12TH CYCLE DEDICATION
NEDARIM 12-14 - Two weeks of Dafyomi study material have been dedicated by Ms. Estanne Abraham-Fawer to honor the eighth Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

[13a - 38 lines; 13b - 26 lines]

1)[line 8]בחטאתCHATAS

If a person commits a sin b'Shogeg (unintentionally) for which he would be Chayav Kares if he would have committed it b'Mezid (intentionally), he must bring a Korban Chatas. He brings a female goat or female sheep as his Korban Chatas.

2)[line 8]ואשםASHAM

[I] ASHAM VADAI

The Torah specifies five cases where the Korban Asham Vadai is brought. The animal offered is usually a ram that costs at least two Sela'im. The first three involve transgressions:

1.ASHAM ME'ILOS: a person who has benefit from Hekdesh b'Shogeg must bring a Korban Asham, besides paying the amount he benefited plus a fine of Chomesh (Vayikra 5:14-16).

2.ASHAM GEZEILOS: a person who steals money from a fellow Jew, swears in Beis Din that he holds no such money and later admits his sin, must return what he stole, pay a fine of Chomesh, and bring a Korban Asham to receive atonement (Vayikra 5:20-26).

3.ASHAM SHIFCHAH CHARUFAH: a person who has relations with a Shifchah Charufah (e.g. a maidservant who was owned by two partners, and freed by one of them, who is betrothed to a Jewish slave) must bring a Korban Asham, whether he did the sin b'Mezid or b'Shogeg (Vayikra 19:20-22).

4.ASHAM NAZIR: this Korban (a sheep within its first year) is brought by a Nazir who becomes Tamei during his period of Nezirus (Bamidbar 6:12).

5.ASHAM METZORA: this Korban (a sheep within its first year) is brought by a Metzora upon the completion of his Taharah process (Vayikra 14:12).

[II] ASHAM TALUY

If a person is in doubt whether or not he committed a transgression for which one must bring a Korban Chatas, he temporarily brings a Korban Asham Taluy, which is a ram worth two Sela'im (Vayikra 5:17-19). If he later discovers that he did indeed sin, he must offer a Korban Chatas; the Asham Taluy only provides temporary atonement during the period of doubt.

13b----------------------------------------13b

3)[line 19]כעבודת כוכביםAVODAS KOCHAVIM - Idol worship

(a)It is prohibited to derive any benefit from objects used in the service of Avodah Zarah, as is learned from the verse in Devarim (7:26). Anyone who benefits from them receives Malkos two times: once for the prohibition from the above verse and once for the prohibition from the verse in Devarim (13:18).

(b)Objects of Avodah Zarah themselves and the utensils that are used in their service must be destroyed, as it states in Devarim (12:2, 7:5).

(c)The utensils that are used in the service of Avodah Zarah have a lesser degree of Tum'ah (mid'Rabanan) than an Avodah Zarah itself. They can make a person Tamei through touching (Maga), but they do not transfer Tum'ah through Masa (carrying) or Even Mesama (see Background to Shabbos 82:34).

(d)An animal before which a person bows down, worshipping it as an Avodah Zarah, is unfit to be brought as a Korban. It is not prohibited for personal use since live animals do not become prohibited when worshiped.

(e)With regard to Hatfasah of Nedarim, an object of Avodah Zarah is considered a Davar ha'Asur, and as such the Neder is not binding.

4)[line 19]כעורות לבוביןOROS LEVUVIN- hides of animals with holes at the location of the heart [are forbidden because the heart had been cut out while the animal was alive, for idolatrous purposes. As opposed to normal objects of Avodah Zarah, Oros Levuvin are in the category of Tikroves Avodah Zarah (items used as part of the sacramental ritual of idolatry), and are forbidden to the extent that even Bitul (annulment — see Insights to Sukah 31:2) does not retract their status.]

5)[line 20]כשקצים ורמשיםSHEKATZIM U'REMASIM- forbidden animals and reptiles mentioned in Vayikra 11:29-30 (see Background to Shabbos 107:5). A Sheretz, even if it is only the size of an Adashah (lentil bean) is an Av ha'Tum'ah. It makes a person or object Tamei through Maga (contact). If a person becomes Tamei by touching a Sheretz, he can immediately go the Mikvah. After nightfall he becomes Tahor and may eat Terumah or Kodshim.

6)[last line]ל או אתה שומע הן מכללMI'CHELAL LAV ATAH SHOME'A HEN

(a)From a statement expressing a negative, the counter positive can be implied and vice versa. This is a Halachic concept included in the laws of Tena'im (stipulations). It also applies in other places where speech is needed, such as Nedarim.

(b)This principle is the subject of a Machlokes between Rebbi Meir and Rebbi Yehudah. Rebbi Meir rules that we cannot infer the counter expression from his statement, but rather, it must be explicitly articulated. The Gemara (Shevuos 36a) discusses whether Rebbi Meir holds that the opposite cannot be inferred only in cases of Mamon or even in cases of Isur.

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