1)

IS ONE LIABLE FOR REMAINING TAMEI? (Yerushalmi Perek 3 Halachah 5 Daf 14a)

[ãó éã òîåã à] òåãéðå ùí øáé éåçðï àîø îúøéï òì (äëì) [ö"ì ëì - ÷äéìú éò÷á] ëãé ôøéùä åôøéùä åäåà ìå÷ä

(a)

If he remained there [in the cemetery], R. Yochanan says, we warn him for every amount of time in which he could have separated [from the Tum'ah], and he is lashed [for each warning];

øáé ìòæø àåîø àéðå î÷áì òã ùéôøåù åéçæåø

(b)

R. Lazar says, he does not receive [warning - PNEI MOSHE] until he leaves and returns.

à"ø áà ëê äéä îùéá øáé éåçðï àú ø' ìòæø åäà ëúéá [áîãáø å å æ] ìà éáåà åìà éèîà

(c)

(R. Ba): So R. Yochanan challenged R. Elazar - it says "[Al Nefesh Mes] Lo Yavo; ... Lo Yitama." (The latter is extra! Rather, it teaches that one is lashed for Tum'ah even if he does not come to Tum'ah, rather, for staying in a place of Tum'ah.)

àîø ìå ùàí äúøå áå îùåí åìà éáà ìå÷ä îùåí ìà éèîà àéðå ìå÷ä

(d)

Rebuttal (R. Lazar, to R. Yochanan): No - it teaches that if they [can] warn him for Lo Yavo (i.e. now he is in a Tahor place), he is lashed. [If they could warn him only for] Lo Yitama, he is not lashed.

àîø øáé äéìà îäùúçåéä ìîã øáé éåçðï

(e)

(R. Heila): R. Yochanan learns from bowing;

ãúðéðï úîï äùúçåä àå ùùää ëãé äùúçåéä

1.

(Mishnah): If one [was Tamei in the Mikdash, b'Shogeg, and he] bowed or delayed [there] long enough to bow (he is Chayav Korban).

àîø øáé îúðééä äåéðï ñáøéï îéîø îä ôìéâéï áîëåú äà ÷øáï ìà îï îä ãîø øáé äéìà îäùúçåéä ìîã øáé éåçðï äãà àîøä äéà áîëåú äéà á÷øáï

(f)

(R. Masniyah): We used to think that [R. Yochanan and R. Lazar] argue about lashes, but not Korban (all exempt. However,) since R. Heila said that R. Yochanan learns from bowing, this teaches that [they argue about] lashes and bowing.

îúðé' ôìéâà òì øáé éåçðï ðæéø ùäéä ùåúä ééï ëì äéåí àéðå çééá àìà àçú

(g)

Question (against R. Yochanan - Mishnah): [If a Nazir] was drinking wine the entire day, he is liable only once. (The Seifa says, if they warned him 'do not drink, do not drink', and he [begins to] drink, he is liable for each warning. We assume that he drank normally, with breaks in the middle. R. Yochanan obligates for each warning even if he transgressed continuously!)

1..

Note: Above, it seems that R. Lazar learned from "Al Nefesh Mes Lo Yavo..." R. Yochanan assumes that he learns a Nazir's Isur of wine from his Isur of Tum'ah.

ôúø ìä ùàéï áéú äáìéòä ôðåé

(h)

Answer: [R. Yochanan] explains that [this is even if] his gullet was not empty (he was drinking continuously).

îúðéúà ôìéâà òì øáé éåçðï äéä îèîà ìîú ëì äéåí àéðå çééá àìà àçú

(i)

Question (against R. Yochanan - Mishnah): [If a Nazir] was being Mitamei (exposing himself to Tum'as) Mes the entire day, he is liable only once. (The Seifa says, if they warned him 'do not become Tamei, do not become Tamei', and he [does an action to] become Tamei, he is liable for each warning. R. Yochanan obligates for each warning even if he transgressed continuously!)

ôúø ìä áùåäà òì ëì ôøéùä åôøéùä åäåà ìå÷ä

(j)

Answer: [R. Yochanan] explains that [this is even if] he [merely] delayed. He is lashed for every [amount of time that suffices to] separate [from the Tum'ah. We explained this like KEHILAS YAKOV Nazir 18/19.]

îúðéúà ôìéâà òì ø' éåçðï ëäï ùòåîã ááéú ä÷áøåú åäåùéèå ìå îú àçø éëåì é÷áì

(k)

Question (against R. Yochanan - Beraisa) Suggestion: If a Kohen was standing in a cemetery and they extended another Mes to him (other than his close relative, for whom he was allowed to become Tamei), perhaps he may receive it!

ú"ì [åé÷øà ëà ã] ìà éèîà áòì áòîéå

1.

Rejection: "Lo Yitama Ba'al b'Amav."

äøé ù÷éáì éëåì éäà çééá

2.

Suggestion: If he received it, perhaps he is liable!

ú"ì ìäçìå àú ùäåà îåñéó çéìåì òì çéìåìå éöà æä ùàéðå îåñéó çéìåì òì çéìåìå

3.

Rejection: [The verse concludes] "Lehechalo" - one who becomes more profaned. This excludes this case, in which he does not become more profaned. (Likewise, a Nazir who does not become more profaned should not be liable!)

à"ø æòéøà àîø øáé éåçðï (ìäçìå éöà æä ùàéðå îåñéó çéìåì òì çéìåìå) [ö"ì ìà éèîà áòì áòîéå - ÷øáï äòãä] ùìà éàîø äåàéì åðéèîàúé òì àáà àì÷åè òöîåú ôìåðé áéãé

(l)

Answer (R. Ze'ira citing R. Yochanan): "Lo Yitama Ba'al b'Amav" - he should not say, since I became Tamei for my father, I will gather Ploni's bones with my hand;

ìäçìå áùòú îéúä ø' àåîø (àó - ÷øáï äòãä îåç÷å) áîåúï

1.

"Lehechalo" - at the time of death. Rebbi says, we learn this from "b'Mosan". (Rebbi holds that Lehechalo is extra, to exclude one who does not become more profaned. R. Yochanan holds like the first Tana, who uses it only to teach at the time of death.)

[ö"ì ø' éåçðï àîø îùîòåú ãåøùéï áéðééäå - ÷øáï äòãä]

(m)

(R. Yochanan): [The Tana'im] argue about how to expound. (They do not argue about the Halachah; both exclude Goses.)

øùá"ì àîø îçìå÷ú áéðéäï

(n)

(Reish Lakish): They argue [about the Halachah. The first Tana holds that Lehechalo does not exclude Goses, which is at the time of death; Rebbi excludes Goses from b'Mosan.]

åàúééà ãø"ù áø ååà ëøáé ùîòåï áï ì÷éù

(o)

R. Shimon bar Va holds like Reish Lakish;

ùîòåï áø ååà îé ãîê äåä àîø äà ðôé÷à îéëà åäà ðôé÷à îéëà

1.

When Shimon bar Va was dying (Goses), he said 'this [Kohen Ploni] should leave [the house]. This [Kohen Almoni] should leave.'

i.

We explained this like OHR ZARU'A (2:426). Why didn't he tell all the Kohanim to leave at once? He himself was a Kohen (Rashi Kesuvos 23a), so his father, brother and sons were permitted. (PF) How can PNEI MOSHE explain that he commanded to remove Kelim from the house? Once he became Goses, all of them already became Tamei! If he commanded lest they become Tamei when he will die, this does not show that he holds like Reish Lakish!

éöà åðëðñ ø' èøôåï ôåèø åø' ò÷éáä îçééá

(p)

If [a Kohen was Metamei for a relative, and] left and entered (was Metamei to other Mesim), R. Tarfon exempts and R. Akiva obligates. (We explained this like SEFER NIR);

àîø ìå øáé èøôåï åëé îä äåñéó æä çéìåì òì çéìåìå

1.

Question (R. Tarfon): How does he become more profaned?

àîø øáé ò÷éáä áùòä ùäéä ùí èîà èåîàú ùáòä ôéøù èîà èåîàú òøá éöà åðëðñ èîà èåîàú ùáòä

2.

Answer (R. Akiva): When he was there, he is Tamei (and Metamei one who touches him) Tum'as Shiv'ah (he requires Haza'as Mei Chatas on days three and seven). When he separated, he is Tamei (to be Metamei one who touches him) Tum'as Erev (he immerses, and at night he is totally Tahor). If he left and returned, he [returns to be] Tamei Tum'as Shiv'ah.

àîø ìå øáé èøôåï ò÷éáä ëì äôåøù îîê ëôåøù îçééå

3.

R. Tarfon: Akiva, one who separates from you is like one who separates from his life!