MEGILAH 23 (7 Av) - Dedicated in memory of Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens, N.Y., Niftar 7 Av 5757, by his wife and daughters. G-d-fearing and knowledgeable, Simcha was well known in the community for his Chesed and Tzedakah. He will long be remembered.

1)

(a)Why can the author of our Mishnah (which permits adding to the five, six and seven Aliyos of Yom Tov, Yom Kippur and Shabbos respectively) not be Rebbi ...

1. ... Yishmael?

2. ... Rebbi Akiva, even though he agrees with the Tana of our Mishnah that one may. Why can the author not then be Rebbi Akiva, who agrees with him that one may? In which point does he then disagree with him?

(b)Rava therefore establishes the author of our Mishnah as Tana d'Bei Rebbi Yishmael. How can Rebbi Yishmael argue with himself?

1)

(a)The author of our Mishnah (which permits adding to the five, six and seven Aliyos of Yom Tov, Yom Kippur and Shabbos respectively) cannot be Rebbi ...

1. ... Yishmael, because - he prohibits adding.

2. ... Akiva, even though he agrees with the Tana of our Mishnah that one may - because in his opinion, one calls up seven people on Yom Kippur and six on Shabbos.

(b)Rava therefore establishes the author of our Mishnah as Tana d'Bei Rebbi Yishmael - and two Tana'im argue over what Rebbi Yishmael actually said.

2)

(a)The Tana in the Beraisa states that on Yom Tov, one begins Davenning later than usual, and concludes earlier. Why is that?

(b)He also states that on both Yom Kippur and Shabbos one goes to Shul early. Why is that?

(c)On the other hand, he says, one concludes late on Yom Kippur, whereas on Shabbos, one concludes early. On what grounds do we refute the suggestion that the author of the Beraisa is Rebbi Akiva, in whose opinion one calls up six people on Shabbos, and seven on Yom Kippur?

2)

(a)The Tana in the Beraisa states that on Yom Tov, Davenning begins later than usual - because one needs to prepare the meal (before going to Shul), and finishes earlier - because of Simchas Yom Tov.

(b)He also states that on both Yom-Kippur and Shabbos Shul begins early - because the meal has already been prepared the day before, and it is a Mitzvah to go to Shul early to Daven ka'Vasikin (to begin the Amidah as the sun begins to rise).

(c)On the other hand, he says, one concludes late on Yom Kippur, whereas on Shabbos, one concludes early (not necessarily because the author is Rebbi Akiva [in whose opinion one calls up six people on Shabbos, and seven on Yom Kippur], as we initially suggest but) - on account of the long Davenning, in which case the author might well be Rebbi Yishmael.

3)

(a)Rebbi Yitzchak bar Nachmeni and Rebbi Shimon ben Pazi (or Rebbi Shmuel bar Nachmeni) argue. According to one of them, the three, five and seven Aliyos of weekday, Yom Tov and Shabbos respectively represent the three, five and seven words of the three Pesukim of Birchas Kohanim (see Tosfos above 21b. DH 'Keneged'). What does the other one say?

(b)Rav Yosef cites a Beraisa that holds the latter view. Why did he never teach that Beraisa to Abaye?

(c)What did Rav Yehudah reply, when Yakov Mina'ah asked him what the six Aliyos on Yom Kippur represent?

(d)In fact, the list of those who stood on Ezra's left contains seven names (Pedayah, Mishael, Malkiyah, Chashum, Chashbadanah, Zecharyah and Meshulam). So why did Rav Yehudah count them as six?

3)

(a)Rebbi Yitzchak bar Nachmeni and Rebbi Shimon ben Pazi (or Rebbi Shmuel bar Nachmeni) argue. According to one of them, the three, five and seven Aliyos of weekday, Yom Tov and Shabbos respectively represent the three, five and seven words of the three Pesukim of Birchas Kohanim (see Tosfos above 21b. DH 'Keneged'). The other one says - that they represent the three guards of the inner-gate, the five important ministers of the King of Persia, and the five plus two (less important) ministers (see also Tosfos DH 'Shiv'ah').

(b)Rav Yosef cites a Beraisa that holds the latter view. He never taught that Beraisa to Abaye - because Abaye never asked him for the information (bear in mind that this is not a Halachah, which Rav Yosef would have taught Abaye without being asked).

(c)When Yakov Mina'ah asked Rav Yehudah what the six Aliyos on Yom Kippur represent - he replied that they represent the six men who stood on Ezra's right and the six who stood on his left (when he ascended the wooden platform to speak to the people).

(d)Even though the list of those who stood on Ezra's left contains seven names (Pedayah, Mishael, Malkiyah, Chashum, Chashbadanah, Zecharyah and Meshulam), Rav Yehudah nevertheless counts them as six - because Zecharyah and Meshulam are one and the same (his real name was Zecharyah, and he was called Meshulam because his deeds were perfect).

4)

(a)Whom did the Tana mean to include when he said that 'everybody can be included in the seven Aliyos on Shabbos'?

(b)Then why do we in fact not call up women?

4)

(a)When the Tana said that 'everybody can be included in the seven Aliyos on Shabbos', he meant to include a Katan (whom, with the exception of Maftir, one tends not to call up nowadays , is not to call up a Katan and a woman.

(b)In fact, though, we do not call up women - because, as the Beraisa itself concludes, it is not Kavod Tzibur for a woman to Lein.

5)

(a)Rav Huna and Rav Yirmeyahu bar Aba argue over whether Maftir is counted among the seven Aliyos or not. The one who says that he cannot, bases his ruling on Ula. What does Ula say?

(b)What is the minimum number of Pesukim that one may read from the Navi (for the Haftarah)?

(c)Why is there no proof from there that the Maftir is counted among the seven (because otherwise, he should read a minimum of twenty-four Pesukim)?

5)

(a)Rav Huna and Rav Yirmeyahu bar Aba argue over whether the Maftir is counted among the seven Aliyos or not. The one who says that he cannot, bases his ruling on Ula - who says that the person who is called up to read the Haftarah only reads Maftir first, because of Kavod ha'Torah (so as not to equate Navi to Torah [and not as an intrinsic obligation]).

(b)The minimum number of Pesukim that one may read from the Navi (for the Haftarah) - is twenty-one (three corresponding to each of the seven Aliyos).

(c)There is no proof from there that the Maftir is counted among the seven (because otherwise, he should read a minimum of twenty-four Pesukim) - because if the only reason that one reads the Maftir is because of Kavod ha'Torah, then it is not necessary to read corresponding Pesukim in the Navi).

23b----------------------------------------23b

6)

(a)How do we reconcile the Minhag to read the Haftarah of "Oloseichem Tamu" in Yirmeyahu (which does not contain twenty-one Pesukim) with the above Beraisa, which requires a minimum of twenty-one Pesukim?

(b)And how do we reconcile Rav Shmuel bar Aba, who quoted Rebbi Yochanan, who would often stop the Haftarah after ten Pesukim?

6)

(a)We reconcile the Minhag to read the Haftarah of "Oloseichem Tamu" in Yirmeyahu (which does not contain twenty-one Pesukim) with the above Beraisa, which requires a minimum of twenty-one Pesukim - by pointing out that the entire chapter contains less than twenty-one Pesukim, in which case it is permitted to read less (see Tosfos 21b. DH 'Ein Pochsin').

(b)And we reconcile Rav Shmuel bar Aba, who quoted Rebbi Yochanan, who would often stop the Haftarah after ten Pesukim - by establishing it in a place where there is a translator, in which case it is always permitted to read less than twenty-one Pesukim (because of the burden on the community).

7)

(a)Our Mishnah discusses 'Porsin al Shema', 'Tefilah b'Tzibur', 'Nesi'as Kapayim' (Duchening), 'Keri'as ha'Torah' and reading the Haftarah. What do they all have in common?

(b)What does 'Porsin al Shema' mean? Under what circumstances is it performed?

(c)What do we learn from the Pasuk in Emor "v'Nikdashti b'Soch Bnei Yisrael"?

(d)We learn this from a 'Gezeirah-Shavah' ("v'Nikdashti b'Soch Bnei Yisrael" and "Hibadlu mi'Toch ha'Eidah" - referring to the congregation of Korach). Why do we require a second 'Gezeirah-Shavah' - "Hibadlu mi'Toch ha'Eidah" and "ad Masai la'Eidah ha'Ra'ah ha'Zos" (Ki Sisa)? By whom is the second Pasuk written?

7)

(a)Our Mishnah discusses 'Porsin al Shema', 'Tefilah b'Tzibur', 'Nesi'as Kapayim' (Duchening), 'Keri'as ha'Torah' and reading the Haftarah - which it incorporates in 'Davar she'bi'Kedushah', and which therefore require a minimum of ten people.

(b)In the event that ten people arrive late in Shul (after the community have already said the Shema) they perform 'Porsin al Shema' - one of them recites Kadish, Barchu and the first Berachah of Shema.

(c)We learn from the Pasuk "v'Nikdashti b'Soch Bnei Yisrael" - that a Davar she'bi'Kedushah requires at least ten people.

(d)We learn this from a 'Gezeirah-Shavah' ("v'Nikdashti b'Soch Bnei Yisrael" and "Hibadlu mi'Toch ha'Eidah" - referring to the congregation of Korach). We require the second 'Gezeirah-Shavah' - "Hibadlu mi'Toch ha'Eidah" and "ad Masai la'Eidah ha'Ra'ah ha'Zos" (which refers to the ten evil spies) - to teach us that Eidah in the Pasuk in Korach must consist of not less than ten people.

8)

(a)The Mishnah includes in the above list. What is 'Ma'amad u'Moshav'?

(b)Why does it require at least ten people?

(c)And he also includes Birchas Avelim, Tanchumei Avelimand Birchas Chasanim also require ten. What is ...

1. ... 'Birchas Avelim'?

2. ... 'Tanchumei Avelim'?

(d)Why are the Avelim not counted in the Minyan for Birchas Avelim, whereas the Chasanim are counted for Birchas Chasanim?

8)

(a)The Mishnah includes in the above list 'Ma'amad u'Moshav' - the seven times that the cortege stops on the way to the burial site, place the coffin and make a Hesped for the deceased.

(b)It too, requires at least ten people - because with less than that, it does not warrant so much fuss.

(c)And he also includes Birchas Chasanim ...

1. ... 'Birchas Avelim' - the double Berachah that they used to recite on the road returning from the burial, one for the comforters ('Acheinu, Ba'al ha'Gemul Yeshalem Lachem G'mulchem ha'Tov', Baruch ... Meshalem ha'Gemul'), and one for the mourners ('Acheinu, Ba'al Nechamos Yenachem Eschem, Baruch ... Menachem Avelim'), and ...

2. ... 'Tanchumei Avelim' - the Shurah (the two rows that one makes for the mourners to pass in between).

(d)The Avelim are not counted in the Minyan for Birchas Avelim - because one of the Berachos is directed specifically at them; whereas the Chasanim are counted for Birchas Chasanim, because there is no reason why they should not.

9)

(a)Why does Birchas ha'Mazon b'Shem also require a Minyan?

9)

(a)Birchas ha'Mazon b'Shem also require a Minyan - because it is not befitting to mention Hash-m's Name when there are less than ten people.

10)

(a)The Mishnah requires ten expert assessors to assess land, of whom at least one must be a Kohen. What source does Shmuel give for this?

(b)Seeing as the ten times "Kohen" incorporates Erchin, animals and land, why is it that specifically land requires ten assessors?

(c)What is the problem with this entire Derashah? What ought we to say?

(d)How do we resolve the problem?

10)

(a)The Mishnah requires ten expert assessors to assess land, of whom at least one must be a Kohen. Shmuel cites as the source for this - the fact that the Torah writes "Kohen" ten times in the Parashah (three by Erchin, three by animals of Hekdesh and three by land which is Hekdesh); one of these is needed for itself, each of the other nine is considered an exclusion after an exclusion (which comes to include - a Yisrael), leaving us with a total of nine Yisraelim and one Kohen.

(b)Despite the fact that the ten times "Kohen" incorporates Erchin, animals and land, it is nevertheless specifically land that requires ten assessors - because the final (four) times appear by land.

(c)The problem with this entire Derashah is - that seeing as the Torah writes ten times "Kohen", we ought to say that the first "Kohen" comes to exclude a Yisrael, and the second "Kohen" to include one, the third "Kohen" to exclude a Yisrael, the fourth "Kohen" to include one, and so on. Consequently, the Din ought to be that the assessment of land requires not one out of ten Kohanim, but five.

(d)The problem remains unresolved.

11)

(a)A man, like land, requires ten assessors. But since when is a man Hekdesh?

(b)Why does a man require ten assessors? What is the source for that?

11)

(a)A man, like land, requires ten assessors. A man of course, is not Hekdesh. What we are speaking about here is - someone who says 'Dami Alai' (by which he becomes obligated to pay his 'value' to Hekdesh).

(b)A man requires ten assessors - because he is compared to land (in the Pasuk "v'Hisnachaltem Osam li'Veneichem Achareichem la'Reshes Achuzah, Le'olam Bahem Ta'avodu" (which pertains to Nochri slaves) - see Tosfos DH 'Shamin' and Maharsha.

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