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Moed Katan 5

MOED KATAN 5 - Dedicated by Gerald (Gedalia) Ziering in honor of Rabbi Elimelech Kohn, leader of the Daf Yomi shiur at Telshe Yeshiva Alumni of Riverdale, NY.

*1*) [line 3] RABIM TZERICHIN LAHEM - As cited by the RITVA: (a) "Tzerichim Lo" -- it is needed for drinking, "Einam Tzerichim Lo" -- it is not needed for drinking, but for other purposes (RASHI); (b) "Tzerichim Lo" -- it is needed immediately after the festival, "Einam Tzerichim Lo" -- it is not needed until long after the festival has passed (TOSFOS); (c) "Tzerichim Lo" -- it is needed for drinking, and the only other water available is far away, "Einam Tzerichim Lo" -- there is another supply of water nearby, but the individual person (or group) prefers to use his *own* water supply (RAMBAN).

2a) [line 5] BOROS - wells that are dug in the ground
b) [line 6] SHICHIN - elongated ditches
c) [line 6] ME'AROS - caves

3) [line 13] V'LO SHAFIN ES SIDKEIHEN - and it is prohibited to plaster over the cracks (According to the RIF, RAMBAM and ROSH, et. al. the Girsa here is *V'SHAFIN* ES SIDKEIHEN - it is *permitted* to plaster over the cracks of private wells, ditches and caves -- see Chart #1 footnote 1)

4) [line 17, 18] V'CHOTETIN OSAN...V'LO CHOTETIN L'SOCHAN - it is permitted to remove pebbles that fell inside them...(a) it is prohibited to dig deeper into them (LECHEM MISHNAH Hilchos Yom Tov 8:4); ...(b) This phrase is a qualification of V'SHAFIN ES SIDKEIHEN (see Girsa brought in previous entry) - it is prohibited to clean out *the cracks* in order to be able to plaster them properly from their origin (MIRKEVES HA'MISHNAH ibid.); (Alternatively, the notes to Dikdukei Sofrim #8 claim that the entire phrase "V'LO CHOTETIN L'SOCHAN" is a scribe's error and should be removed) - See also Insights to the Daf.

5) [line 30] L'KAVETZ - to remove thorns
6) [line 30] RECHOVOS - open places, markets
b) [line 31] ISTERATYA'OS - inter-city and intra-city roads, thoroughfares
7) [line 31] LAMUD - to measure
8) [line 32] MARGILIN - we cause to flow into it
9) [line 37] "...V'RA'AH ETZEM ADAM U'VANAH ETZLO TZIYUN..." - "[And the travelers who pass through the land,] when any of them sees a human bone, he shall set up a sign by it, [until the grave diggers have buried it in the valley of Hamon-Gog.]" (Yechezkel 39:15)

10) [line 41] GEMARA GEMIRI LAH - we know it from the tradition that Moshe received on Mount Sinai (Halachah l'Moshe mi'Sinai)

11) [line 43] "...V'TAMEI TAMEI YIKRA." - "[And the Tzaru'a in whom the disease is, his clothes shall be torn, and his head bare, and he shall put a cover upon his upper lip,] and shall cry, 'Unclean, unclean.'" (Vayikra 13:45)

12) [line 44] PEROSH! - stay away!
13) [line 48] "V'AMAR, SOLU SOLU, PANU DERECH; [HARIMU MICHSHOL MI'DERECH AMI.]" - "And he (the one who trusts in Me) shall say, 'Pave, pave, prepare the way, [take away the obstacle from My people's road.]'" (Yeshayah 57:14)

14) [line 50] "V'HIZARTEM ES BENEI YISRAEL MI'TUM'ASAM..." - "Thus shall you separate the people of Israel from their uncleanness; [that they do not die because of their uncleanness, when they defile My Tabernacle that is among them.]" (Vayikra 15:31)

15) [line 51] "U'SHMARTEM ES MISHMARTI..." - "Therefore shall you keep My ordinance...that not defile yourselves; I am HaSh-m your G-d." (Vayikra 18:30)

16) [line 52] "...V'SAM DERECH AR'ENU B'YESHA ELO-KIM" - "[Whoever offers praise glorifies Me;] and to one who orders his way aright I will show the salvation of HaSh-m." (Tehilim 50:23)

17) [line 52] HA'SHAM ORCHOSAV - who evaluates the paths of his life
18) [line 53] BI'YSHU'ASO SHEL HA'KADOSH BARUCH HU - (a) the salvation [of Benei Yisrael by] HaSh-m (RITVA, 1st explanation); (b) the salvation of HaSh- m. Since HaSh-m includes Himself, kev'Yachol, in the suffering of Klal Yisrael, as it states, "Imo Anochi v'Tzarah" (Tehilim 91:15), the salvation of Yisrael also brings with it the salvation of HaSh-m, as it states, "u'Lechah li'Yshu'asah Lanu" (Tehilim 80:3) (RITVA, 2nd explanation)

19) [last line] B'SHABSA D'RIGLA - on the Shabbos preceding the festival, when the Sages taught the laws pertaining to the festival


20) [line 2] K'ZAYIS MIN HA'MES
(a) A k'Zayis of the flesh of a *Mes* (corpse) is an "Avi Avos ha'Tumah" and is Metamei through Maga (contact), Masa (carrying), and Ohel (being in the same room - see below, entry #22). If a person becomes Tamei by touching a *Mes*, he must wait seven days to go to the Mikvah. Furthermore, on the third and seventh days he must have Mei Chatas (water mixed with ashes of the Parah Adumah) sprinkled on him.
(b) Our Gemara quotes the Tosefta (Shekalim 1:1) that states that one does not have to mark the location where a k'Zayis of a corpse is buried.

(a) The bones of a Mes are only Metamei through *Ohel* under one of three conditions: 1. they constitute a quarter of a Kav (Rova Ha'kav); 2. they are the majority of the human body (whether they are the majority of the *build* (Rov Binyano) of the body or the majority of the *number* (Rov Minyano) of 248 bones; 3. the bone is a complete skull or a complete spinal column.
(b) In order to be Metamei through Maga and Masa, it is enough for the bone to be the size of a Se'orah (grain of barley).

(a) An object that covers a space of a Tefach by a Tefach square and a Tefach high is considered to be an "Ohel." If a k'Zayis from the flesh of a corpse is under an Ohel, its Tum'ah spreads out to fill the entire area under the Ohel. This is what is meant by the statement that an Ohel is *Mevi* Tum'ah (*spreads* Tum'ah under it).
(b) Tum'ah that is under an Ohel does not rise above the Ohel, because the Ohel stops the Tum'ah and protects anything that is above it from becoming Tamei. This is what is meant by the statement that an Ohel is *Chotzetz* Mipnei ha'Tum'ah (*intervenes* between the Tum'ah and what is above the Ohel, preventing Tum'ah from spreading above the Ohel).
(c) However, not all objects that cover Tum'ah are Mevi and Chotzetz. There are objects which are Mevi and not Chotzetz and other objects which are Chotzetz and not Mevi and even others that are neither Mevi nor Chotzetz (see the Mishnah Ohalos 8:5).

23) [line 4] SHIDRAH - the spinal column
24) [line 5] GULGOLES - the skull
25) [line 5] ROV MINYAN/ROV BINYAN - see above, entry #21

26a) [line 7] SECHACHOS - (a) a tree with protruding branches located near a cemetery. Since the area is somewhat private and is near a cemetery, there exists the possibility that a passerby may have buried a corpse under it, so it is Metamei b'Ohel out of doubt; (b) a tree containing a branch under which a corpse was buried; however, it is not known under which branch, and there are intervening spaces between the branches. All of the branches of such a tree are Metamei b'Ohel, out of doubt. (Both of these first two explanations appear in RASHI on this Amud, and in Rashi Nidah 57a.) (c) a tree containing a branch under which a corpse was buried, and it *is* known under which branch. The Rabanan declared Tum'ah on anyone walking under the other branches of the tree although there are intervening spaces between the branches and Tum'ah d'Oraisa therefore cannot spread from one to the next. (RASH Ohalos 8:2)
b) [line 7] PERA'OS - stones protruding from a fence located near a cemetery (see previous entry)

27) [line 8] BEIS HA'PERAS (a) Beis ha'Peras is a general term referring to a field or area which the Rabanan decreed to be treated as though it were Tamei, in certain respects. The Mishnayos in Ohalos (18:1-4) explain that there are three specific types of Beis ha'Peras:

1. A field in which a grave was plowed over, scattering the bones in all directions. Such a field may be planted with trees, but not with vegetables or grains. Its earth can make a person Tamei through Maga or Masa
2. A field (which is a Reshus ha'Rabim; TOSFOS Kesuvos 24b; RASH Ohalos 18:3) in which a grave is known to exist but it became lost and cannot be located. In such a field, trees may not be planted but vegetables or grains may be planted. It can make a person Tamei through Ohel (and according to some Girsa'os, through Maga and Masa as well).
3. A field on the edge of a town where a corpse was brought [and mourned] before burial. Such a field may neither be planted nor sown with vegetables or grains (but its earth is not Tamei if removed from its place). There are a number of reasons why the Rabanan might have made such a field Tamei:
i. Part of a corpse may have become dislodged and fallen there (RASHI DH Mishum Ye'ush) [or that an entire corpse may have inadvertently been left behind there - ME'IRI].
ii. Alternatively, since a corpse is commonly found there, the Rabanan instituted that the area not be sown or planted, so as not to attract people to the area who will become Tamei and spread Tum'ah. (PERUSH HA'MISHNAH of the Rambam, 18:4)
iii. The prohibition against planting or sowing such a field has nothing to do with Tum'ah whatsoever. Rather, it involves a question of ownership. Since the community has made it their practice to mourn for and eulogize the dead in this field and the original owner did not protest this practice, he loses all rights to the land. The former owner cannot later decide to plant the field and deny the community the right to use it as a place for public mourning. (RITVA, RASH Ohalos 18:4 and many Rishonim -- see Vilna Gaon Choshen Mishpat 377:2)
(b) The Bartenura offers three explanations as to why the word "Peras" was used to describe these fields: 1. Tum'ah *spreads* (Pores) out in all directions from the field; 2. Bones that are *broken* (Perusim) are strewn in the field. (These first two explanations only apply to the first of the three types of Beis ha'Peras mentioned above, (a).); 3. People's *feet* (Parsos) stay away from the area because of its Tum'ah.
(c) In the first type of Beis ha'Peras (a field with a burial plot that has been plowed), the Rabanan decreed that the field is Metamei in every direction from the grave for the length of the furrow of a plow, which is 50 Amos. This results in an area 100 Amos by 100 Amos around the grave (RASH Ohalos 17:1). The Rabanan instituted a way to remove the Tum'ah from the area that was plowed (in certain cases )by blowing the dirt of each section of the field to check for small pieces of bone.
28) [line 21] MELO MA'ANAH, ME'AH AMAH - the length of the furrow of a plow (50 Amos) in each direction, a total of approximately 100 Amos by 100 Amos around the grave (RASH Ohalos 17:1)

29) [line 23] MENAPE'ACH ADAM - a person blows
30) [line 25] SHE'NIDASH - that was trampled
31) [line 31] SHE'MAFTIRIN - (a) where they (the pall bearers) *take leave* [of the dead body, passing it over to the inhabitants of the town in which it will be buried] (RASHI); (b) where they *eulogize* [the deceased] (RASH Ohalos 18:4, cited by the MAHARATZ CHIYOS)

32a) [line 42] ILANOS MI'GAVAI - the trees are on the inside
b) [last line] V'KEVER MI'BARAI - and the grave is outside [the grove of trees]

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