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Bava Kama 25

BAVA KAMA 25 - sponsored by Hillel Yakov Kagan in honor of the day of his wedding to Elisheva Tzipora (Lawrence), Sunday 30 Av 5761. We wish you much Mazel and Berachah -- may you merit to build a Bayis Ne'eman b'Yisrael together!

1) [line 8] MI'DIN KAL VA'CHOMER
(a) In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is called a Kal va'Chomer (an argument a fortiori, also known as "Din" in the language of the Gemara), by which a Halachic inference is made from a Halachah of lesser consequence to a Halachah of greater consequence, or vice versa.
(b) Unlike a Gezeirah Shavah (see below, entry #19), the Kal va'Chomer inference need not be received as a tradition from one's teacher, since it is based upon logic. And unlike a Hekesh (see Background to Gitin 41:12), it can be refuted based on logical grounds.

2) [line 9] "V'AVIHA YAROK YARAK B'FANEHA, HA'LO SIKALEM SHIV'AS YAMIM..." - "And HaSh-m said to Moshe, 'If her father had but spit in her face, should she not be ashamed seven days? [Let her be shut out from the camp for seven days, and after that let her be received in again.']" (Bamidbar 12:14)

3) [line 10] KAL VA'CHOMER LA'SHECHINAH ARBA'AH ASAR YOM - it stands to reason that for a disgrace received from HaSh-m she should be ashamed for double the time of the shame that she feels for her father's disgrace, i.e. fourteen days (see Insights)

4) [line 11] DAYO LA'BA MIN HA'DIN LIHEYOS KA'NIDON - it is sufficient to give the Halachah learned from a Kal va'Chomer the exact status of the Halachah from which it was learned.

5) [line 12] HEICHA D'MAFRICH KAL VA'CHOMER - where -- if we invoke the rule of Dayo (see previous entry) -- we will remain without learning anything from the Kal va'Chomer

6) [line 15] APIK SHIV'AH V'UKI SHIV'AH - it (the rule of Dayo) takes off seven [days] and leaves (lit. lets stand) seven [days]

A man who has emitted Keri (semen) becomes a Rishon l'Tum'ah. He may not enter the Machaneh Leviyah (i.e. the Temple Mount), nor may he eat Ma'aser, Terumah or Kodshim. After he immerses in a Mikvah during the day, he becomes Tahor and may eat Ma'aser and enter Machaneh Leviyah once again (mid'Oraisa -- the Rabanan however prohibited him from entering the Ezras Nashim (TY #10) until nightfall). He remains a "Tevul Yom" until nightfall, after which he may once again eat Terumah or Kodshim.

8a) [line 28] MAGA - contact
b) [line] MASA - carrying
9) [line 40] TZICHTZUCHEI ZIVAH - a dilution of Zivah


10a) [line 1] ZOVO SHEL ZAV - the Zov of a Zav (see Background to Bava Kama 24:5)
b) [line 1] ROKO - his saliva
c) [line 1] SHICHVAS ZAR'O - his semen
d) [line 1] MEIMEI RAGLAV - his urine

11) [line 2] DAM HA'NIDAH - the blood of a Nidah (see Background to Kidushin 80:2b)

(a) The Zov of a Zav, the semen of any person, the blood of a Nidah, Zavah and Yoledes, and the saliva and urine of a Zav, Zavah, Nidah and Yoledes, are all Avos ha'Tumah and are Metamei people and vessels mid'Oraisa.
(b) The Mishnayos (Kelim 1:1, 3) distinguish between the semen of a Zav, which is Metamei through Maga (contact) *and* Masa (carrying) and that of all others, which is only Metamei through Maga.

13a) [line 8] MAPATZ - a mat woven from reeds
b) [line 8] MAPATZ B'MES MINAYIN? - From where do we learn that a Mapatz can become Tamei (for seven days -- see next entry) with Tum'as Mes?

14) [line 8] MES (TUM'AS 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 (lit. tent). An Ohel is defined as a covered space that is at least one Tefach in length, width and height). If a person becomes Tamei by touching Tum'as Mes or being in the same room as a Mes or something that is Metamei b'Ohel, 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 -- see Background to Kidushin 62:9) sprinkled on him.
(b) In an Ohel ha'Mes, the house or room becomes Tamei even if the Mes is passing through it and does not stop moving. A person who enters an Ohel ha'Mes becomes Tamei even if only a bit of his body enters, even when entering backwards. A Mechitzah (partition) in an Ohel ha'Mes only prevents the spread of Tum'ah if it reaches the ceiling. (RASH to Keilim 1:4)

15) [line 8] PACHIN KETANIM - small earthenware utensils (TUM'AS KELEI CHERES)
(a) *Klei Cheres* are clay and earthenware utensils. They only become Tamei when Tum'ah enters them (even though it does not touch them). Therefore, when they are covered with a Tzamid Pesil (a tight seal) they cannot become Tamei even if they are in the Ohel of a Mes, as is stated in Bamidbar 19:15. If they do become Tamei, they make any object that enters them Tamei, even if the object did not touch their inside surface.
(b) If the clay and earthenware utensils become Tamei, they remain so until they are broken beyond use. Immersing them in a Mikvah does not change their status.
(c) If the mouth of the utensil is so small that a person cannot insert his finger into it, it has no possibility of becoming Tamei through a Zav. However, these utensils can become Tamei in the Ohel of a Mes, as long as they do not have a Tzamid Pasil to entirely seal them. Similarly, they can become Tamei if they come into contact with a k'Adashah of a Sheretz (see below, entry #18).

16a) [line 11] TUM'AS EREV - Tum'ah that lasts until nightfall. During the day the person who is Tamei immerses in a Mikvah and then waits for nightfall to become completely Tahor
b) [line 11] TUM'AS SHIV'AH - Tum'ah that lasts for seven days (see above, entry #14)

17) [line 13] KEVAR RAMA NIHALEI ... - he already posed the same question [to Abaye]

18) [line 15] SHERETZ (TUM'AS SHERETZ)
A Sheretz (a crawling pest; vermin -- see Background to Shabbos 107:5), even if it is only the size of an Adashah (lentil bean), is an Av ha'Tum'ah. It makes a person or object Tamei through Maga (contact), whether the Sheretz was touched willingly or unwillingly. The person who becomes Tamei by touching a Sheretz may not eat Terumah or Kodshim. However, he can immediately immerse in a Mikvah. After nightfall he becomes Tahor and may eat Terumah or Kodshim.

(a) In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is Gezeirah Shavah, which is a Halachic device by which two similar words in the Torah from different subjects teach that laws from one subject apply to the other.
(b) A sage is only permitted to use the method of Gezeirah Shavah if he received a tradition from his teachers that a Gezeirah Shavah exists between the two words. However, the comparison that he makes regarding *which* laws are applied from one subject to the other may be his own, if he did not learn it directly from his teachers.
(c) MUFNEH MI'SHENEI TZEDADIM - If two similar words in the Torah are free of any Derashah, they may be used unconditionally for the inference of a Gezeirah Shavah between the two topics.
(d) MUFNEH MI'TZAD ECHAD - If only one of the words is free, there is a Machlokes whether they may be used unconditionally for the inference of a Gezeirah Shavah (Lemedin v'Ein Meshivin), or if they can only be used for a Gezeirah Shavah if we have no logical argument against learning the Gezeirah Shavah (Lemedin u'Meshivin).
(e) EINO MUFNEH KOL IKAR - If both words are used for another Derashah, there is a Machlokes whether they can only be used for a Gezeirah Shavah if we have no logical argument not to learn the Gezeirah Shavah, or if they cannot be used at all for a Gezeirah Shavah.

20) [line 24] K'ADASHAH - an amount the size of a lentil bean (see above, entry #18)

21) [line 25] LAI, AFNUYEI MUFNEH - indeed, they (the words "Beged" and "Or") are certainly free (for inferring a Gezerah Shavah)

22) [line 26] SHICHVAS ZERA - semen

23a) [line 40] DUN MINAH V'UKI B'ASRAH
Judge from it but place the deduction in its own context, i.e. let the case deduced by analogy be regulated by the rules that are appropriate to that case itself. In the case discussed in our Gemara, the result would be that Mapatz would be Tamei for *seven* days.

b) [line 41] DUN MINAH U'MINAH
Judge from it and [entirely] from it, i.e. an analogy must be carried through so that the case deduced agrees throughout with the case from which the deduction was made. In the case discussed in our Gemara, the result would be that Mapatz would be Tamei only until nightfall.

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