1)

INVALID WITNESSES

(a)

Version #2: If a valid witness came first, even if 100 women later contradict him, they are only like one man (and they are not believed, since the valid witness was believed like two);

1.

The Mishnah discusses when a woman testified first.

2.

We explain R. Nechemya's words as follows. Wherever the Torah believed one witness, we follow the majority. Two women who contradict one woman are like two men who contradict a man (they are believed);

3.

If two women contradict one man, we are in doubt who to believe.

(b)

Question: Why must the Mishnah teach two clauses about invalid witnesses?

(c)

Answer: One might have thought that we follow the majority (of invalid witnesses) only to be stringent. The other clause teaches that we follow them even to be lenient.

PEREK ELU NE'EMARIN
2)

WHAT MUST BE SAID IN HEBREW

(a)

(Mishnah): The following may be said in any language: Parshas Sotah; Viduy Ma'aser (the declaration that one has given his tithes); Shema Yisrael; prayer; Birkas ha'Mazon; the oath that one does not know testimony; and the oath of a Shomer (watchman).

(b)

The following Parshiyos must be said in Hebrew: Mikra Bikurim (what one recites when he brings the first of the seven species to ripen); the verses said at Chalitzah; the Berachos and curses (said on Har Gerizim and Har Eival); Birkas Kohanim; the Berachos of the Kohen Gadol (on Yom Kipur); Hakhel (the Parshah the king reads when the nation gathers on Sukos); Eglah Arufah (beheading a calf when a murdered body is found); and what the Kohen anointed for war says to the soldiers.

(c)

The following teaches that Mikra Bikurim must be said in Hebrew. It says "you will answer...", and it says (regarding the Berachos and curses) "the Leviyim will answer";

1.

Just like the Leviyim answered in Hebrew, also Mikra Bikurim.

(d)

We learn about Chalitzah from "she will answer and say", like it says about the Leviyim;

1.

R. Yehudah says, we need not learn from the Leviyim. It says "she will answer and say like this" - it must be in the exact language as in the Torah.

3)

THE BLESSINGS AND CURSES

(a)

(Continuation of Mishnah) Question: What was the procedure of the Berachos and curses?

(b)

Answer: When Bnei Yisrael entered Eretz Yisrael, they came to Har Gerizim and Har Eival in Shomron, near Shechem.

1.

Six tribes ascended to the top of Har Gerizim, and six ascended to the top of Har Eival. The Kohanim, Leviyim, and the Aron were in the valley below.

i.

Note: The Me'iri and Radak (Yehoshua 8:33) say that the Shevatim were on the slope, but not on the top, for it says "Mul". Why does the Gemara say "the top"? Why can't we explain that the Shevatim were on top, and "Mul" refers to converts? The verse says "ka'Ger ka'Ezrach Chetzyo El Mul..." I.e. just like half of Yisrael were on Har Gerizim and half on Har Eival, the converts below, half faced Har Gerizim and half faced Har Eival? This requires investigation. (PF)

2.

The Kohanim surrounded the Aron, the Leviyim surrounded the Kohanim, and the rest of Yisrael were on both sides - "all of Yisrael, the sages, Sheluchim of Beis Din, and judges stand on both sides of the Aron."

(c)

(The Leviyim) turned towards Har Gerizim and started with a Berachah, 'blessed is the man who will not make an (idolatrous) graven image or figure from molten metal.' Yisre'elim on both sides answered 'Amen';

1.

They (the Leviyim) turned towards Har Eival for the curse, 'cursed is the man who will make a graven image or figure from molten metal.' Yisre'elim on both sides answered Amen.

2.

All the Berachos and curses were said like this.

(d)

Afterwards, they brought the stones, built an Mizbe'ach and plastered it with lime; they wrote the entire Torah on it, in each of the 70 languages - "Ba'er Heitev."

(e)

They took the stones and stayed overnight in their place (Gilgal).

32b----------------------------------------32b

4)

THINGS SAID IN ANY LANGUAGE

(a)

(Gemara): "The Kohen tells the woman" teaches that Parshas Sotah may be said in any language.

(b)

(Beraisa): We inform her why she drinks, in what she drinks, what caused her to be defiled, and for which adultery the water tests her.

1.

Why she drinks - because there was warning and seclusion;

2.

In what she drinks - in a Kli of earthenware;

3.

What caused her to be defiled - lightheadedness and immaturity;

4.

For which adultery the water tests her - (not if she was) unaware or forced, (only if she sinned) knowingly and willingly.

(c)

(Mishnah): Viduy Ma'aser (may be said in any language).

1.

It says "you will say in front of Hash-m, 'I eradicated the Kodesh (the tithes) from the house.'" We learn from Parshas Sotah, in which it also says "saying", and may be said in any language.

(d)

Question (Rav Zevid): Why don't we learn from the (Berachos and curses of the) Leviyim, in which it also says "saying"? They were in Hebrew!

(e)

Answer (Abaye): It is better to learn from Sotah, in which it says only "saying" (like in Viduy Ma'aser), and not from the Leviyim, in which it says "answering" and "saying."

(f)

(Beraisa - R. Shimon): One should mention his own praise in a low voice. We learn from Viduy Ma'aser;

1.

One should mention his detriment in a loud voice. We learn from Mikra Bikurim.

(g)

Question: Here, R. Shimon says that detriment should be in a loud voice;

1.

Contradiction (R. Yochanan, citing R. Shimon): Prayer was instituted to be said quietly, to avoid embarrassing sinners, just like the Torah says to slaughter a Chatas (for a sin) in the same place (the north) as a (voluntary) Olah (so people will not know that he brings a Chatas).

(h)

Answer: Rather, one should discuss his affliction in a loud voice.

1.

(Beraisa): "He (a Metzora) will call out 'Tamei, Tamei'" - one should publicize his affliction, so others will ask Hash-m to have mercy upon him.

2.

The same applies to one who lost a relative.

(i)

(R. Yochanan, citing R. Shimon): Prayer was instituted to be said quietly, to avoid embarrassing sinners, just like the Torah says to slaughter a Chatas in the same place as an Olah.

(j)

Objection #1: The blood of a Chatas is put on top of the Mizbe'ach, and the blood of an Olah is thrown below (on corners of the Mizbe'ach. People will know that it is a Chatas!)

(k)

Answer: Only the Kohen will know.

(l)

Objection #2: A Chatas is a female, but an Olah is a male!

(m)

Answer: A lamb's tail covers the genitals, so onlookers cannot tell its gender.

1.

Question: If the sinner brings a goat, onlookers will know that it is a female!

2.

Answer: He embarrassed himself. If he did not want people to know, he should have brought a lamb! (One may bring a female lamb or goat for a Chatas.)

3.

Question: One who served idolatry must bring a goat!

4.

Answer: For such a severe sin, it is good that he be embarrassed, to help atone for the sin.

5)

MUST SHEMA BE RECITED IN HEBREW?

(a)

(Mishnah): Shema Yisrael (may be recited in any language).

1.

"Shema (hear)" - it may be in any language you hear (i.e. understand).

(b)

(Beraisa - Rebbi): Shema Yisrael must be said as it is written (i.e. in Hebrew);

(c)

Chachamim say, it may be in any language.

1.

Rebbi learns from "they (the words) will be" - like they are (in Hebrew).

2.

Chachamim learn from "Shema (hear)" - in any language you hear.

(d)

Question: What do Chachamim learn from "they will be"?

(e)

Answer: This teaches that it must be read in order.

1.

Rebbi learns this from the extra 'Hei' in "ha'Devarim (the words)."

2.

Chachamim do not expound the Hei.

(f)

Question: What does Rebbi learn from "Shema"?

(g)

Answer: This teaches that one must say the words audibly to his own ears.

1.

Chachamim hold that even if one does not say it audibly, he fulfills the Mitzvah.

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