) quotes and discusses various explanations for the word Teiku:

(a)it is sealed in its container ("Tik") (ARUCH, Erech TK),

(b)Tehei Kai ("let it [the question] stand") (MUSAF HA'ARUCH)

(c)Tishbi Yetaretz Kushyos ve'Ibayos (Eliyahu ha'Navi will answer difficulties and questions) (TOSFOS YOM TOV, end of Eduyos)

10)[line 44] HA'SHAV B'YEDI'ASO- one who would abstain and separate himself from a transgression in the first place, had he known that it was prohibited


(a)There are two types of Mumarim (apostates). The first type is one who transgresses l'Sei'avon, one who rejects the Mitzvah or Mitzvos due to his desires, such as a sinner who eats non-Kosher food (or transgresses any other sin) for monetary benefit, e.g. the non-Kosher food is less expensive. The second type of Mumar is one who sins l'Hach'is, who rejects the Mitzvos out of arrogance in order to anger HaSh-m.

(b)One who eats Neveilah (meat from an animal that was killed without a proper Halachic slaughtering) l'Sei'avon, because of his desires, would prefer to eat meat that is Kosher. However, if Kosher meat is not available, or if the slaughtering knife that he has is not fit for slaughtering, he will eat non-Kosher meat or slaughter the animal anyway (and render it a Neveilah) (RASHI).

12)[line 48]B'SHUMAN- with permitted fat; see Background to Horayos 2:8

13)[line 50] SHEKATZIM U'REMASIM - small creatures (such as rodents, reptiles, and insects) (SHERATZIM: ISUR ACHILASAN)

(a)Sheratzim or Shekatzim are general terms that can include many different types of creatures that the Torah prohibits to eat. The verses mention Sheratzim of the water (Vayikra 11:10-12), flying Sheratzim (ibid. 11:13, 20, 23, Devarim 14:19), and Sheratzim of the land (ibid. 11:41-44).

(b)If a person eats a k'Zayis of Sheratzim, he is liable to Malkus (SEFER HA'CHINUCH Mitzvos #162-165). In addition, eight Sheratzim are singled out by the verses (ibid. 11:29-30, see Chagigah 11a and Background to Shabbos 107:5), in which a smaller amount (an Adashah, the size of a lentil bean) of the dead Sheretz is prohibited. Furthermore, an Adashah of these Sheratzim is an Av ha'Tum'ah. It makes a person or object Tamei through Maga (contact), whether the Sheretz was touched willingly or unwillingly (see Background to Shevuos 14:17a).

14)[line 50] YAYIN NESECH

(a)Wine that was poured as an idolatrous libation is Asur b'Hana'ah. This is derived from the verse, " , " "Asher Chelev Zevacheimo Yochelu, Yishtu Yein Nesicham" - "Those who ate the fat of their sacrifices, and drank the wine of their drink offerings" (Devarim 32:38), which compares the wine of libations to an animal sacrificed for idolatrous purposes.

(b)The Chachamim prohibited the wine of a Nochri that was not poured as a libation (Stam Yeinam) out of fear that drinking wine together would lead to intermarriage. In order to avoid confusion between Yayin Nesech and Stam Yeinam, the Chachamim instituted that Stam Yeinam is also Asur b'Hana'ah. Although this is only an Isur mid'Rabanan, it is a very severe prohibition (see Chochmas Adam 75:1).

15)[line 52]MUMAR- See above, entry #11

16)[line 52]TZEDUKI (TZEDUKIM)

(a)The Tzedukim were students of Tzadok, and the Beitusim were students of Beitus. Both of these individuals, and their students, rejected the Oral Torah (Avos d'Rebbi Nasan 5:2).

(b)Previous editions of the Gemara had the word .

17)[line 56]PAR'OSH- a flea

18)[line 56]YETUSH- a mosquito


19)[line 4] HAREI TZARASECHA B'BAVEL- behold your counterpart (the Reish Galusa) is in Bavel; i.e., he is above you

20)[line 6] LO KAIFEI A'HADADEI- [there, in the case of the kings of Yisrael and the kings of Beis David,] they are not submissive to each other

21)[line 9]SHEVET- scepter

22)[line 10]MECHOKEK- legislator (these terms are from Bereishis 48:10; see Background to Sanhedrin 5:12-13)

23)[line 14] SHEMEN HA'MISHCHAH- with the oil made by Moshe Rabeinu to anoint the Mishkan and its vessels, Kohanim Gedolim, and the kings of the Davidic dynasty. (For further details, see Background to Yoma 52:27b.)


(a)A Kohen who becomes the Kohen Gadol must wear the eight vestments of the Kohen Gadol and do the Avodah for seven consecutive days to indicate his consecration, as stated in Shemos 29:30, "Shiv'as Yamim..." (RAMBAM Hilchos Klei ha'Mikdash 4:13)

(b)The eight vestments are 1. Tzitz (forehead-plate), 2. Efod (apron), 3. Choshen (breastplate), 4. Me'il (robe), 5. Kutones (long shirt), 6. Michnasayim (breeches), 7. Avnet (belt), 8. Mitznefes (turban).

(c)The vestments of the ordinary Kohanim are 1. Kutones (long shirt), 2. Michnasayim (breeches), 3. Avnet (belt), 4. Migba'as (hat).

(d)The Kohen Gadol is also known as the Kohen Mashi'ach since he was anointed with the Shemen ha'Mishchah, the oil made by Moshe Rabeinu for anointing the Mishkan and its vessels, the Kohanim Gedolim and the kings of the Davidic dynasty.

(e)Before the destruction of the first Beis Ha'Mikdash, King Yoshiyahu ordered the Aron to be hidden to prevent its capture (Divrei ha'Yamim II 35:3). The jar of Manna (Shemos 16:32-34), Aharon's staff (Bamidbar 16:16-26) and the Shemen ha'Mishchah (Shemos 30:22-33) were also hidden together with the Aron (Yoma 52b). As a result, there was no Shemen ha'Mishchah with which to anoint the Kohanim Gedolim during the final years of the first Beis ha'Mikdash and all of the years of the second Beis Ha'Mikdash. The Kohanim Gedolim at the time of the second Beis ha'Mikdash are called Merubeh Begadim because they were consecrated solely by wearing the Bigdei Kehunah for seven days.


(a)The Par Kohen Mashi'ach is the young bull brought as a Korban Chatas by an anointed Kohen Gadol who transgresses one of the Mitzvos Lo Sa'aseh punishable by Kares, after ruling that the Torah did not prohibit such an act. See Background to Horayos 6:11.

(b)The Avodah of the Par He'elem Davar Shel Tzibur (see Background to Horayos 2:1) must also be carried out specifically by a Kohen Gadol anointed with Shemen ha'Mishchah (RASHI, according to RASHASH 12a).

26)[line 18] PAR YOM HA'KIPURIM

(a)In Parshas Acharei Mos (Vayikra 16:3-6), Aharon is commanded to offer on Yom ha'Kipurim a bull as a Chatas and a ram as an Olah from his own money. From the money of the Tzibur, he is commanded to offer two goats as Korbenos Chatas (one goat was sacrificed and one was sent to Azazel) and one ram as an Olah. The offering of these Korbanos form the major part of the Yom ha'Kipurim service that the Kohen Gadol must perform every year.

(b)The Kohen Gadol sprinkles the blood of the bull in the Kodesh ha'Kodashim (Vayikra 16:14), on the Paroches (ibid. 16:16) and on the Mizbe'ach ha'Ketores (ibid. 16:18). Its flesh is entirely burned in the place outside of Yerushalayim where the ashes from the Mizbe'ach are deposited. The remainder of its blood is poured on the western Yesod of the Mizbe'ach ha'Chitzon, but omitting this last procedure does not prevent atonement, because during the rest of the year pouring the blood on the Yesod is not a requirement for atonement.


(a)The Kohen Gadol offers a Minchah every day, which consists of 1/10 of an Eifah of wheat flour made into twelve Matzah wafers or rolls. They were fried in olive oil in a flat pan after being boiled and baked. Half of the rolls were offered in the morning and half towards evening. They were completely burned on the Mizbe'ach (Vayikra 6:12-15).

(b)The Chavitin had to be brought from the money of the Kohen Gadol, but he did not actually have to offer them on the Mizbe'ach.

28)[line 22] HAYU SHOLKIM BO ES HA'IKARIM- they would boil in it the roots (that imparted fragrance to the oil)

29)[line 23] EINO SOFEK- it does not suffice

30)[line 24] , U'METZIF ALAV SHEMEN, V'KOLET- he (Moshe Rabeinu) would pour the oil on it, and it absorbed the fragrance of the spices


(a)The first seven days during which the Avodah was performed in the Mishkan were called the "Shiv'as Yemei ha'Milu'im." The word "Milu'im" means "filling," and refers to the fact that during these days the position of Divine servants was finally "filled" by the Kohanim (RASHI to Vayikra 8:22). These seven days began on the 23rd of Adar and lasted until Rosh Chodesh Nisan, which was the eighth day.

(b)During the Shiv'as Yemei ha'Milu'im, the Kohanim along with all of the components and utensils of the Mishkan were anointed with Shemen ha'Mishchah (see above, entry #23). Moshe Rabeinu officiated as the Kohen Gadol, demonstrating the Avodah to Aharon and his sons. On each day, Moshe assembled and dissembled the Mishkan, until the eighth day, on which he left it standing. On that day, Aharon was officially appointed as the Kohen Gadol and the Shechinah descended to dwell permanently in the Mishkan (RASHI ibid. 9:23).

(c)On the seven days of the Milu'im, Moshe offered a bull offered as a Korban Chatas ha'Nisraf, a ram offered as an Olah, another ram offered as a Korban Shelamim, and three types of Matzah: Chalos Matzos, Chalos Lechem Shemen, and Rekikim (Vayikra 8:14-36, Menachos 78a). On the eighth day, Aharon and his sons began to perform the Avodah, and they offered the Korbanos described at the beginning of Parshas Shemini (Vayikra 9).

32)[line 37] V'LAV KOL D'BA'I MALKA MORIS MALCHUSA LIVNEI- is it not so that to whichever son the king wishes to bequeath the monarchy, [he may]?

33)[line 41]"[ ; ',] ""[VA'YISHLACH VA'YEVI'EHU V'HU ADMONI IM YEFEH EINAYIM V'TOV RO'I; VA'YOMER HASH-M,] 'KUM MESHACHEHU KI ZEH HU'" - "[And he (Yishai) sent and brought him; he was ruddy, with beautiful eyes and of good looks. And HaSh-m said,] 'Arise, anoint him, for he is the one'" (Shmuel I 16:12) (THE ANOINTING OF DAVID)

(a)Following HaSh-m's rejection of King Shaul, He sent Shmuel to Yishai's house to anoint one of his sons as King of Israel. When Yishai brought his oldest son Eli'av before him, Shmuel, impressed by his regal appearance, declared that he must be HaSh-m's anointed one. HaSh-m, however, informed Shmuel that He had rejected him - due to his trait of anger, which may have lain dormant at this point in time but which would materialize later when David came to visit his brothers in their barracks.

(b)So, one by one, HaSh-m rejected all of Yishai's sons, until the only one that remained was his youngest son, the shepherd David. For reasons not specified in the verse, David was an outcast, and so it did not even enter Yishai's mind to present David as a possible candidate for the throne. It was Shmuel who insisted that he had the youth brought before him. After praising his appearance, the verse concludes with HaSh-m's instructions, "Arise and anoint him...." Shmuel promptly took out the horn with oil and anointed David.

(c)From that moment on, the spirit of HaSh-m enveloped David, even as it departed from Shaul ha'Melech, leaving him with a Ru'ach Ra'ah (an evil spirit) in its place.

34)[line 43] AFARSEMA DACHYA- pure balsam oil

35)[line 44] U'MI KASHISH- and was he older?

36)[line 44]" , , ""U'VNEI YOSHIYAHU, HA'BECHOR YOCHANAN HA'SHEINI YEHOYAKIM, HA'SHELISHI TZIDKIYAHU, HA'REVI'I SHALUM" - "The sons of Yoshiyahu: the firstborn was Yochanan, the second Yehoyakim, the third Tzidkiyahu, and the fourth Shalum" (Divrei ha'Yamim I 3:15) (YOSHIYAHU'S THREE SONS)

(a)According to the Gemara, Yoshiyahu had three sons, Elyakim, Yochanan (alias Yeho'achaz), and Shalum (alias Matanyah), not four. After their father's death, the first to rule was Yeho'achaz, who (unlike most other kings of Yehudah) was anointed, to prevent his older brother Elyakim from claiming the throne). Par'oh Nechoh ("the lame"), however, deposed him and exiled him to Egypt. In his place he crowned Elyakim, whose name he changed to Yehoyakim.

(b)Nevuchadnetzar (who had taken over from Par'oh Necho as the most powerful king in the region) captured Yehoyakim, who died on the way down to Bavel and was not buried. He was followed by his eighteen-year-old son, Yechonyah, whose reign (like that of his uncle Yeho'achaz before him) lasted only three months. His reign came to an abrupt end when Nevuchadnetzar's ministers complained that "a puppy was liable to turn out as wild as its father." So Nevuchadnetar deposed him and took him to Bavel, together with a thousand of the elite members of the Torah world and with some of the precious vessels of the Beis ha'Mikdash. There he incarcerated him (in fulfillment of Yeshayah's prophecy to Chizkiyahu), to replace him with his uncle Matanyah, whom he named Tzidkiyahu. (See below, entry #39.)

37)[line 46]"[ , ;] , ""[VA'YITEN LAHEM AVIHEM MATANOS RABOS L'CHESEF UL'ZAHAV UL'MIGDANOS, IM AREI METZUROS BI'YEHUDAH]; V'ES HA'MAMLACHAH NASAN LI'YEHORAM, KI HU HA'BECHOR" - "[And he (Yehoshafat) gave them (his other six sons) many gifts: silver, gold, and valuables, as well as fortified cities in Yehudah;] but the kingdom he handed to Yehoram, since he was the oldest" (Divrei ha'Yamim II 21:3) (THE WICKED YEHORAM, KING OF YEHUDAH)

(a)As soon as Yehoram took the throne, he established himself by killing all of his brothers by the sword, as well as some of the officials.

(b)Despite the fact that his father Yehoshafat had been a righteous king, his son Yehoram went in the way of the kings of Yisrael, because he had married the daughter of the wicked king, Achav.

(c)The Malbim suggests that Yehoram killed his brothers and other leaders of Yehudah when they objected to his evil ways.

(d)At the end of the previous chapter, we learned how, as a result of Yehoshafat joining forces with the wicked Achazyahu (son and successor of Achav), his fleet of ships, which was set to travel to Tarshish, broke up and did not reach their destination. Now we see that the friendship between Yehoshafat and Achazyahu was not a casual one, but that it was based on family ties, since the former's son was married to the latter's sister. This unwarranted alliance caused Yehoshafat a large financial loss on the one hand, and resulted in a national disaster on the other, as will be described in detail later in the chapter.

38)[line 46] MEMALEI MAKOM AVOSAV HAVAH- he filled the place of his father. Yehoram, the son of the righteous Yehoshafat, was righteous like his father (at least at the time that he became king; see Insights to Kerisus 5b). That is why he was given the kingship. Yehoyakim, however, was evil, unlike his righteous father, Yoshiyahu. That is why he was not initially made king after his father's passing, even though he was the firstborn son (see TOSFOS to Kerisus 5b, DH Memalei).

39)[line 51]" ; ""VA'YAMLECH MELECH BAVEL ES MATANYAH DODO TACHTAV; VA'YASEV ES SHEMO TZIDKIYAHU" - "And the king of Bavel (Nevuchadnetzar) crowned Matanyah, his (Yehoyachin's) uncle, in his place, and he changed his name to Tzidkiyahu" (Melachim II 24:17) (NEVUCHADNETZAR PLACES MATANYAH ON THE THRONE OF YEHUDAH)

(a)After deposing Yehoyachin/Yechonyah from the Throne of Yehudah (see above, entry #36) and incarcerating him in Bavel, Nevuchadnetzar crowned his uncle Matanyah in his place. The change of name to Tzidkiyahu was meant to serve as a warning that HaSh-m would justify whatever happened to him ("Matzdik Alav Es ha'Din") if he dared to rebel against him).

(b)As soon as the king of Bavel left Yerushalayim, that is precisely what Tzidkiyahu did - rebelled. Tzidkiyahu was destined to be the last king of Yehudah before the destruction of the first Beis ha'Mikdash.

40)[last line]" , -; [ ' - ]""V'GAM BA'MELECH NEVUCHADNETZAR MARAD, ASHER HISHBI'O B'EL-KIM, [VA'YEKESH ES ORPO VA'YE'AMETZ ES LEVAVO MI'SHUV EL HASH-M EL-KEI YISRAEL]" - "He (Tzidkiyahu) also rebelled against King Nevuchadnetzar, who had made him swear (his allegance) by HaSh-m; [but he stiffened his neck and hardened his heart, refusing to return to HaSh-m, the G-d of Yisrael]" (Divrei ha'Yamim II 36:13) (TZIDKIYAHU ABROGATES HIS OATH)

(a)This rebellion refers to Tzidkiyahu's abrogation of the oath that he made to Nevuchadnetzar. The latter had barely left Yerushalayim when the former already sent emissaries to Egypt to provide him with horses and mercenaries to help him overthrow the yoke of the king of Bavel (see also previous entry).

(b)HaSh-m was angry with Tzidkiyahu for breaking his oath. Tzidkiyahu refused to submit to Yirmeyahu ha'Navi's instructions to surrender to the king of Bavel, assuring him that this would be to his advantage, as the latter would treat him well if he did. Par'oh, in spite of his promise to Tzidkiyahu's emissaries, did not raise a finger to assist him.

(c)Eventually, Tzidkiyahu was made to pay for his sins, and he fell into the hands of Nevuchadnetzar who tortured him and killed his wife and children before his eyes, before blinding him and leading him in chains to Bavel, where he died in exile.