1)

MIXED WINE

(a)

(Mishnah): Like wine mixed with two parts of water...

(b)

(Beraisa): (Mixed - some texts delete this) Sharoni wine is like (undiluted) Karmeli wine.

(c)

One should mix wine and check immediately (he should not use old mixed wine).

(d)

(R. Yitzchak bar Avodimi): We put the wine in a glass cup made in Teverya.

(e)

Question: What is the reason?

(f)

Answer (Abaye): Everywhere else, a Maneh (the weight of 100 Zuz) of glass is used to make a glass that holds a Lug. Two Manos are used to make a two Lug glass;

1.

In Teverya, they make a two Lug glass from one Maneh. Since the glass is thinner, the wine is seen better.

PEREK HA'MAPELES
2)

TUM'AH DUE TO A MISCARRIAGE

(a)

(Mishnah): If a woman "miscarried" a piece of flesh (it fell from her Ervah):

1.

If blood came out with it, she is Teme'ah. If not, she is Tehorah;

2.

R. Yehudah says, in either case she is Teme'ah.

(b)

If a woman miscarried (something resembling) a scab, hair, earth or red mosquitoes (Aruch - worms) --

1.

If they dissolve in water, she is Nidah. If not, she is Tehorah.

(c)

If a woman miscarried (something resembling) fish, grasshoppers, Shekatzim or Remashim (insects or swarming creatures) --

1.

If blood came out with them, she is Teme'ah. If not, she is Tehorah.

(d)

R. Meir says, if she miscarried (something resembling) a Behemah, Chayah or bird, whether Tamei or Tahor --

1.

She is Teme'ah Yoledes, according to the gender of what she gave birth to;

2.

If we do not know the gender, she adopts the stringencies of Yoledes Zachar and Yoledes Nekevah.

(e)

Chachamim say, non-human forms are not considered children. She is not a Yoledes.

(f)

Version #1 (Gemara - Shmuel): R. Yehudah is Metamei (without blood) only if the flesh has the color of one of the four Tamei appearances of blood. If not, he is Metaher.

(g)

(R. Yochanan): R. Yehudah and Chachamim agree that if the flesh is one of the four colors, she is Nidah. If not, she is Tehorah;

1.

They argue when we do not know the color of the flesh:

2.

R. Yehudah follows the majority. Most miscarried flesh is one of the four colors.

3.

Chachamim say, the majority is not from the four colors (Tosfos. Ramban - it is an even Safek, so she retains her Chazakah.)

(h)

Objection (R. Hoshaya's Beraisa): If a woman miscarried a piece of flesh that was red, black, yellow or white, if blood came out with it, she is Teme'ah. If not, she is Tehorah;

1.

R. Yehudah says, in either case she is Teme'ah.

2.

This refutes Shmuel's explanation of R. Yehudah (that R. Yehudah is Metamei only if the piece is one of the four Tamei colors);

3.

This refutes R. Yochanan's explanation of Chachamim and R. Yehudah (that both are Metamei only if it was one of the four Tamei colors)!

(i)

Answer (for Shmuel and for R. Yochanan's understanding of R. Yehudah): Perhaps R. Yehudah is not Metamei yellow and white. He refers only to red and black.

(j)

Rejection - Question: Why does the Beraisa mention yellow and white?

1.

It cannot teach that Chachamim are Metaher it. Since they are Metaher red and black, there is no need to say that they are Metaher yellow and white!

2.

Answer: We must say that yellow and white were taught to teach that R. Yehudah is Metamei them! (Tosfos deletes the following answer and rejection from the text, for the Beraisa explicitly teaches that Chachamim are Metaher even red and black.)

(k)

Answer (for R. Yochanan's understanding of Chachamim): Perhaps Chachamim are not Metaher red and black, only yellow and white. They say that the law of red and black is like R. Yehudah says.

(l)

Rejection - Question: Why does the Beraisa mention red and black?

1.

It need not teach that R. Yehudah is Metamei them. Since he is Metamei yellow and white, there is no need to say that he is Metamei red and black!

2.

Answer: We must say that they were taught to teach that Chachamim are Metaher even them.

(m)

(Rav Nachman bar Yitzchak): Rather, they argue about whether the womb can open (for a birth or miscarriage) without blood, like the following Tana'im argue:

1.

(Beraisa): If a woman saw blood amidst labor pains on two consecutive days and she miscarried on the third day, and she does not know what came out, she is Safek Yoledes (for perhaps she miscarried a Nefel), Safek Zavah (perhaps she did not miscarry a Nefel, but saw blood), and Safek neither (perhaps there was no Nefel nor blood);

21b----------------------------------------21b

i.

She brings Korbanos (Olas ha'Of and Chatas ha'Of, which exempt a Yoledes or Zavah). The Chatas is not eaten. (If in truth she is neither Yoledes nor Zavah, she was exempt from Korbanos. The Olah is a (valid) Nedavah, but the Chatas is Pasul. One may bring Chatas ha'Of due to Safek, just it is not eaten.)

2.

R. Yehoshua says, she brings Korbanos and the Chatas is eaten, for the womb never opens without blood. (She is definitely a Yoledes or Zavah. In either case she must bring Korbanos.)

(n)

Version #2 (Shmuel): R. Yehudah is Metamei if the flesh is one of the four Tamei colors. Otherwise, he is Metaher.

(o)

Objection (R. Hoshaya's Beraisa): If a woman miscarried a piece of flesh that was red, black, yellow or white, if blood came out with it, she is Teme'ah. If not, she is Tehorah;

1.

R. Yehudah says, in either case she is Teme'ah.

(p)

Answer: Perhaps R. Yehudah is not Metamei yellow and white. He refers only to red and black.

(q)

Rejection - Question: Why does the Beraisa mention yellow and white?

1.

It cannot teach that Chachamim are Metaher it. They are Metaher red and black, and all the more so yellow and white!

2.

Answer: We must say that it teaches that R. Yehudah is Metamei yellow and white!

(r)

(R. Yochanan): Rather, they argue about whether the womb can open without blood, like the following Tana'im argue:

1.

(Beraisa): If a woman saw blood amidst labor pains on two consecutive days and she miscarried on the third day, she does not know what came out, she is Safek Yoledes, Safek Zavah (and Safek neither);

i.

She brings Korbanos, but the Chatas is not eaten.

2.

R. Yehoshua says, she brings Korbanos and the Chatas is eaten, for the womb never opens without blood.

3)

A WOMAN WHO MISCARRIED FLESH

(a)

(Beraisa #1 - Sumchus): If a woman miscarried a piece of flesh, she should tear it open. If there is blood inside, she is Teme'ah. If not, she is Tehorah.

(b)

This is like Chachamim (in one respect), and (in another respect) it is more stringent than Chachamim;

1.

It is like Chachamim, who say that the womb can open without blood;

2.

It is more stringent than Chachamim. They are Metamei only if blood accompanies it, but Sumchus is Metamei even if blood is merely found inside.

(c)

(Beraisa #2 - R. Acha): If a woman miscarried a piece of flesh, she should tear it open. If the inside is red, she is Teme'ah. If not, she is Tehorah.

(d)

This is like Sumchus, and it is more stringent (it is Metamei anything red inside, and not only blood).

(e)

(Beraisa #3 - R. Binyamin): If a woman miscarried a piece of flesh, she should tear it open. If there is a bone inside, she is Teme'ah like a Yoledes.

(f)

(Rav Chisda): This is only when the flesh is white.

(g)

Support (Beraisa): If a woman miscarried a white piece of flesh, she should tear it open. If there is a bone inside, she is Teme'ah like a Yoledes.

(h)

(R. Yochanan citing R. Shimon): If a woman miscarried a piece of flesh, she should tear it open. If there is much blood inside, she is Teme'ah; if not, not.

(i)

This is like Sumchus, and it is more lenient than all the other Tana'im. (It is Metaher a small amount of blood inside.)

(j)

Question (R. Yirmeyah): If a tube is inserted into the Cheder and blood comes through (and leaves her), what is the law?

1.

Perhaps she is Teme'ah only if the blood is "bi'Vsarah," but not in a tube?

2.

Or, perhaps "bi'Vsarah" teaches only that she becomes Teme'ah when the blood is still inside her (in the Prozdor), just like when it leaves her?

(k)

Answer (R. Zeira): The blood must be "bi'Vsarah," and not in a tube;

1.

Had the Torah wanted to teach only that she becomes Teme'ah when the blood is still inside her like when it leaves, it should have said 'Besarah';

2.

Since it says "bi'Vsarah," we learn both.

(l)

Question: R. Yochanan taught, if a woman miscarried a piece of flesh, she should tear it open. If there is much blood inside, she is Teme'ah. If not, she is Tehorah. (Blood inside flesh is like blood inside a tube!)

(m)

Answer: It is normal for blood to leave the Cheder inside flesh (and the flesh is the same Min (type) as her body), therefore it is not a Chatzitzah (separation);

1.

It is not normal for blood to leave in a tube, therefore that is a Chatzitzah.

(n)

Suggestion: Tana'im argue about blood that leaves in a tube:

1.

(Beraisa): If a woman miscarried a piece of flesh, even if there is blood inside, she is Teme'ah only if blood came with it;

2.

R. Eliezer says, "bi'Vsarah" excludes in a Shefir (the outer skin of a fetus before bones form) or piece of flesh.

3.

Interjection: This is like the first Tana!

4.

Correction: Rather, it should say "for R. Eliezer says that 'bi'Vsarah' excludes in a Shefir or piece of flesh." (He is the first Tana);

5.

Chachamim say, this is not Dam Nidah, rather, blood of the piece of flesh.

6.

Question: Also the first Tana is Metaher!

7.

Answer: They argue when the piece is convoluted (and the blood is between the folds):

i.

R. Eliezer holds that "bi'Vsarah" excludes in a Shefir or piece. He likewise excludes in a tube;

ii.

However, he excludes only (blood inside) a smooth piece, but blood between the folds of a convoluted piece is Metamei. It is considered "bi'Vsarah";

iii.

Chachamim hold that even then she is Tehorah. The blood is of the piece. It is not Dam Nidah.

iv.

Inference: If the blood would be Dam Nidah, she would be Teme'ah, even though there is a Chatzitzah. The same applies if it left in a tube!

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