1)

THE KORBAN FOR A MISTAKEN RULING

(a)

(Mishnah): For any Mitzvah punishable by Kares or Chatas, if one transgressed b'Shogeg:

1.

A (regular) individual brings a female goat or lamb;

2.

The Nasi brings a male goat;

3.

A Mashi'ach or Beis Din brings a bull.

(b)

For idolatry, an individual, Nasi or Mashi'ach brings a goat (a Chatas). The Tzibur (Beis Din) brings a bull for an Olah and a goat for a Chatas.

(c)

Question: What is the source for this?

(d)

Answer (Beraisa - Rebbi): We learn from a Gezeirah Shavah from "V'Nod'ah ha'Chatas Asher Chat'u Aleha";

1.

It also says "Aleha" regarding Achos Ishto, which is punishable by Kares and Chatas. Here also, we discuss something punishable by Kares and Chatas.

(e)

Question: This answers only for the Tzibur. What is the source regarding a Mashi'ach?

(f)

Answer: "For the guilt of the nation" equates him to the Tzibur.

1.

We learn an individual and Nasi from a Gezeirah Shavah "Mitzvos-Mitzvos".

(g)

(Beraisa): For idolatry they bring only for something punishable by Kares and Chatas.

(h)

A Gezeirah Shavah "Einei-Einei" teaches this law for the Tzibur;

(i)

We learn an individual, Nasi and Mashi'ach from "And if one Nefesh". Each of these is a Nefesh!

1.

"And" shows that we learn the latter Parashah from the previous one.

2)

CHACHAMIM'S SOURCE

(a)

Question: How do Chachamim learn this?

(b)

Answer: They learn like R. Yehoshua taught to his son, "Torah Achas Yihyeh Lachem la'Oseh bi'Shgagah; veha'Nefesh Asher Ta'aseh b'Yad Ramah (Es Hash-m Hu Megadef-)";

1.

(Regarding Korban,) the entire Torah is equated to idolatry (Megadef), which is punishable by Kares and Chatas.

(c)

Question: This teaches about an individual, Nasi and Mashi'ach, for regular sins and idolatry;

1.

How do we know the law of the Tzibur regarding idolatry?

(d)

Answer: "And if a Nefesh" equates the Tzibur to an individual, which is written after it.

(e)

Question: How do we know the law of the Tzibur regarding other Mitzvos?

(f)

Answer: We learn from a Gezeirah Shavah "me'Einei -me'Einei."

(g)

Question: What does Rebbi learn from "Torah Achas"?

(h)

Answer (Beraisa): The Torah distinguished between individuals and a multitude (a city that served idolatry b'Mezid). Individuals are stoned (a severe death), so their money is saved. An Ir ha'Nidachas is killed by the sword (a lighter death), so their money is destroyed;

1.

Suggestion: Perhaps their Korbanos are different (for Shogeg)!

2.

Rejection: "Torah Achas Yihyeh Lachem."

(i)

Question (Rav Chilkiyah): If not for this verse, a city would bring a different Korban. What would they bring?

1.

They cannot bring a bull, for the Tzibur brings this for other Mitzvos!

2.

They cannot bring a female sheep, for an individual brings this for other Mitzvos!

3.

They cannot bring a goat, for a Nasi brings this for other Mitzvos!

4.

They cannot bring a bull for an Olah and a goat for a Chatas, for the Tzibur brings this for idolatry!

5.

They cannot bring a female goat, for an individual brings this!

(j)

Answer #1: The Tzibur brings a bull for an Olah and a goat for a Chatas for a mistaken ruling. One might have thought that a city brings the reverse for idolatry.

(k)

Answer #2: One might have thought that they must bring a different Korban, but they have no solution!

1.

"Torah Achas Yihyeh Lachem la'Oseh bi'Shgagah" teaches that this is not so.

3)

AN ADDITIONAL CASE IN THE MISHNAH

(a)

Question (Levi): Why didn't the Mishnah teach a 16th case?

(b)

Rebbi: It seems that he (Levi) has no brain in his skull.

1.

Do you think that it should teach Imo Anusas Aviv (a woman who falls to Yibum to her son born out of wedlock)? R. Yehudah and Chachamim disagree about this, and the Tana does not list cases subject to dispute.

(c)

Question: R. Akiva and Chachamim argue about Chayavei Lavin and Arayos mid'Rabanan, yet a Mishnah teaches them!

(d)

Answer: In our Perek it does not teach such cases.

(e)

Question: Our Perek teaches that Beis Shamai permit the Tzaros to the brothers, and Beis Hillel forbid!

(f)

Answer: Beis Shamai is not considered a dissenting opinion against Beis Hillel (since the Halachah always follows Beis Hillel).

(g)

Question: R. Shimon and Chachamim argue about Eshes Achiv she'Lo Hayah b'Olamo (when the Yavam was born after his brother died), yet the Mishnah teaches them!

9b----------------------------------------9b

(h)

Answer: R. Shimon agrees in a case when the Yavam was born before his older brother did Yibum (and afterwards the older brother died).

(i)

Objection: R. Oshaya said that R. Shimon argues even in this case!

(j)

Answer: R. Oshaya was refuted.

(k)

Question: (A Mishnah (26a) forbids two sisters who fell to Yibum from different brothers to do Yibum. Each is Achos Zekukaso, the sister of someone awaiting Yibum with the Yavam. If a sister is Ervah to the Yavam, her sister may do Yibum. If there are two surviving brothers and each sister is an Ervah to a different brother, each is permitted to the other brother. Rav and a Beraisa recited by R. Chiya teach that this can occur for each case (of Ervah in our Mishnah, e.g. daughter-in-law. I.e. one sister is Asur to Shimon (she is his daughter-in-law) and permitted to Yehudah, and the other sister is Asur to Yehudah (his daughter-in-law) and permitted to Shimon. The sister (of the Ervah) may do Yibum or Chalitzah.

1.

Rav Yehudah applies this teaching to the Arayos starting with a mother-in-law, but not in the first six cases. This is because the case of Bito (his daughter) arises only through rape, not through marriage. (If the daughters of Shimon and Yehudah are sisters, they must have the same mother (Dinah). If Shimon married Dinah, Yehudah can marry her only if she falls to Yibum, but in our case Shimon and his daughter are alive.) We do not discuss such cases.

2.

Abaye applied it even to Bito, even though it arises only through rape.

3.

Abaye did not apply it to Eshes Achiv she'Lo Hayah b'Olamo. This is because it arises only according to R. Shimon, but not according to Chachamim, and we do not discuss disputes.

4.

Rav Safra includes Eshes Achiv she'Lo Hayah b'Olamo. The case arises with six brothers, according to R. Shimon. (This is the question against Rebbi: we must discuss disputes to apply the Beraisa's rules in all cases!)

i.

A way to remember the case is 'death, birth, Yibum; death, birth, Yibum'. (Reuven died, Shimon was born, Yisachar did Yibum to Esther (Eshes Reuven), Levi died, Yehudah was born, Zevulun did Yibum to Devorah (Eshes Levi). If Yisachar and Zevulun now die, Esther is forbidden (Eshes Achiv she'Lo Hayah b'Olamo) to Shimon but permitted to Yehudah. Devorah is forbidden to Yehudah but permitted to Shimon.)

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