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Horayos 2

HORAYOS 2 (27 Iyar) - Dedicated by Gitle Bekelnitzky in honor of the fifth Yahrzeit of her father, Zev ben Ephraim v'Chaya Krause

1) [line 1] HORU BEIS DIN LA'AVOR AL ACHAS MI'KOL MITZVOS HA'AMUROS BA'TORAH - Beis Din (specifically, the Sanhedrin) ruled [to permit the Jewish People] to transgress one of the Mitzvos written in the Torah (PAR HE'ELEM DAVAR)
(a) The Sanhedrin (the Jewish Supreme Court) is obligated to bring a Korban in the following instance. If they issued a mistaken ruling permitting an act that carries a Chiyuv Kares, instructed the Jewish people to act according to their ruling and the people in Eretz Yisrael (the majority of the people or the majority of the tribes) conducted themselves based upon this ruling. The sages bring twelve young bulls as Korbenos Chatas, one on behalf of each of the tribes. The people are exempt, since they relied upon the Beis Din ha'Gadol. If the sin committed was idolatry, the sages bring young bulls as Korbenos Olah and goats as Korbenos Chatas, one of each for each tribe. Each of these bulls is called a Par He'elem Davar Shel Tzibur (RAMBAM Hilchos Shegagos 12:1).
(b) The blood of these bulls is sprinkled seven times on the Paroches, and is applied to the Keranos (raised corners) of the Mizbe'ach ha'Ketores in the Heichal. The Sheyarei ha'Dam (the remainder of the blood) is poured on the Western Yesod (foundation) of the Mizbe'ach while the Eimurim are offered on the Mizbe'ach ha'Chitzon.
(c) The remains of the bulls (including the meat and parts that are not sacrificed) are burned outside of the city of Yerushalayim (Vayikra 4:13-21, Bamidbar 15:22-26). Those who carry the carcass out of the Azarah are Metamei Begadim. (According to Rebbi Shimon, Yoma 67b, those who are involved in burning the meat are Metamei Begadim.)

2) [line 5] PATUR - he is exempt [from offering a Korban Chatas] (KORBAN CHATAS)
(a) If a person transgresses a sin b'Shogeg (unintentionally) for which he is liable to Kares b'Mezid (intentionally), he is liable to bring a Korban Chatas. The Korban Chatas is a female goat or sheep. Since it is one of the Kodshei Kodashim (the highest sanctity of sacrifices), it may only be slaughtered in the northern part of the Azarah. Before its slaughter, the owner presses his hands on the head of the animal (Semichah) and confesses his sin.
(b) The offering of the Chatas Behemah consists of five procedures:

1. SHECHITAH - Standing on the floor of the Azarah north of the Mizbe'ach, the Kohen slaughters the animal, making sure to cut two Simanim (the trachea and the esophagus).
2. KABALAS HA'DAM - A Kohen catches the life-blood of the animal in a utensil. The Eimurim (the fats and other parts of the Korban that are burned on the Mizbe'ach) are removed from the animal.
3. HOLACHAH - The Kohen walks with the blood up to the top of the Mizbe'ach.
4. NESINAS HA'DAM - Using his finger, the Kohen applies some of the blood to each of the four Keranos of the Mizbe'ach.
5. HAKTARAS HA'EIMURIM - The Eimurim are cast into the fire on the Mizbe'ach.
(c) The Kohanim eat the rest of the Chatas Behemah in the Azarah.
(d) When a Korban Par He'elem Davar is brought, the individuals who sinned are exempt from offering a Korban Chatas.

3) [line 6] TALMID V'HU RA'UY L'HORA'AH - a student [of the Torah sages] who is fit to rule in Halachic matters

4) [line14] MUTARIM ATEM LA'ASOS - you are permitted to perform [this action, i.e this transgression]

5) [line 16] CHAZAR L'IRO - when he (the Zaken Mamrei) returned to his city (ZAKEN MAMREI)
(a) A Zaken Mamrei is a Torah Sage who argues against and defies the ruling of the Great Sanhedrin of 71 judges of the Lishkas ha'Gazis in Yerushalayim, with regard to a practical Halachic decision. The Torah states, "veha'Ish Asher Ya'aseh v'Zadon l'Vilti Shemo'a El ha'Kohen... O El ha'Shofet, u'Mes ha'Ish ha'Hu..." - "And the man who will act presumptuously, and will not listen to the Kohen... or to the judge, that man shall die..." (Devarim 17:12).
(b) Chazal received the tradition that a Sage does not become a Zaken Mamrei unless the following conditions are met:

1. He is one of the outstanding Torah Sages of his time, authorized to judge and to teach Halachic matters.
2. He was involved in a dispute with other Sages in a Halachic matter, and they brought the case to the Great Sanhedrin for judgment.
3. The Sanhedrin ruled against him, but he nevertheless returned to his city and obstinately continued to rule according to his own opinion.
(c) If these three conditions are fulfilled after having received the proper warnings, he is termed a Zaken Mamrei and is put to death by Chenek (choking). His sentence is carried out in Yerushalayim when Benei Yisrael come for Aliyah la'Regel, on the next holiday, to fulfill the verse, "v'Chol Yisrael Yishme'u v'Yira'u, v'Lo Yezidun Od." - "And all the people of Yisrael shall hear, and fear, and do no more presumptuously [inspired acts]." (ibid. 17:13)

(a) The Chachamim instituted that a woman can remarry even if only one witness testifies that her husband has died. Although the Torah requires two witnesses for such testimony, the Rabanan allowed a woman to remarry based on the testimony of even a single witness, even if the witness is a woman or slave. The reason for this is, it is assumed that the woman would take care to determine that her husband is truly dead before remarrying, out of fear of the consequences of her husband's return. (If her husband is found to be alive, she loses not only her original husband and the new husband, but her Kesuvah and other benefits as well.)
(b) If the woman remarries according to the enactment of Beis Din and her husband does return, she is not required to offer a Korban Chatas. However, if she has relations out of wedlock and her husband returns, she must bring a Korban Chatas to achieve atonement.

7) [line 18] KILKELAH - she committed Zenus (extramarital relations)

(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 (Vayikra 3:4). The verse states, "Chukas Olam l'Doroseichem b'Chol Moshevoseichem, Kol Chelev v'Chol Dam Lo Socheilu." - "It shall be an everlasting statute for your generations throughout all your settlements, that you eat neither [forbidden] fat nor blood." (Vayikra 3:17).
(b) It is forbidden to eat the Chelev of a Kosher Behemah (farm animal), but it may be used for any other purpose. The Chelev of a Chayah (a Kosher non-farm animal), however, may even be eaten. "Shuman" refers to all the other fat of an animal that is permitted.
(c) If a person eats a k'Zayis of Chelev b'Mezid (intentionally) after Hasra'ah (being forewarned), he is punished with Malkus (lashes). If he was not given Hasra'ah, he is Chayav Kares. If he sinned b'Shogeg (unintentionally) he must bring a Korban Chatas (as with all sins for which one is liable to Kares b'Mezid). If a person is in doubt whether the fat he ate was Chelev or Shuman, he must bring a Korban Asham Taluy (see Background to Bava Kama 110:23:4).

b) [line 35] SHUMAN - [permitted] fat (see previous entry)

9) [line 43] "ME'AM HA'ARETZ BA'ASOSAH" - "[And if anyone] of the common people sin unintentionally,] by committing [a transgression...]" (Vayikra 4:27)

10) [line 44] "ASHER LO SE'ASENAH V'ASHEM. O HODA..." - "[...a transgression against any one of the commandments of HaSh-m concerning things] that may not be done, and he becomes guilty. [When his transgression] becomes known to him..." (Vayikra 4:27-28) - These phrases are subsequent to the phrase quoted in the previous entry.

11) [line 45] SHAV MI'YEDI'ASO - one who would abstain and separate himself from a transgression in the first place, had he known that it was prohibited (RASHI to Chulin 5b)

12) [line 46] D'CHI MIS'YADA LEHU L'VEI DINA HADREI VEHU - when it becomes known to Beis Din, they reverse their ruling

13) [line 47] SHE'EINO MASHLIM L'ROV TZIBUR - that he (the person who intended to eat Shuman but his Shuman was switched with Chelev, after the Sanhedrin ruled that Chelev is permitted) does not supplement the count of the people who sinned to achieve the required majority to create an obligation for a Par He'elem Davar (e.g. when half of the people sinned and half did not)

14) [line 47] AD SHE'YEHU KULAN BI'SHEGAGAH ACHAS - until all of them (all of those who sinned) committed the same type of unintentional sin

15) [last line] LO ZO AF ZO KATANI - not only this (the more obvious case) but even this (the less obvious case) is taught


16) [line 1] ZO V'EIN TZARICH LOMAR ZO KATANI - this (the less obvious case) and it goes without saying that this (the more obvious case) is taught

17) [line 13] "BA'ASOSAH ACHAS" - "by committing [a transgression against any] one [of the commandments of HaSh-m]" (Vayikra 4:27) - The Gemara understands that this Beraisa teaches that whenever an individual sins by listening to the ruling of the Sanhedrin, he is exempt from bringing a Korban.

18) [line20] V'KA TA'EI B'MITZVAH LISHMO'A DIVREI CHACHAMIM - and he made a mistake regarding the precept that "it is a Mitzvah to heed the words of the Sages," (by committing a transgression because of their words)

19) [line 23] MEVA'ET B'HORA'AH - one who [consistantly] rejects (lit. kicks at) the Halachic ruling [of the Sanhedrin.] (Such a person is obligated to bring an individual Korban Chatas even though he acts in accordance with the mistaken ruling of the Sanhedrin since he regularly rejects their rulings.)

20) [line 28] "[V']IM NEFESH ACHAS TECHETA VI'SHEGAGAH [ME'AM HA'ARETZ] BA'ASOSAH" - "[And] if anyone [of the common people] sin unintentionally, by committing [a transgression...]" (Vayikra 4:27) - Rebbi Yehudah rules that the words "Nefesh," "Achas" and "ba'Asosah" constitute three "Mi'utim," "exclusions," that limit the scope of the verse, exempting certain transgressors from bringing Korbenos Chatas. The Gemara (Shabbos 93a) states that these three Mi'utim exclude the following cases: 1. With regard to the Melachah of "Ha'Motzi me'Reshus li'Reshus," (see Background to Shevuos 24:8) if one person performs the "Akirah" on an object and another person performs the "Hanachah;" 2. With regard to many Melachos of Shabbos, for example, if two people individually can perform a prohibited action on Shabbos yet they perform it together; 3. With regard to Par He'elem Davar, even if only an individual sins because he listened to the ruling of the Sanhedrin. Our Gemara cites only the last case.

21) [line 32] SHE'EIN BEIS DIN MEVI'IN AL YEDEIHEN PAR - see above, entry #1. According to the Rabanan, the Sanhedrin is not obligated to bring a Korban Par He'elem Davar if only the minority of the people or the minority of the tribes conducted themselves based upon a mistaken ruling of the Sanhedrin permitting an act that carries a Chiyuv Kares.

22) [line 35] SHIGEGAS MA'ASEH - a prohibition performed unintentionally for which the sinner is obligated to offer an ordinary Korban Chatas (see above, entry #2)

23) [line 36] BEIS DIN, MAI AVIDETAIHU? - ... what does Beis Din have to do with it (a case of Shigegas Ma'aseh)?

*24*) [line 40] MI'UT KAHAL SHE'CHAT'U B'SHIGEGAS MA'ASEH - a minority of the Kahal (the Jewish People who live in Eretz Yisrael) sinned *without* being misled by Beis Din's ruling

*25*) [line 42] HA HEN CHAYAVIN - that is, we can infer from the Beraisa (which says that *Beis Din* does not bring its special Korban when the minority were misled by Beis Din), that if the minority were misled by Beis Din's ruling, that minority *is* obligated to bring the usual Korban Chatas (since no other, special, Korban is being brought).

*26a*) [line 46] MAI IRYA DEKA'MEHADAR AL RUBA L'CHIYUVA - why did the Beraisa find it necessary to prove [only] that when the *majority* of the Kahal sinned [without being misled by Beis Din] they must bring the usual Korban Chatas?
*b*) [line 48] U'NEHADER B'REISHA AL MI'UTA D'MECHAYEV B'SHIGEGAS MA'ASEH - Let the Beraisa first prove that a *minority* who sins [without being misled by Beis Din] brings the usual Korban Chatas!

28) [line 53] TARVAIHU SETAMEI TENAN - Both of the Beraisos [that argue whether or not a minority who were misled by Beis Din's ruling bring the usual Korban Chatas] were written anonymously

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