NIDAH 49 - Dedicated generously by Reb Kalman and Esme Bookman of Glasgow, Scotland.

[49a - 23 lines; 49b - 41 lines]

1)[line 4]בעי למסתמה כרבנןBA'I L'MISTEMAH K'RABANAN- he wished to present the opinion at the end of the Mishnah anonymously in order to establish that the Halachah follows that opinion (which is also the opinion of the Tana Kama at the beginning of the Mishnah)

2)[line 5]יחיד ורבים, הלכה כרביםYACHID V'RABIM, HALACHAH KA'RABIM

Yachid v'Rabim, Halachah ka'Rabim means that when a single sage argues with a number of sages, the Halachah follows the view of the majority.

3)[line 9]שהוא מכניסSHE'HU MACHNIS- that [has a hole that] lets in [liquids]

4)[line 9]מוציאMOTZI- [will certainly let liquids] flow out [of that hole]

5)[line 9]יש שמוציא ואינו מכניסYESH SHE'MOTZI V'EINO MACHNIS- there are [holes] that [let liquids] flow out [of them] but do not [let liquids] flow into [them] (i.e. liquids in a utensil are constantly pressing against its sides and will flow out of it as soon as there is a very small hole. However, that same hole will not let liquids flow into the utensil when the utensil is submerged into a tub of water, since the water in the tub has other surfaces upon which to apply pressure besides the utensil.)

6)[line 11]מדרסMIDRAS

(a)A Nidah (see Background to Nidah 11:3), Yoledes (see Background to Nidah 29:6), Zav (see Background to Nidah #43:13), or Zavah (see Background to Nidah 30:5), can cause objects (other than Klei Cheres, earthenware objects) that are under them to become Avos ha'Tum'ah whether they touch them or not. The objects become Tamei Midras (lit. an object that is treaded upon). Two examples of Midras are known as Mishkav or Moshav ha'Zav, ha'Zavah, etc. (or the Tachton, of a Zav, etc.). An object that is under these people becomes a Midras only if it was made for lying, sitting, or leaning upon.

(b)A person who touches (Maga) or carries (Masa) either a Midras or a Zav, Zavah, Nidah or Yoledes themselves gets the status of Rishon l'Tum'ah, and so do the clothes he is wearing and other utensils (except for earthenware utensils) that he is touching at the time.

(c)Utensils or clothes that lie above the Zav, etc. also get the status of a Rishon l'Tum'ah, whether he touches them or not. These are called the Elyon of a Zav, Zavah, Nidah or Yoledes.

7)[line 12]טמא מתTEMEI MES (TUM'AS MES)

(a)A k'Zayis of the flesh of a Mes (corpse) is an "Avi Avos ha'Tum'ah" and is Metamei through Maga (contact), Masa (carrying), and Ohel (being in the same room (lit. tent). An Ohel is defined as a covered space that is at least one Tefach in length, width and height. If a person becomes Tamei with Tum'as Mes, he must wait seven days to go to the Mikvah. Furthermore, on the third and seventh days he must have Mei Chatas (water mixed with ashes of the Parah Adumah - see next entry) sprinkled on him.

(b)In an Ohel ha'Mes, the house or room becomes Tamei even if the Mes is passing through it and does not stop moving. A person who enters an Ohel ha'Mes becomes Tamei even if only a bit of his body enters, even when entering backwards. A Mechitzah (partition) in an Ohel ha'Mes prevents the spread of Tum'ah only if the partition reaches the ceiling. (RASH to Kelim 1:4)

(c)The Atzamos (bones) of a Mes are only Metamei through Ohel under one of three conditions: 1. They constitute a quarter of a Kav (Rova ha'Kav); 2. They are the majority of the human body (whether they are the majority of the build (Rov Binyano) of the body or the majority of the number (Rov Minyano) of 248 bones; 3. The bone is a complete skull or a complete spinal column. In order to be Metamei through Maga and Masa, it is enough for the bone to be the size of a Se'orah (a grain of barley).

(d)A Mes that is in a house is Metamei (with Tum'as Ohel) all people, utensils and food that are in the house. Maga and Masa of a Mes can be Metamei people, utensils and food with Tum'as Mes.

8)[line 13]מי חטאתMEI CHATAS

(a)The Parah Adumah, an exclusively red-haired cow, is burned on Har ha'Zeisim and its ashes are used for making a person Tahor if he is Tamei Mes (Bamidbar 19:1-22). Only a cow that has not had a yoke placed upon it and has had no other work done with it is fit to be used as a Parah Adumah (Bamidbar 19:2).

(b)A place is prepared for its slaughter on Har ha'Zeisim, opposite the gate to the Azarah (the courtyard of the Beis ha'Mikdash). The Kohen Gadol and all of the Kohanim who help him in the preparation of the Parah Adumah exit from this gate. After it is slaughtered, its blood is sprinkled in the direction of the Beis ha'Mikdash seven times.

(c)Sereifas ha'Parah (burning the cow) is also performed on Har ha'Zeisim. A cedar branch, some Ezov branches and a piece of crimson wool, are thrown into the carcass of the cow while it is burning (Bamidbar 19:6).

(d)If a person or utensil became Tamei through touching or carrying Tum'as Mes or being in the same room as a corpse or something that is Metamei b'Ohel, he must wait seven days to become Tahor. On the third and seventh days he must have spring water mixed with the ashes of the Parah Adumah (Mei Chatas or Mei Nidah) sprinkled on him. A person who is Tahor dips three Ezov branches that have been bound together into the mixture, and sprinkles them on the person who is Tamei. On the seventh day, he immerses in a Mikvah after the mixture is sprinkled on him in order to complete his Taharah (Bamidbar 19:17-19).

9)[line 14]פסול משום גסטראPASUL MISHUM GISTERA- if it (the hole that is Machnis) is in a Gistera (a piece of a broken utensil) such a hole makes it Tahor, since even a hole that is Motzi ruins a Gistera

10)[line 15]שוניןSHONIN- the Tana'im learn a Halachah l'Moshe mi'Sinai

11)[line 21]עריבהAREIVAH- a basin


12)[line 1]כופף אזני קדרה לתוכהKOFEF OZNEI KEDEIRAH L'SOCHO- he turns the earthenware pot upside down in the empty basin

13)[line 2]מציףMETZIF- and he then fills the basin with water to a higher level than the base of the overturned pot

14)[line 4]שופתה על גבי האורSHOFSAH AL GABEI HA'UR- he places the pot filled with water over a cooking fire

15)[line 8]רמץREMETZ- hot coals

16)[line 10]טורד טיפה אחר טיפהTORED TIPAH ACHAR TIPAH- if it continuously drips, drop after drop

17)[line 12]על ידי הדחקAL YEDEI HA'DECHAK- due to pressure

18)[line 17]אצבע יתרהETZBA YESERAH- an extra finger or toe

19)[line 20]כשאינה נספרת על גב הידK'SHE'EINAH NISPERES AL GAV HA'YAD- and when the additional finger is not counted [in a line] with the others (lit. on the back of the hand)

20a)[line 23]סאהSE'AH - a container used for measuring a Se'ah (DRY MEASURES(

(a)The following is a list of measures of volume used in the Mishnah and Gemara:

1.1 Kor (= 1 Chomer) = 30 Se'in

2.1 Lesech = 15 Se'in

3.1 Eifah = 3 Se'in

4.1 Se'ah = 6 Kabin

5.1 Tarkav (= Trei v'Kav, or 3 Kabin) = 12 Lugin

6.1 Kav = 4 Lugin

7.1 Log (= 1 Rova) = 4 Revi'iyos = 6 Beitzim

8.1 Beitzah = 2 or 3 k'Zeisim, according to the varying opinions

(b)In modern-day measures, the k'Zayis is approximately 0.025, 0.0288 or 0.05 liters, depending upon the differing Halachic opinions. Thus, 1 Se'ah = 7.2, 8.29 or 14.4 liters, according to the various opinions.

b)[line 23]תרקבTARKAV- and a container used for measuring three Kavim (half of a Se'ah). The word "Tarkav" is a conjunction of the words "Trei v'Kav" - "two [Kavim] plus a Kav"

21)[line 24]"והיושב על הכלי אשר ישב עליו הזב ...""VEHA'YOSHEV AL HA'KLI ASHER YESHEV ALAV HA'ZAV..."- "And he who sits on any thing on which the Zav sat, [shall immerse his clothes, and immerse himself in [the] water [of a Mikvah], and be Tamei until nightfall.]" (Vayikra 15:6) - In Shabbos 59a, the Gemara brings another verse (Vayikra 15:4) to prove this Halachah. RASHI there states that the verse quoted by our Gemara is a mistake. Accordingly, the Girsa should be, "... וכל הכלי אשר ישב עליו ..." "...V'CHOL HA'KELI ASHER YESHEV ALAV..." - "[Every bed on which the Zav lies is Tamei;] and everything on which he sits [shall be Tamei.]" (Vayikra 15:4)

22)[line 24]כפהKAFAH- he turned over

23)[line 28]דיני נפשות / דיני ממונותDINEI NEFASHOS / DINEI MAMONOS

Court cases can be classified into two different types: Dinei Nefashos (capital cases) and Dinei Mamonos (monetary matters). The Mishnah (Sanhedrin 32a) lists ten differences between them, which are explained on the ensuing Dapim (ibid. 32a-36b):

1.Dinei Nefashos require a Beis Din of 23 judges; Dinei Mamonos only require a Beis Din of three.

2.The beginning of the debate in a case of Dinei Nefashos must start with a statement that mentions the innocence of the defendant, for example, "if you have not committed the offense, you need not worry." In a case of Dinei Mamonos, the debate may start in his favor or against him (ibid. 32b-33a).

3.Any majority of judges may acquit the defendant in a case of Dinei Nefashos. In order to condemn him, a majority of at least two judges is needed, while in Dinei Mamonos, any majority may acquit or condemn the defendant (ibid. 33b).

4.If a defendant is acquitted, and it is found that the ruling was mistaken (or new evidence was found for his guilt), the case may be reopened only in Dinei Mamonos but not in Dinei Nefashos. If he was found guilty, the case may be reopened in either type of trial (ibid. 33b).

5.In Dinei Nefashos, only the judges may argue to condemn the defendant, while the students of the judges who are present at the trial may not argue against him. However, in order to acquit him, even the students may argue in his favor. In Dinei Mamonos, those present at the trial may argue in favor of the defendant or against him (ibid. 33b-34a).

6.In Dinei Nefashos, a judge who argues to condemn the defendant may change his position during the case to argue in his favor. However, if he argues to acquit the defendant (or even if he casts his vote as "Eineni Yode'a" - "I cannot decide"), he may no longer argue to condemn him. No such Halachah exists in Dinei Mamonos (ibid. 34a).

7.All court cases must convene during the day. The verdict in a case of Dinei Nefashos must likewise be issued during the day. The verdict in a case of Dinei Mamonos can even be issued during the night (ibid. 34b).

8.If the judges convened a case of Dinei Nefashos, they may acquit the defendant even on the same day. However, if on that day they wish to issue a guilty verdict, they must wait until the next day before they are allowed to do so. As such, it is forbidden to convene a case of Dinei Nefashos on Erev Shabbos or Erev Yom Tov, since it would be impossible to carry out a death sentence on Shabbos or Yom Tov, and it is forbidden to delay the death penalty once the guilty verdict has been issued (ibid. 34b-35a).

9.In a case of Dinei Nefashos, the younger, less experienced judges start the debate, lest an older, more experienced judge argues against the defendant, and the other judges will not be willing to argue with him (ibid. 36a).

10.Only Kohanim, Leviyim and Yisraelim whose daughters may marry Kohanim are fit to judge cases of Dinei Nefashos. Any judge is fit to adjudicate in a case of Dinei Mamonos, even if he is a Mamzer (ibid. 36b).

24)[line 33]הוינן בהHAVINAN BAH- we ask about it

25)[line 36]ראוי לבא בקהלRA'UY LAVO BA'KAHAL- he is fit to "come into the congregation" (i.e., to marry a Jewess)