1)

LIABILITY FOR CARRYING 10 TEFACHIM ABOVE THE GROUND

אמר רבי אלעזר המוציא משאוי למעלה מעשרה טפחים חייב שכן משא בני קהת ומשא בני קהת מנ"ל דכתיב (במדבר ג) על המשכן ועל המזבח סביב מקיש מזבח למשכן מה משכן עשר אמות אף מזבח עשר אמות ומשכן גופיה מנלן דכתיב (שמות כו) עשר אמות אורך הקרש וכתיב (שם מ) ויפרוש את האהל על המשכן ואמר רב משה רבינו פרשו מכאן אתה למד גבהן של לויים עשר אמות וגמירי דכל טונא דמידלי במוטות תלתא מלעיל ותרי תלתי מלתחת אישתכח דהוה מידלי טובא. ואיבעית אימא מארון דאמר מר ארון תשעה וכפרת טפח הרי כאן עשרה וגמירי דכל טונא דמידלי במוטות תלתא מלעיל ותרי תלתי מלרע אישתכח דלמעלה מעשרה הוה [קאי וליגמר ממשה? - דילמא משה שאני, דאמר מר אין השכינה שורה אלא על חכם גבור ועשיר ובעל קומה.
Translation: R. Elazar said, if one was Motzi something more than 10 Tefachim above the ground he is liable, for this is how Bnei. Kehas carried. What is the source of this? "Al ha'Mishkan v'Al ha'Mizbe'ach Soviv" equates the Mizbe'ach to the Mishkan. Just like the Mishkan was 10 Amos tall - "Eser Amos Orech ha'Karesh" - also the Mizbe'ach was 10 tall. And Rav said, "va'Yifros Es ha'Ohel Al ha'Mishkan" - Moshe spread the curtains over the Mishkan. This teaches that Leviyim were 10 Amos tall. We have a tradition - when something is carried on poles, a third is above [the poles], and two thirds are below. It turns out that it was more than 10 Tefachim above the ground. Alternatively, we learn from the Aron. The Aron was nine Tefachim tall; the Kapores (its cover) was one Tefach. Something carried on poles, two thirds are below. Why don't we learn from Moshe? There was a special reason why he was tall. The Shechinah rests only on a Chacham who is mighty, wealthy, and Ba'al Komah.
(a)

How is he Motzi something more than 10 Tefachim above the ground?

1.

Rashi: He carries it in his hand. The Mishnah already taught about carrying on the shoulder [even if the load is totally above 10]. Even though one who throws about 10 Tefachim is exempt, carrying is different, for we learn from the Mishkan.

i.

Rav Elyashiv: We needed a special source to obligate the way that Leviyim carried the Aron. One who carries an item on the shoulder, if we join the body [to the item], the item is not 10 Tefachim off the ground. Throwing above 10 is exempt, for the object is distanced from the ground. Also carrying the Aron in poles, the Aron is distanced from the ground; one might have thought that this is exempt.

2.

Rav Elyashiv: Tosfos (6) said that he is liable only if Akirah and Hanachah were within 10 Tefachim, even though he carried it above 10. Rashi holds that even if he left it (Hanachah) above 10, if his body rested, he is liable. Resting the body is like resting the item.

(b)

What was the question 'what is the source of this?'

1.

Me'iri: We ask the Tana's source to obligate above 10 on the shoulder. All the more so one is liable for in the hand, for it is the primary way to carry.

(c)

What was "Al ha'Mishkan v'Al ha'Mizbe'ach"?

1.

Rashi: The hanging curtains of the Chatzer.

(d)

Was the Mizbe'ach 10 tall? It says "v'Shalosh Amos Komaso"!

1.

Rashi: It was three Amos above the Sovev (a walkway for Kohanim around the Mizbe'ach).

(e)

How do we learn that all Leviyim were 10 Amos tall?

1.

Rashi: We assume that all Leviyim were like Moshe.

i.

Daf Al ha'Daf: Moshav Zekenim (Shemos 26a) asked, if Aharon was 10 Amos tall, how could he enter the Mishkan, which was 10? Also, he wore a Mitznefes on his head! Do not say that he bent down - it is improper to serve a mortal king so, and all the more so Hash-m! Bnei. Yisaschar says that Aharon was not so tall, for Hash-m commanded to make a step in front of the Menorah [which was three Amos tall, so he could light it without raising his hand above the Tzitz]. Rashi, citing Sifri explains "va'Ya'as Ken Aharon" - he did not deviate. Maharil Diskin (Beha'alosecha) explains, even though he did not need the step, for he was tall, he ascended on it, lest he deviate from how future generations will do. Belulah va'Shemen asks, why does it say that they took a stone for Moshe to sit on, and afterwards Aharon and Chur held up his hands? Moshe was very tall. Before he sat, Aharon and Chur could not reach his hands.

ii.

Daf Al ha'Daf: Nachalas Yakov Yehoshua asked, if Aharon was 10 Amos tall, how did his clothes fit Elazar? (NOTE: Why should we say that Aharon was taller than other Leviyim? - PF) When he was told that he will die, he shrank, and his clothes shrank with him. Chazal say similarly that when Sha'ul put his garments on David, they shrank. Vayikra Rabah (26:8) expounds 'aggrandize him more than his brothers' - if a short man was appointed Kohen Gadol or king, he becomes tall. Anointment with Shemen ha'Mishchah makes him better than his brothers. (NOTE: A king who succeeds his father is anointed only if there was contention.) Kehilas Yakov brings from Yalkut that via Shemen ha'Mishchah he becomes a new creation. Teshuvas Ben Pores (1:2) says that Rama me'Pi'ano forbids Meshichah on Shabbos due to Molid. If so, we can say that Elazar grew taller; we need not say that Aharon shrank. Or, perhaps Elazar grew and Aharon's clothes shrank, until they were proper for him. Rashi (Shmuel I, 17:38) implies that so occurred when Sha'ul put his garments on David.

2.

Rashba, citing Rav Hai. Gaon's text: Just like Moshe had to be 10 tall in order to spread the covering over the Mishkan while standing on the ground, the Leviyim had to be 10 tall to cover the Mizbe'ach - "u'Farsu Alav Kesuy Or Tachash" (Bamidbar 4:14). (NOTE: The verses imply that the Kohanim cover everything, and the Leviyim merely carry! This proof applies only to the Kohanim! - PF)

(f)

How do we learn that they carried it more than 10 Tefachim above the ground?

1.

Rashi: The Leviyim were 10 Amos tall, and they carried the Mizbe'ach above their heads or shoulders. About a third of the Mizbe'ach was above, and two thirds below, so the bottom was about a third of 10 Amos above the ground - this is more than 10 Tefachim.

i.

Daf Al ha'Daf: Teshuvas Chasam Sofer (OC 70) asked, why do we need a tradition? The rings on the Mizbe'ach (through which the staves were out) were under the Karkov, three Amos from the top. If so, the bottom was more than 10 Tefachim above the ground! Da'as Zekenim (Shemos 27:4) asked, the rings were on the Reshes, which was in the middle of the height of the Mizbe'ach! He answered that the tradition is that at least of a third of what is carried is above; it can be more. We could have proven that it was 10 above the ground without the tradition. Or, one might have thought that the rings were more than two Amos wide, their top is less than a third from the Mizbe'ach's top, and more than two thirds is below the poles.

(g)

Is there a preference to learn from the Aron?

1.

Rashi: We need not say that all Leviyim were 10 Amos tall. Perhaps [those who carried the Mizbe'ach] were about seven Amos, and the Mizbe'ach was only slightly above the ground. (NOTE: Alternatively, this answer holds that the Mizbe'ach was only three Amos tall (like the simple understanding of Shemos 27:1), and Leviyim (except for Moshe) were our height - PF.)

(h)

How do we learn from the Aron?

1.

Rashi: Even if the Leviyim were our height, i.e. three Amos (18 Tefachim), less than seven Tefachim were below their shoulders, so it was more than 10 Tefachim above the ground.

i.

Tosfos: We learn from Targum Megilas Esther that man is three Amos tall until the shoulder. Parshandasa occupied three Amos, and so did all of [Haman and his sons], even though they were beheaded. How can one totally immerse in a Mikveh three Amos by one Amah by one Amah (Yoma 31a)? When he enters, the water rises and covers his head. Cavities in burial caves were four Amos long (Bava Basra 100a), for that includes the head, neck and the thickness of the coffin [at both ends], and they submerged the coffin in the cavity; it ended one or two Tefachim before the end of the cavity. To prevent Hezek Re'iyah (invasion of privacy), we require a wall four Amos tall, for with the head, neck and lifting oneself [on his toes], he can see over a wall less than four Amos. (NOTE: Perhaps we make burial caves and walls four Amos, due to a minority of people taller than three Amos! - PF) We say that a person's place is four Amos (Eruvin 48a) - that is when he stretches his hand above his head.

(i)

The Aron itself was 10 Tefachim, but there were Keruvim 10 Tefachim tall on top of it (Sukah 5b)! Perhaps the staves were at the top of the 10 Tefachim of the Aron, and it was less than 10 above the ground!

1.

Rav Elyashiv citing Chasam Sofer #1: The third above is not based on height, rather, on weight. Since the stone Luchos were in the Aron, surely they were much heavier than the Keruvim. (Hagahah - and the Aron itself, its primary weight was at the bottom, where the Luchos were). (NOTE: The Luchos were three Tefachim tall; each wall of the Aron was half a Tefach (Bava Basra 14a). Even if the height of the broken Luchos was also three, all the Luchos were within the bottom two thirds. The Luchos were a sixth of the Shi'ur for a Mikveh. If they were 10 times as dense as water, they weighed about 700 kilos, and another 700 for the broken Luchos. In all, about 29 Kikarim (700 kilos) of gold donated for sufficed for the Mishkan, Kelim and Bigdei Kehunah; we do not know how much was for the Kapores and Keruvim. - PF)

2.

Rav Elyashiv citing Chasam Sofer #2: There were two Aronos - one was in Kodesh ha'Kodoshim, and the other went out to war. The latter did not have Keruvim. If it was the same size as the other Aron, we learn from it. Two thirds were below the staves, so it was 10 above the ground.

i.

Rav Elyashiv: This is difficult. What is the source that it was the same size? Also, since it was not in Kodesh ha'Kodoshim, perhaps carrying it is not called Avodas ha'Kodesh, so we cannot learn to Hotza'ah on Shabbos! Perhaps Leviyim were not needed to carry it!

3.

Rav Elyashiv #1: The question is only based on Rashi, who says that we can learn from the Aron even if the Leviyim were only three Amos tall. If not for Rashi, one could say that Leviyim had to be at least seven Amos tall to carry the Kerashim, which were 10 Amos tall, and their staves were a third from the top. Even if the Aron's staves were at the top, they carried it more than 10 above the ground! (NOTE: Did they carry the Kerashim via staves? Wagons carried them! Berichim kept the Kerashim together; when the Mishkan traveled, they removed the Berichim to enable loading the Kerashim onto the wagons one by one! - PF)

4.

Rav Elyashiv #2: Perhaps in the conclusion of Sukah 5b, the Keruvim were not 10 Tefachim tall. (NOTE: If they were more than two Tefachim, and a third of the Aron and Keruvim was above the staves, the Aron extended more than eight Tefachim below the staves, and was within 10 of the ground! - PF)

(j)

How can we learn from the Aron? One who carries a live person is exempt, for ha'Chai. Nosei Es Atzmo (93b). It is not because the weight is decreased from the needed Shi'ur. One is liable for Hotza'ah of a Grogeres [of food], which is very light! Rather, he is exempt because such Hotza'ah was not in the Mishkan. The Aron carried its carriers, and all the more so itself (Sotah 35a)! How can we learn Hotza'ah from it?

1.

Rav Elyashiv #1: The Ramban (Bamidbar 8:24) says that Leviyim served only from the age of 30, for they carried the Aron, which was very heavy, and needs much strength. This is difficult - it carried its carriers! We must say that it carried its carriers only when going from place to place. Great strength was needed to lift it and set it down. Since this required human strength, we can learn Hotza'ah from it. (NOTE: Perhaps even though it carries itself, we require strong people who could carry it, like 'what is Ra'uy l'Bilah, Bilah is not Me'akev.' - PF)

2.

Rav Elyashiv #2: When they carried the Aron, it had three coverings - Paroches, Tachash skin and another covering. These did not carry their carriers. One who carries a live clothed person is exempt, for the clothes are Batel to him. If not, he would be liable for the garments. Perhaps the coverings were not Batel to the Aron. They had special importance, to be a Mechitzah on the Aron. (NOTE: The Paroches was a Mechitzah in front of the Aron. - PF)

3.

Rav Elyashiv #3: Tosfos (94a) explains that ha'Chai. Nosei Es Atzmo is exempt, for such Hotza'ah was not in the Mishkan. There is no source to exempt other cases in which the carried item helps carry itself.

4.

Rav Elyashiv #4: Normally, the Aron does not carry its carriers and itself. Sotah 35a discussed when the Yarden split, Yisrael crossed, and the Yarden returned to normal. There was no way for the Aron's carriers to take it across. Only in such a case, it carries its carriers and itself. The Torah commanded Bnei. Kehas to carry it - surely they needed to truly carry it! Uza was punished for moving to prevent the Aron from falling - in such a case, it carries itself.

5.

Rav Elyashiv (94a): It was a miracle that the Aron carried its carriers; we do not learn from miracles.

(k)

What do we ask that we should learn from Moshe?

1.

Rashi: That all Leviyim were 10 Amos tall.

(l)

Does the Shechinah rests only on an Ashir? Moshe became wealthy via the latter Luchos (Hash-m showed to him a sapphire quarry). He spoke with Moshe before this, at the Sneh and in Egypt!

1.

Rif (on the Ein Yakov): The Shechinah dwells constantly only on an Ashir. Hash-m regularly spoke with Moshe in Ohel Mo'ed after he was rich. Shechinah can dwell b'Mikreh (on occasions) even on one who lacks these attributes.

i.

Etz Yosef: Also the Rosh said so in Nedarim 38a. Even though we find these Midos in Moshe, what is the source that they are Me'akev? We learn from "Navi. mi'Kirbecha me'Achecha Kamoni" - he must be like Moshe. These are great attributes in the eyes of people; it is proper that a Navi, Hash-m's Shali'ach, not lack them.

(m)

What is the source that Moshe was a Gibor?

1.

Etz Yosef citing Ran (Nedarim 38a): Since he was 10 Amos tall to be able to spread the covering over the Mishkan], presumably, he was a Gibor.

2.

Rav Elyashiv: The Rambam (Hilchos Yesodei ha'Torah 7:1) explains these to be spiritual Midos. He is a Gibor in Midos - his Yetzer does not overpower him. This is difficult - the Gemara brings 'Ba'al Komah' regarding his height! This teaching is brought also in Nedarim (38a); there, it says Gibor, Ashir, Chacham and Anav (humble), in place of here, that it says Ba'al Komah. The Rambam inferred that they are spiritual attributes. Surely, the simple meaning of physical attributes is also true. Even though they are not true attributes, they help that his words be heard - "v'Chochmas ha'Misken Bezuyah u'Devarav Einam Nishma'im." (NOTE: Moshe was "Chevad Peh u'Chevad Lashon" (Shemos 4:10)! Rashbam explains that he did not have a speech defect, just he did not speak Egyptian fluently. Radak (Amos 1:1, citing Vayikra Rabah 10:2) - Hash-m said 'I. sent Michah, and they hit him on the jaw - "ba'Shevet Yaku Al ha'Lechi"; I. sent Amos, and they said, Hash-m should not have put His Shechinah on one who stutters. Malbim (Amos 1:1, citing Mahari) - preparation is not needed for prophecy; it is miraculous. Amos was a shepherd. He did not learn Chochmah, nor have honor or wealth! Malbim - normally, Hash-m gives Chochmah only to one who has Chochmah, and Ru'ach ha'Kodesh only to one worthy of it (Koheles Rabah 1:5). However, when He needs to send a Navi, and no one is prepared, He picks one close to Him due to his virtue. - PF)

i.

Daf Al ha'Daf: Nedarim 38b brought a proof that we discuss physical strength, for it learned from "va'Esfos bi'Shnei ha'Luchos"! R. Chaim Shmuelevitz said, we do not discuss physical strength, rather, one who serves Hash-m with all his strength, and uses all of it for Avodas Hash-m, both in conquering the Yetzer ha'Ra and physical matters. So he explained Vayikra Rabah Sof 26, which says that Aharon's Gevurah was waving 22,000 Leviyim in one day. This was a miracle, like Chizkuni says! Rather, via investing all his strength, Hash-m did a miracle for him.

ii.

Daf Al ha'Daf: Lechem Mishneh (Hilchos Yesodei ha'Torah 7:1) asked why the Rambam omitted that he must be Ashir. Beis Shmuel Acharon (Vayeshev) answers that Sanhedrin 11a proves that this is not needed. Once, a Bas Kol said that one of the Chachamim there is worthy of Shechinah, but the generation is not worthy of this. Everyone looked at Hillel. Hillel was poor! Kerem Shlomo (19:7 p.72) asked, the Rambam said that he must be [Ashir, i.e.] happy with his portion! (NOTE: What is the proof from Sanhedrin? If the generation were worthy, Hash-m would make Hillel rich, and put Shechinah on him! also, that was in Eretz Yisrael - presumably, it was after Hillel ascended, and became [the Nasi, and] rich! - PF)