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Previous daf Nedarim 36
NEDARIM 36 - dedicated anonymously in honor of Kollel Iyun Hadaf, and in
honor of those who study the Dafyomi around the world.
|The numbers that appear next to certain entries represent the number
assigned to those items in the diagram of the Beis ha'Mikdash of the Tiferes
Yisrael (e.g. TY #43). This diagram, which will be included in a separate
mailing and can be found on our site, is printed both in the Tiferes Yisrael
Mishnayos (in Midos Chapter 2 or following Midos) and in Rav P. Kahati's
Mishnayos (page 290, at the beginning of Midos).
1) [line 2] DAM CHATASO SHEL METZORA V'DAM ASHAMOS SHEL METZORA
(a) THE PROCESS BY WHICH A METZORA BECOMES TAMEI - When a person develops a
mark that looks like Tzara'as, a Kohen must ascertain whether or not it is a
Nega Tzara'as. If it is indeed a Nega Tzara'as, the Kohen tentatively
pronounces him Tamei for one week, making him a Metzora Musgar (Hesger
Rishon). The Kohen returns after a week to see what changes, if any,
occurred to the mark. If there are no changes, the person remains a Metzora
Musgar (Hesger Sheni) and the Kohen returns after the second week. If there
are still no changes the Kohen pronounces the person to be Tahor. If the
Kohen *confirms* the Tum'ah of the Metzora due to the appearance of Simanei
Tum'ah in the mark, the Kohen pronounces him a Metzora Muchlat. A Metzora
Muchlat remains Tamei until his Simanei Tum'ah go away.
(b) The names and colors of four types of marks that make a person a Metzora
are 1. Baheres, which is the color of snow; 2. Se'es, which is the color of
clean, white newborn lamb's wool; 3. Sapachas of Baheres, which is the color
of the plaster used to whitewash the Beis ha'Mikdash; 4. Sapachas of Se'es,
which is the color of the white membrane found on the inside of an egg.
(c) The Simanei Tum'ah for marks that appear on the skin (Nig'ei Basar) are:
1. the mark spreads (Pisyon); 2. at least two white hairs (Se'ar Lavan) grow
inside the mark *after* the Nega Tzara'as appears; or 3. a patch of healthy
skin (Michyah) appears in the middle of the Nega.
(d) THE PROCESS BY WHICH A METZORA BECOMES TAHOR - On the day that a Metzora
is healed from his Tzara'as, he takes two kosher birds (Tziporei Metzora), a
piece of cedar, some crimson wool and a hyssop branch. One of the birds is
slaughtered over fresh spring water in a clay bowl. A Kohen dips the other
bird, along with the other articles, into the spring water that is mixed
with the blood and sprinkles it seven times on the Metzora. The living bird
is sent away towards the fields. Both birds are Asur b'Hana'ah, but the Isur
is removed from the living bird after it is sent off to the fields.
(e) The Metzora next shaves all places on his body that have a collection of
hair and that are exposed, and immerses in a Mikvah. He is now considered
Tahor to the extent that he may enter a settlement, but marital relations
are forbidden (Mo'ed Katan 7b). He waits seven days, and on the seventh day
he once more shaves and immerses. He is now completely Tahor but is still a
Mechusar Kaparah (see Background to Nedarim 35:9).
(f) On the eighth day, the Metzora must bring Korbanos to complete his
Taharah. The animals Korbanos are two male sheep and one female sheep. One
of the male sheep is offered as an Olah, the other as an *Asham*. The female
sheep is offered as a *Chatas*. If he could not afford to buy all these
animals, he is called a poor Metzora. The poor Metzora brings two
turtledoves or two common doves as the Olah and the Chatas; however, a sheep
is still brought as his Asham.
(g) The Metzora also brings a Log of olive oil to the Beis ha'Mikdash as
part of his purification process. A Kohen lifts up and waves (Tenufah) the
live Korban Asham with the Log of oil resting upon it. After the Asham is
slaughtered, some of the blood is placed on the body of the Metzora: on the
middle section of cartilage of the Metzora's right ear, on his right thumb
and on his right big toe. These parts of his body must be in the Azarah at
the time that the Kohen applies the blood. For this purpose he stands in the
gate of Nikanor (TY #18; the eastern gate of the Azarah, named for the man
who donated the brass doors of the gate (see Yoma 38). Although all of the
other gates of the Azarah had the Kedushah of the Azarah, Sha'ar Nikanor
only had the Kedushah of Har ha'Bayis. The Chachamim arranged this so that
the Metzora could stick his head, right hand and right foot into the Azarah
while standing under the awning of the gate.
(h) After all of the Korbanos were offered, a Kohen pours some of the oil in
his left hand and sprinkles it seven times towards the Kodesh ha'Kodashim.
He must dip his right finger in the oil each time. Oil is also put on the
body of the Metzora, on the places where the blood of the Asham was placed.
The remainder of the oil in the Kohen's hand is placed on the Metzora's
head. The rest of the Log which was not poured into the Kohen's hand was
given to the Kohanim, and must be consumed by male Kohanim in the Azarah (it
is one of the Kodshei Kodashim). (RAMBAM Hilchos Mechusarei Kaparah 4:2-3)
2a) [line 5] SHE'PIGLU - the Kohen disqualified the sacrifice through a
b) [line 5] SHE'PIGLU (PIGUL)
(a) A sacrifice that was slaughtered with the intention of eating it or
offering it after its allotted time becomes disqualified. It is forbidden to
eat from such a Korban as it states in Vayikra (7:18), "v'Im He'achol
Ye'achel mi'Besar Zevach Shelamav ba'Yom ha'Shelishi Lo Yeratzeh, ha'Makriv
Oso Lo Yechashev Lo, *Pigul* Yiheyeh." - "If [the person bringing the
offering plans] to eat it on the third day, [the sacrifice] will not be
accepted. It is considered Pigul (putrid, rejected) and it will not be
counted in his favor."
(b) If a person eats Pigul intentionally he is Chayav Kares. If he eats it
unintentionally he must bring a Korban Chatas (SEFER HA'CHINUCH Mitzvah
144). If a person eats the blood of a Korban that is Pigul, he does not
transgress this prohibition.
3) [line 9] SHELICHA SHEVISICH L'SAKUNEI V'LO L'AVUSEI - I made you my agent
to benefit [me] and not to cause [me] a loss
4) [line 11] "LO YECHASHEV LO" - "[the sacrifice] will not be accepted."
5) [line 17] CHATAS CHELEV - a Chatas that is brought for eating forbidden
(a) Chelev refers to the fat of an animal that is offered on the Mizbe'ach.
It consists of the layer of fat covering the stomachs, all the other fat
attached to the stomachs, and the fat on the kidneys along the flanks
(b) It is forbidden to eat the Chelev of a Kosher Behemah (domesticated
animal), but it may be used for any other purpose. The Chelev of a Chayah (a
Kosher wild animal), however, may even be eaten. "Shuman" refers to all the
other fat of an animal that is permitted.
(c) If a person eats Chelev b'Mezid (intentionally), he is Chayav Kares;
b'Shogeg (unintentionally) he must bring a Korban Chatas, as in the Shogeg
of all other sins that one is liable to Kares b'Mezid. The Korban Chatas is
a female goat or sheep. If a person is in doubt whether the fat he ate was
Chelev or Shuman, he must bring a Korban Asham Taluy.
(d) All normal Chata'os are called Chatas Chelev since the Torah discusses
them after teaching us the prohibition of Chelev (forbidden fats) (RASHI to
Sotah 15a DH CHATAS CHELEV). Alternatively, normal Chata'os are called
Chatas Chelev since most Chata'os are brought for sinning with items which
are commonly found in the house like Chelev.
6) [line 22] NISHTAFEH - he regained his senses
7) [line 26] "SEH L'VEIS AVOS" LAV D'ORAISA (KORBAN PESACH)
(a) It is a Mitzvah for all Jews to offer a Korban Pesach on the fourteenth
of Nisan in the afternoon, as it states in the Torah (Shemos 12:6), "and the
whole assembly of the congregation of Yisrael shall slaughter it towards
evening." The Pesach is an unblemished male lamb or goat within its first
year that is roasted in its entirety.
(b) An adult (who was Tahor and was not far from the Beis ha'Mikdash on the
fourteenth of Nisan) who willfully did not offer the Korban Pesach is liable
to the Kares punishment.
(c) In order to eat from the Korban Pesach, a person must be "appointed" to
the Korban before it is slaughtered. This appointment is called "Minuy."
Each Pesach must have appointed to it people who are able to eat at least a
k'Zayis of the meat on the night of the fifteenth of Nisan. The Korban is
sacrificed in the name of all the people who were appointed for that
specific Pesach animal. The people appointed to the Pesach then eat at least
a k'Zayis of the Pesach together in a "Chaburah." (Some Tana'im maintain
that a single Pesach may be split into many Chaburos eating in different
places -- Pesachim 86a.) No bones of the Pesach are allowed to be broken
(d) The verses limit the people who are permitted to eat the Korban Pesach.
Nochrim, people who are Tamei and men who are uncircumcised are prohibited
from eating the Korban Pesach (Shemos 12:43-44).
(e) The Gemara (Pesachim 88a) states that a person may feed his Korban
Pesach to his son and daughter who are Ketanim (minors), and to his Eved
Kena'ani and Shifchah Kena'anis. This applies even if they are not aware of
his Korban or if they do not wish to be appointed to his Korban (but to a
different Korban). The Beraisa learns this from the words "Seh l'Veis Avos"
("a lamb for each father's household"), or "Seh la'Bayis" (a lamb for each
household). Rebbi Zeira teaches that this Halachah is a Rabbinic
institution. The Rishonim argue with regard to the original Halachah
mid'Oraisa, before the Rabbinical institution. According to TOSFOS (Pesachim
88a DH She la'Bayis), a Katan cannot be appointed to any Korban Pesach
mid'Oraisa. The Rabanan instituted that a father should feed his children
from his Korban Pesach because of the Mitzvah of Chinuch. According to the
RAN and ROSH on our Daf, any Katan may eat (and be fed) from any Korban
Pesach, even if he has not been appointed to eat from it, since he does not
need a Minuy. The Rabanan instituted that he should only eat from his
father's Korban Pesach.
8) [line 31] AL BISRA KAI, U'MEZAKEI LEHU? - He is standing next to a piece
of meat (a slaughtered Korban) and [will you say that] he awards them
(appoints them to) a portion of the Korban Pesach? (the ownership of the
Korban must be determined before it is slaughtered)
9) [last line] SHEFALIM - lax
10) [line 6] HA'KRI - the heap of grain
11a) [line 18] TOVAS HANA'AH SHEL MI? - Who has the right to choose the
Kohen to whom the Terumah will be given?
b) [line 18] TOVAS HANA'AH
(a) The words "Tovas Hana'ah" denote the trivial benefit (in terms of
pleasure or compensation) that a person receives in return for giving away
an object or goods to which he has only very limited rights.
(b) A common example of this is selecting a particular individual to be the
recipient of a gift that he is obligated to bestow to others. For example,
Terumah must be given to a Kohen, and Ma'aser to a Levi. The Tovas Hana'ah
of a Yisrael who separates Terumah or Ma'aser from his produce is the right
to give the Terumah or Ma'aser to the Kohen or Levi of his choice.
(c) Another example is selling an object to which one will not have full
rights until a later date, or to which one may never gain full rights. For
example, a woman only receives a Kesuvah from her husband if the husband
dies before her or divorces her. She may sell her rights to collect the
Kesuvah for Tovas Hana'ah. Since the possibility exists the she will die
before her husband and the purchaser will not receive the Kesuvah, the Tovas
Hana'ah of the Kesuvah is worth much less than the Kesuvah itself.
12) [line 29] CHOMESH
When a person dedicates an item to Hekdesh, if he redeems it himself he has
to add an additional *fifth* (of the ensuing total, or a *quarter* of the
original value). For example, if the object is worth 50 Sela'im, he has to
redeem it for 62.5. If another person redeems it from Hekdesh, he does not
have to add a Chomesh.
13) [line 29] TEMURAH
(a) The Torah states, "Do not try to transfer or exchange it (an animal that
has been designated as a Korban) [for another animal], neither a good animal
for a bad one nor a bad one for a good one. If you do exchange an animal [of
Kodesh] for another animal [that is not], both the original animal and the
one given in exchange for it, will be Kodesh." (Vayikra 27:10). The Chinuch
explains that the reason for the prohibition of Temurah is to teach us the
proper reverence that we must have for objects of Kedushah (SEFER HA'CHINUCH
(b) The second animal, or the Temurah, is a valid Korban, and if it has no
Mum (blemish that invalidates it), it must also be offered on the Mizbe'ach
(unless the original Korban was a Chatas or an Asham).
(c) A person who intentionally makes a Temurah receives Malkos (lashes).
Sometimes, even if a person makes a Temurah b'Shogeg (unintentionally), he
receives Malkos (see Chart to Temurah 17a).
14) [last line] MAI PASKA? - Why did the Tana of the Beraisa write it