KIDUSHIN 39 (18 Cheshvan) - Dedicated in memory of Rabbi Yosef Aharon and Sarah Chanah Plichtentrein and their son Yitzchak of Wachock, Poland, and in memory of the members of their community who were deported and sent to their deaths on 18 Cheshvan 5703. Dedicated by a grandson of Rabbi Plichtentrein.

1)

(a)What did Levi mean when he said to Aryoch 'Safek Li va'Ana Eichol'? Who was 'Aryoch'?

(b)What did Rav Ivya and Rabah bar Rav Chanan used to do?

(c)Rebbi Yochanan was most unhappy about a statement made by Charifi de'Pumbedisa (Eifah and Avimi, sons of Rachbah of Pumbedisa). What did they say about Orlah in Chutz la'Aretz.

(d)What did Rebbi Yochanan say to Rav Yehudah about ...

1. ... Safek Orlah?

2. ... Vadai Orlah?

3. ... anyone who declares that there is no Orlah in Chutz la'Aretz?

1)

(a)When Levi said to Aryoch (alias Shmuel), 'Safek Li va'Ana Eichol', he meant - that Shmuel should go and pick the Orlah fruit not in his presence, so that, as far as he was concerned, it would be a Safek Orlah, which he would subsequently be permitted to eat.

(b)Rav Ivya and Rabah bar Rav Chanan used to go one stage further and pick for each other, each one not in the other's presence.

(c)Rebbi Yochanan was most unhappy about a statement made by Charifi de'Pumbedisa (Eifah and Avimi, sons of Rachbah of Pumbedisa), who said - that Orlah does not apply at all in Chutz la'Aretz.

(d)Rebbi Yochanan said to Rav Yehudah that ...

1. ... Safek Orlah - should be concealed.

2. ... Vadai Orlah - must be destroyed.

3. ... anyone who declares that there is no Orlah in Chutz la'Aretz - will not have heirs who will inherit his portion in Eretz Yisrael.

2)

(a)What did Rebbi Yochanan tell Rav Yehudah about ...

1. ... Vadai Orlah in Chutz la'Aretz?

2. ... Safek Orlah in Chutz la'Aretz?

(b)The Chirifi of Pumbedisa based their opinion on a quotation by Rebbi Eliezer. What does Rebbi Eliezer say about Orlah in Chutz la'Aretz?

(c)What is the problem with this from Rebbi Eliezer in our Mishnah, who said 'Af he'Chadash'?

(d)How do we therefore amend Rebbi Eliezer's statement (see also Tosfos DH 'T'ni')?

2)

(a)Rebbi Yochanan told Rav Yehudah that ...

1. ... Vadai Orlah in Chutz la'Aretz - must be destroyed.

2. ... Safek Orlah in Chutz la'Aretz - should not be discussed (even though strictly speaking, it is permitted, the Poskim should issue this ruling only discreetly).

(b)The Chirifi of Pumbedisa based their opinion on a quotation by Rebbi Eliezer, who said - 'Ein Orlah be'Chutz la'Aretz'.

(c)The problem with this from Rebbi Eliezer in our Mishnah, who said 'Af he'Chadash' - is that this implies that Rebbi Eliezer certainly agrees with the Tana Kama, who forbids Orlah and Kilayim, and only comes to add Chadash (see also Tosfos DH 'T'ni').

(d)We amend Rebbi Eliezer's statement to read - just 'Chadash'.

3)

(a)Rebbi Asi Amar Rebbi Yochanan disagrees with the Chirifi of Pumbedisa. What does he say about Orlah in Chutz la'Aretz?

(b)What problem does Rebbi Zeira have with this from the Mishnah in Orlah 'Safek Orlah ... be'Surya Mutar'?

(c)How does Rebbi Asi reconcile Rebbi Yochanan with the Mishnah in Orlah?

3)

(a)Rebbi Asi Amar Rebbi Yochanan disagrees with the Chirifi of Pumbedisa. He forbids Orlah in Chutz la'Aretz 'Halachah l'Moshe mi'Sinai'.

(b)Rebbi Zeira's problem with this from the Mishnah in Orlah 'Safek Orlah ... be'Surya Mutar' is - that if Orlah was really 'Halachah ... ', then how could the Tana be so lenient with Safek Orlah (since when do we go le'Kula by Safek Halachah.)

(c)Rebbi Asi reconciles Rebbi Yochanan with the Mishnah in Orlah - by establishing the wording of the actual Halachah as 'S'feika Mutar, Vada'ah Asur'.

4)

(a)Rebbi Asi Amar Rebbi Yochanan also stated 'Lokin Al ha'Kilayim Divrei Torah'. Rebbi Elazar asked him from the Mishnah in Orlah, which presents Kilayim as 'mi'Divrei Sofrim'. What did Rebbi Asi reply?

(b)He connects this with a statement of Shmuel, who learns a Hekesh from the Pasuk in Kedoshim "Es Chukosai Tishmoru; Behemtecha Lo Sarbi'a Kilayim, Sadcha Lo Sizra Kilayim". In which two regards does Shmuel learn Sadeh from Beheimah?

(c)And what does he learn from "Es Chukosai Tishmoru"?

(d)What does the word "Sadcha" (implying specifically Eretz Yisrael) then come to preclude?

4)

(a)Rebbi Asi Amar Rebbi Yochanan also stated 'Lokin Al ha'Kilayim Divrei Torah'. Rebbi Elazar asked him from the Mishnah in Orlah, which presents Kilayim as 'mi'Divrei Sofrim' - to which he replied that Rebbi Yochanan was speaking about the Kilayim of grafting, whereas the Mishnah in Orlah refers exclusively to Kil'ei ha'Kerem.

(b)And Rebbi Asi connects this with a statement of Shmuel, who learns a Hekesh from the Pasuk in Kedoshim "Es Chukosai Tishmoru; Behemtecha Lo Sarbi'a Kilayim, Sadcha Lo Sizra Kilayim". He learns from the Hekesh - that just as one is forbidden to inter-breed one animal with another, so too, is one forbidden to graft one tree in another, and that just as the Isur of grafting an animal applies even in Chutz la'Aretz, so too, does that of grafting one tree in another.

(c)And he learns from "Es Chukosai Tishmoru" - that the Torah is talking about laws that were commanded a long time ago ('Chukim she'Chakakti Lecha K'var'), to teach us that the Bnei Noach were already commanded these Halachos.

(d)The word "Sadcha" (implying specifically Eretz Yisrael) then comes to preclude - Kil'ei Zera'im in a vineyard (see Tosfos DH 'ha'Hu').

5)

(a)Rav Chanan (or Rav Nachman) and Rav Anan were traveling together when they saw a man sowing Kil'ei Zera'im. Why did Rav Chanan (Rav Nachman) decline ...

1. ... to put him in Cherem, at Rav Anan's suggestion?

2. ... to place in Cherem someone who was sowing wheat and barley in a vineyard?

(b)Based on Rebbi Yoshiyah, what did Rav Yosef used to do?

(c)On what grounds did Abaye query him?

(d)Rav Yosef established the Mishnah in Orlah by Kil'ei ha'Kerem, whereas he had planted Kil'ei Zera'im. What is the basis for this distinction?

5)

(a)Rav Chanan (or Rav Nachman) and Rav Anan were traveling together when they saw a man sowing Kil'ei Zera'im. Rav Chanan (Rav Nachman) declined ...

1. ... to put him in Cherem, at Rav Anan's suggestion - because the local people, he maintained, were not expert in these Halachos (transgressing out of ignorance rather than out of wickedness).

2. ... to place in Cherem someone who was sowing wheat and barley in a vineyard - because of Rebbi Yoshiyah, who confined the Lav of Kilayim (in Chutz la'Aretz, see Tosfos DH 'Lo Kayma-Lan") to sowing wheat, barley and grape-seeds in one throw.

(b)Based on Rebbi Yoshiyah, Rav Yosef used to - used to mix seeds and sow them.

(c)Abaye queried him however - from the Mishnah in Orlah 'ha'Kilayim mi'Divrei Sofrim', in which case Rav Yosef had contravened an Isur de'Rabanan.

(d)Rav Yosef established the Mishnah in Orlah by Kil'ei ha'Kerem, whereas he had planted Kil'ei Zera'im. The basis for this distinction is - the fact that whereas the former is Asur be'Hana'ah in Eretz Yisrael, the latter is not.

6)

(a)Why did Rav used to plant rows of vegetables?

(b)What was Rav Yosef trying to prove when he subsequently cited this?

(c)On what grounds did Abaye refute Rav Yosef's proof? Why can it not have been because of Kilayim that Rav planted the vegetables in this way?

(d)He may therefore have planted them like that for aesthetic reasons. Why else may he have done so?

6)

(a)Rav used to plant rows of vegetables - for the benefit of his Talmidim.

(b)Rav Yosef subsequently cited this to try and prove - that Kil'ei Zera'im does apply in Chutz la'Aretz, too.

(c)Abaye refuted Rav Yosef's proof however, maintaining that had Rav planted the vegetables in this way because of Kilayim - he would have planted them all in one row, leaving a space between one species and another, as prescribed by the Mishnah in Kilayim.

(d)He may therefore have planted them like that for aesthetic reasons - or it may have been to make it easier for the Shamash to cut them later.

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7)

(a)What three things does a person who performs a Mitzvah merit (according to the initial interpretation of our Mishnah)?

(b)And what happens to someone who does not perform a Mitzvah.

7)

(a)According to the initial interpretation of our Mishnah, a person who performs a Mitzvah - receives good, lives a long time and inherits the World to Come.

(b)Whereas someone who does not perform a Mitzvah - loses all three.

8)

(a)What does the Mishnah in Pe'ah say about Kibud Av va'Eim, Gemilus Chasadim, Hachnasas Orchim and Hava'as Shalom Bein Adam la'Chaveiro? What do they all have in common?

(b)The Tana also includes Torah-study in this list. In which way is the Mitzvah of Torah-study different than all the others?

(c)What problem does the Mishnah in Pe'ah pose on our Mishnah?

(d)According to Rav Yehudah, our Mishnah is speaking when a person performed one Mitzvah more than his sins. If, according to Rav Shemayah, the Mishnah in Pe'ah is not speaking when one of the Mitzvos listed is the only Mitzvah that the person ever performed, then how does it speak?

8)

(a)The Mishnah in Pe'ah says that for the Mitzvah of Kibud Av va'Eim, Gemilus Chasadim, Hachnasas Orchim and Hava'as Shalom Bein Adam la'Chaveiro - one receives the fruits in this world, though the principle is put away for the World to Come.

(b)The Tana also includes Torah-study in this list, which is different than all the others - inasmuch as it is equal to them all.

(c)The Mishnah in Pe'ah poses a problem on our Mishnah - inasmuch as it confines reward in this world to the few Mitzvos that it enumerates, whereas our Mishnah extends it to all Mitzvos.

(d)According to Rav Yehudah, our Mishnah is speaking when a person performed one Mitzvah more than his sins; whereas the Mishnah in Pe'ah, according to Rav Shemayah, is speaking (not when one of the Mitzvos listed is the only Mitzvah that he ever performed but) - when his Mitzvos and his sins are exactly equal.

9)

(a)What does the Tana of the Beraisa mean when he says about someone who has more Mitzvos than Aveiros 'Meri'in Lo, ve'Domeh K'mi she'Saraf Kol ha'Torah Kulah ... ' and vice-versa?

(b)What does Abaye mean, when, in order to reconcile this with our Mishnah, he explains our Mishnah 'de'Mesaknin lo Yom Tov ve'Yom Bish'?

(c)Rava understands our Mishnah as we did originally. But he establishes the Beraisa ('Kol ha'Oseh Mitzvah Achas ... Meri'in lo') like Rebbi Yakov. What does Rebbi Yakov say about the reward for Mitzvos?

(d)On what does Rebbi Yakov base his theory?

(e)How does Rebbi Yakov then interpret the Pesukim (in Va'eschanan, in connection with Kibud Av va'Eim) "Lema'an Ya'arichun Yamecha" and (in Ki Setzei, in connection with Shilu'ach ha'Kein) "ve'Ha'archata Yamim"?

9)

(a)When the Tana of the Beraisa says about someone who has more Mitzvos than Aveiros 'Meri'in Lo, ve'Domeh K'mi she'Saraf Kol ha'Torah Kulah ... ' and vice-versa, he means - that a Tzadik will be punished for his Aveiros in this world, in order to receive the reward for his Mitzvos in the World to Come, whereas a Rasha will be rewarded for his Mitzvos in this world, in order to deprive him of his portion in the World to Come.

(b)When, in order to reconcile this with our Mishnah, Abaye explains our Mishnah 'de'Mesaknin lo Yom Tov ve'Yom Bish', he means - that 'the good' in our Mishnah refers to the punishment he will receive here for his Aveiros, which is good for him in the long term; and that 'the bad' refers to the reward for his Mitzvos, which in the long term, will be detrimental.

(c)Rava understands our Mishnah as we did originally. But he establishes the Beraisa ('Kol ha'Oseh Mitzvah Achas ... Meri'in lo') like Rebbi Yakov, who says - 'S'char Mitzvah be'Hai Alma Leika' ('There is no reward for Mitzvos in this world!').

(d)Rebbi Yakov bases his theory - on the fact that a person can go up to the attic to fetch some baby birds for his father, entailing two Mitzvos for which the Torah prescribes long life, and on the way down, he slips and breaks his neck. Where is his reward in this world?

(e)Rebbi Yakov interprets the Pesukim (in Va'eschanan, in connection with Kibud Av va'Eim) "Lema'an Ya'arichun Yamecha" and (in Ki Setzei, in connection with Shilu'ach ha'Kein) "ve'Ha'archata Yamim" - with regard to the World to Come (the world which is truly long).

10)

(a)Rebbi Yakov knows that this can happen, because he actually witnessed such an incident. How did he know that the son did not fall off the ladder on account of ...

1. ... sinful thoughts?

2. ... idolatrous thoughts (for which one is punishable)?

(b)Why did the Mitzvah not shield the son from harm at least whilst he was performing it?

(c)Neither can we establish the case where he fell as he was descending the ladder, by which time he had already concluded the Mitzvah, because of Rebbi Elazar. What did Rebbi Elazar say?

(d)From whom do we learn the principle 'Sheluchei Mitzvah Einan Nizokin'?

10)

(a)Rebbi Yakov knows that this can happen, because he actually witnessed such an incident. He knew that the son did not fall off the ladder on account of ...

1. ... sinful thoughts - because Hash-m does not punish for sinful thoughts that are not brought to fruition.

2. ... idolatrous thoughts (for which one is punishable) - because, if there is reward for Mitzvos in this world, then the Mitzvah that the son was performing ought to have shielded over him, and protected him from having such thoughts (see Agados Maharsha).

(b)The Mitzvah did not shield the son from harm even whilst he was performing it - because the ladder that he was climbing was rickety, and in such cases (where a person enters a place of danger in order to perform a Mitzvah), Hash-m will not perform a miracle to save him.

(c)Neither can we establish the case where he fell as he was descending the ladder, by which time he had already concluded the Mitzvah, because of Rebbi Elazar, who taught us the principle 'Sheluchei Mitzvah Einan Nizokin, Lo ba'Halichasan ve'Lo ba'Chazirasan', assuring a Shali'ach Mitzvah of Divine protection even after the Mitzvah has been concluded, as long as he is still on the journey.

(d)We learn the principle 'Sheluchei Mitzvah Einan Nizokin' - from Shmuel ha'Navi, who queried Hash-m's orders to go and crown David ha'Melech, due to the fear that Shaul would find out about it and kill him.

11)

(a)Some say that Acher (Elisha ben Avuyah) left the path of Torah because of a similar incident to the one that Rebbi Yakov witnessed. What do others say?

(b)What did Rav Yosef comment about Acher?

(c)What was the relationship between Acher and Rebbi Yakov?

11)

(a)Some say that Acher (Elisha ben Avuyah) left the path of Torah because of a similar incident to the one that Rebbi Yakov witnessed (and due to the Kashya that Rebbi Yakov comes to answer). Others say - that he saw the tongue of Chutzpis ha'Meturgeman (one of the ten martyrs) being dragged around by a pig. And if that could happen to a tongue that spoke such pearls of wisdom, he figured, then there is no Divine Justice,.

(b)Rav Yosef commented - that, had Acher expounded the Pasuk ("Lema'an Yitav Lach ve'Ha'arachta Yamim") like Rebbi Yakov, he would never have gone off the Derech.

(c)Rebbi Yakov was - Acher's grandson.

12)

(a)When Rav Tuvi bar Rav Kisna queried our Mishnah, which requires a positive act ('Kol ha'Oseh Mitzvah ... ') with the Mishnah in Makos, which prescribes reward for every sin that a person does not perform, how did Rava establish the latter?

(b)What did Rebbi Chanina bar Papi do when ...

1. ... an aristocratic Roman woman accosted him?

2. ... she followed suite by curing him?

(c)How did he manage to survive the night there?

(d)What did the Rabanan comment when Rebbi Chanina bar Papi told them this?

12)

(a)queried our Mishnah, which requires a positive act ('Kol ha'Oseh Mitzvah ... ') with the Mishnah in Makos, which prescribes reward for every sin that a person does not perform, Rava reconciled the two - by establishing the Mishnah in Makos there where one is actually confronted by a Yetzer ha'Ra to perform an Aveirah, and overcomes it (which is considered an act).

(b)When ...

1. ... an aristocratic Roman woman accosted Rebbi Chanina bar Papi - he recited an incantation and became covered in boils.

2. ... she followed suite by curing him - he ran to hide in a bathhouse which was known to be dangerous, due to the demons that resided there, who would harm even two people who entered their domain, and even in daytime.

(c)He managed to survive the night there - because two of the king's men miraculously arrived to guard him (and the demons would not threaten three people).

(d)When Rebbi Chanina bar Papi told them this, the Rabanan commented that he must have once overcome the temptation to perform an immoral act, for which the above miracle was a reward.

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