1)

TUM'AH AROUND A CORPSE

(a)

(R. Yitzchak): R. Eliezer ben Yakov said, one who is within four Amos of a corpse becomes Tamei.

(b)

Support (Mishnah - Beis Shamai): One standing in a Chatzer (courtyard) next to a cave of coffins is Tahor, provided that the Chatzer is four Amos (by four Amos);

1.

Beis Hillel say, he is Tahor if it is four Tefachim (handbreadths, by four Tefachim);

2.

This is only if the entrance to the Chatzer is from the top. If the entrance is from the side, all agree that it must be four Amos.

3.

Objection: It should be the opposite! From the side, one can enter and leave without towering over the coffins. If the opening is at the top, one must spread his limbs when climbing down, and he will tower over the coffins!

4.

Correction: Rather, Beis Hillel say four Tefachim only if the entrance to the Chatzer is from the side. If the entrance is from the top, all agree that it must be four Amos. (This supports R. Yitzchak, for Beis Hillel Metaher only because he is in an enclosed Chatzer. If not, he would become Tamei within four Amos.)

2)

WHO DOES NOT FIGHT?

(a)

(Mishnah): "Who is the man who was Mekadesh a woman..."

(b)

(Beraisa): All of the following do not fight: one who was Mekadesh a virgin or a widow, and one to whom a Yevamah fell;

1.

Even if one of five brothers died in war, all the brothers return.

(c)

"He did not (yet fully) marry her" - this is one who was Mekadesh a woman forbidden to him, e.g. a widow to a Kohen Gadol, a divorcee or Chalutzah to a regular Kohen, a Mamzeres or Nesinah to a Yisrael, or vice-versa.

(d)

Suggestion: The Beraisa is not like R. Yosi ha'Glili, who says that the (fearful and) softhearted person that returns is one who is afraid of his sins.

1.

R. Yosi ha'Glili would say that he returns for being Mekadesh a woman forbidden to him!

(e)

Rejection: He can hold like R. Yosi ha'Glili. The Kidushin itself is not forbidden.

1.

(Rabah): A Kohen Gadol who was Mekadesh a widow is not liable (for lashes) until he has Bi'ah with her. The Torah said "he will not Mekadesh her" in order that he should not come to profane (her and his children, through Bi'ah. Kidushin itself is not forbidden).

(f)

(Beraisa): "Who built... who planted... who was Mekadesh" - the Torah teaches proper conduct, that one should first build a house and plant a vineyard, and then be Mekadesh a woman.

1.

We also learn this from Proverbs. "Prepare your work outside, and prepare a field for the future; afterwards, build your house."

2.

Explanation #1: "Prepare your work outside" refers to a house. "Prepare a field for the future" is a vineyard. "Afterwards, build your house" is a wife.

3.

Explanation #2: "Prepare your work outside" is (learning) written Torah. "Prepare a field for the future" is Mishnah. "Afterwards, build your house" is Gemara.

4.

Explanation #3: "Prepare your work outside" is written Torah and Mishnah. "Prepare a field for the future" is Gemara. "Afterwards, build your house" are good deeds.

5.

R. Yosi ha'Glili says, "Prepare your work outside" is written Torah, Mishnah and Gemara. "Prepare a field for the future" are good deeds. "Afterwards, build your house" - expound in Torah and receive reward.

(g)

(Mishnah): These do not return: one who built a gatekeeper's quarters...

1.

(Beraisa): (Even R. Yehudah, who said that one who rebuilds his house as it was does not return, admits that) if he added on a row of bricks, he returns.

(h)

(Mishnah): R. Eliezer says, even one who built a brick house in Sharon does not return.

1.

(Beraisa): This is because the house must be rebuilt twice every seven years.

(i)

(Mishnah): The following do not even go to the border: one who built a new house, and is in the first year of inauguration...

(j)

(Beraisa) Suggestion: Perhaps "a new wife" refers only to a woman who was never married!

(k)

Rejection: "Wife" includes even a widow or divorcee.

(l)

Question: If so, why does it say "A new wife"?

(m)

Answer: She must be new to him. This excludes one who remarried his ex-wife.

(n)

(Beraisa) Suggestion: Perhaps "he will not go in the army", but he supplies water and food and fixes the roads!

(o)

Rejection: "He will not pass (leave his wife) for anything."

1.

Suggestion: Perhaps this applies even to one who built a house and did not inaugurate it, or planted a vineyard and did not redeem its fruit, or was Mekadesh a woman and did not have Nisu'in!

2.

Rejection: "Him" - he does not pass, but others do.

(p)

Question: Since it says "he will not pass", why must it say "he will not go in the army"?

(q)

Answer: This forbids serving in the army with a second Lav.

3)

THOSE WHO ARE AFRAID

(a)

(Mishnah - R. Akiva): "The Shotrim will add on... one who fears, his heart is soft" means simply that he cannot stand in the thick of combat, to see a drawn sword;

(b)

R. Yosi ha'Glili says, this is someone who is afraid of his sins. Therefore, the Torah exempted one who built a house, planted a vineyard or was Mekadesh a woman, lest people know who is leaving because he has sinned.

(c)

R. Yosi says, a man married to a woman forbidden to him, e.g. a widow to a Kohen Gadol, a divorcee or Chalutzah to a regular Kohen, a Mamzeres or Nesinah to a Yisrael, or vice-versa, is the one who is afraid (of his sins).

(d)

When the Shotrim finish speaking, they appoint officers at the front and back of the army;

1.

They appoint valorous men at the front. Others are at the back, with iron arrows, and they are allowed to cut the legs of anyone who wants to go back.

44b----------------------------------------44b

2.

This is because falling is the beginning of fleeing - "Yisrael fled form the Philistines, and there was a great plague among the nation" (this will be explained);

i.

Also, "Yisrael fled form the Philistines, and their corpses fell."

(e)

All this applies to an optional war. In a war that is a Mitzvah, everyone goes to fight, even a Chasan from his room and a Kalah from the bridal canopy;

(f)

R. Yehudah says, all this applies to a war that is a Mitzvah; but in an obligatory war, everyone goes to fight, even a Chasan and a Kalah.

(g)

(Gemara) Question: What do R. Yosi ha'Glili and R. Yosi argue about?

(h)

Answer: R. Yosi ha'Glili says that even one who transgressed a Mitzvah mid'Rabanan does not fight. R. Yosi exempts only one who transgressed a Mitzvah mid'Oraisa.

(i)

Question: Like whom is the following Beraisa?

1.

(Beraisa): If one talked in between putting on the hand Tefilin and the head Tefilin, this is a sin, and it disqualifies him from fighting.

(j)

Answer: It is like R. Yosi ha'Glili.

(k)

Question: Like whom is the following Beraisa?

1.

(Beraisa): If one is shaken when he hears horns sounding and shields clashing, and he wets his pants when swords are brandished, he returns from the army.

2.

Suggestion: This is like R. Akiva. It is unlike R. Yosi ha'Glili.

(l)

Answer: No, it is even like R. Yosi ha'Glili - "he will not soften his brothers' hearts like his own heart."

(m)

(Mishnah): When the Shotrim finish...

(n)

Objection: Falling is not the beginning of fleeing. Rather, fleeing is the beginning of falling!

(o)

Correction: Indeed, that is the correct text of the Mishnah.

(p)

(Mishnah): All this applies to an optional war...

(q)

(R. Yochanan): What Chachamim call an optional war, R. Yehudah calls a Mitzvah. What Chachamim call a war of Mitzvah, R. Yehudah calls an obligatory war.

(r)

(Rava): All agree that Yehoshua's war to conquer (the seven nations of Eretz Yisrael) was obligatory. All agree that David's war for additional territory was optional;

(s)

They argue about a war against Nochrim lest they attack us later. Chachamim call this optional, and R. Yehudah calls it a Mitzvah.

1.

According to R. Yehudah, one engaged in such a war is exempt form performing other Mitzvos that arise. According to Chachamim, he is obligated to do the other Mitzvos.

PEREK EGLAH ARUFAH
4)

EGLAH ARUFAH

(a)

(Mishnah): The Parshah of Eglah Arufah (beheading a calf when a murdered body is found) is said in Hebrew, for it says "when you will find a corpse on the ground, your elders and judges will go out" (this will be explained).

(b)

Three judges of the great Sanhedrin in Yerushalayim go out;

(c)

R. Yehudah says, five go.

1.

"Your elders" teaches about two; "and judges" teaches about another two. We do not make an even Beis Din (i.e. with an even number of judges), so we add a fifth.

(d)

If the corpse is found covered in a mound, or hanging from a tree, or floating on the water, we do not bring it. The body must be "on the ground", not hidden; "that fell", not hanging from a tree; "in the field", not floating on the water.

(e)

If it is found near the border (of Eretz Yisrael), or near a city that is mostly Nochrim, or near a city without a Beis Din (of 23), they do not behead a calf; they only measure to a city that has a Beis Din.

(f)

(Gemara) Question: How does the verse show that the Parshah is said in Hebrew?

(g)

Answer (R. Avahu): It says "they will answer and say", like it says regarding the Berachos and curses on Har Gerizim and Har Eival. Just like those were in Hebrew, also Parshas Eglah Arufah;

1.

The continuation of the Mishnah (they will go out...) merely details the procedure of beheading the calf.

(h)

(Mishnah - R. Yehudah): There are five judges...

(i)

(Beraisa - R. Yehudah): "Your elders" teaches two; "and your " teaches two. We do not make an even Beis Din, so we add a fifth;

(j)

R. Shimon says, "Your elders" teaches two. We do not make am even Beis Din, so we add a third.

(k)

Question: Why doesn't R. Shimon add two for "and your judges"?

(l)

Answer: He uses that to teach that the most special of the judges go (i.e. from the great Sanhedrin).

(m)

Question: What is R. Yehudah's source for this?

(n)

Answer #1: It says "your elders", as opposed to 'elders'.

(o)

Question: Why doesn't R. Shimon learn this way?

(p)

Answer, and objection to Answer #1: R. Shimon holds that 'elders' connotes any old people. "Your elders" connotes members of any Sanhedrin. The Torah needed to say "and your judges" to teach that members of the great Sanhedrin must go. (This refutes the answer given for R. Yehudah!)

(q)

Answer #2: R. Yehudah learns from a Gezeirah Shavah "elders-elders" from the judges who do Semichah (lean) on a Korban brought for a mistake of the great Sanhedrin.

(r)

Objection: If so, he should learn five judges directly from there. What would he learn from "your elders" and "and your judges"?!

(s)

Answer #3: Really, he learns like R. Shimon. However, he expounds "and (your judges)" to teach another two.

1.

R. Shimon does not expound "and."

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