ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Horayos 13
HORAYOS 12-14 - One week of study material has been dedicated by Mrs. Rita
Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok
Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly
in an unassuming manner and is dearly missed by all who knew him. His
Yahrzeit is 10 Sivan.
(a) Bearing in mind that the Torah has already written "Ve'asah la'Par
Ka'asher Asah le'Par ha'Chatas", the Tana of the Beraisa learns from the
Pasuk "Ve'saraf Oso Kasher Saraf es ha'Par ha'Rishon" - that the Par of the
Kohen Gadol must take precedence over that of the Tzibur.
(b) Another Beraisa ascribes this precedence to the fact - that it is
essential for the one who is atoning to atone for himself before atoning for
(c) We learn from the Pasuk (in connection with Aharon's Par on Yom Kipur)
"Ve'chiper Ba'ado u'Ve'ad Beiso ... " - the principle that a person first
atones for himself before atoning for others.
(a) The Beraisa gives the Par He'elam Davar shel Tzibur precedence over the
Par shel Avodas-Kochavim - because, as a rule, a Chatas takes precedence
over an Olah.
(b) In connection with the two birds of a Korban Oleh ve'Yored, the Torah
has already written "ve'es ha'Sheini Ya'aseh Olah ka'Mishpat". It
nevertheless adds "Ve'hikriv es Asher la'Chatas Rishonah" to teach us - that
a Chatas always precedes an Olah ...
(c) ... even in the case of a Chatas ha'Of and an Olas Beheimas.
(d) The problem with the Tana's ruing that the Par Avodas-Kochavim takes
precedence over the Sa'ir Avodas-Kochavim lies in the fact - that the Par is
an Olah whereas the Sa'ir is a Chatas (clashing with the principle that we
(a) They learned in Eretz Yisrael in the name of Rabah bar Mari learn from
the fact that the word "Chatas" by the Sa'ir Avodas-Kochavim is missing an
'Alef' - that the Par le'Olah takes precedence (in spite of the principle).
(b) Rava answers the Kashya by citing the word "ka'Mishpat" written by
Avodas-Kochavim - implying that the Korbanos must be brought in the order
that they are mentioned (and the Torah mentions the Par first).
(c) The Sa'ir ...
1. ... Avodas-Kochavim take precedence over the Sa'ir of the Nasi - because
a Tzibur takes precedence over a Yachid.
2. ... of the Nasi take precedence over the Se'irah of a Yachid - because a
king takes precedence over a Yachid.
(a) One Beraisa gives the Se'irah of a Yachid precedence over a Kisbah.
Another Beraisa says - the opposite.
(b) Abaye presents this as a Machlokes Tana'im. The basis for giving
precedence to the ...
1. ... Se'irah lies in the fact that it (and not a Kisbah) is brought for
(c) The Beraisa rules that the Omer (on Pesach) and the Sh'tei ha'Lechem (on
Shavu'os) - take precedence over the Korbanos that accompany them ...
2. ... Kisbah - lies in the fact that it incorporates a fat-tail (which a
Se'irah does not).
(d) ... because the Omer and the Sh'tei ha'Lechem constitute the order of
the day, whereas the Korbanos come only because of the bread, and the order
of the day always takes preference.
(a) Our Mishnah gives precedence to a man over a woman to save his life and
to return his lost articles - and to a woman over a man regarding clothes
and redeeming from captivity (because as far as the woman is concerned,
these are tied up with Tzeni'us [modesty], and a woman generally feels this
more acutely than a man).
(b) A male captive takes precedence however - if he will be subjected to
homosexuality (because of the unnatural circumstances of the sin).
(c) If Reuven, his mother, his father and his Rebbe were all captured
(assuming that Reuven, has sufficient funds to redeem one, two or three of
them) - the order of precedence given by the Beraisa is - in exactly the
reverse order (i.e. 1. himself first, 2. his mother, as we explained in our
Mishnah, 3. his Rebbe, who brings him to Olam ha'Ba [as we learned in Bava
Metzi'a], and only then his father, who brought him into this world).
(d) A Chacham, says the Tana, takes precedence over a king - because a king
who dies is replaceable, whereas a Chacham is unique.
(a) We learn from the Pasuk, where David Hamelech said ..
1. ... to Tzadok ha'Kohen "Kechu Imachem es Avdei Adoneichem" - that a king
has priority over a Kohen Gadol (since 'Adoneichem' referred to himself).
(b) And we learn from the Pasuk ...
2. ... "u'Mashach Oso Sham Tzadok ha'Kohen ve'Nasan ha'Navi" - that a Kohen
Gadol has priority over a Navi.
1. .... "Sh'ma Na Yehoshua ha'Kohen ha'Gadol Atah ve'Re'echa ... " - exactly
the same thing (seeing as the friends of Yehoshua Kohen Gadol were Nevi'im,
which we learn from the Pasuk ...
(c) The order of priority in which the Beraisa places S'gan, Mashu'ach
Milchamah, Kohen she'Avar Machmas Mumo, Kohen she'Avar Machmas Kiryo,
Merubeh Begadim and Kohen Mashi'ach is - again precisely in the reverse
2. ... "Ki Anshei Mofes Heimah" (just as the Torah writes in Shoftim [in
connection with a Navi] "Ve'nasan Eilecha Os O Mofes").
(d) At the lower end of the scale, the order reads S'gan, Amarkol, Gizbar,
Rosh Mishmar, Rosh Beis Av and Kohen Hedyot. The Amarkol - as his name
suggests ('Amar Kula'), was the officer in charge of all the affairs of the
Beis-Hamikdash. His word was final.
(a) They asked what the Din would be if a S'gan and a Mashu'ach Milchamah
came upon a Meis Mitzvah(i.e. which one would be obligated to bury it and
render himself Tamei). Mar Zutra b'rei de'Rav Nachman, citing a Beraisa,
placed the onus on the Mashu'ach Milchamah - because should the Kohen Gadol
become Pasul, it is the S'gan who would have to perform the Avodah in his
(b) He reconciled this ruling with another Beraisa, which gives precedence
to the Mashu'ach Milchamah - by establishing it with regard to sustaining
them, where he takes precedence ...
(c) ... because the Tzibur need him to go to battle more than they need the
S'gan (or because his Kedushah is higher, as we just learned).
(a) A Kohen, Levi, Yisrael and Mamzer follow that order of precedence. And
here again, our Mishnah places an Eved Meshuchrar (an Eved who has been set
free), a Ger, a Nasin (whom Yehoshua appointed wood-choppers and
water-drawers) and a Mamzer - in the reverse order.
(b) A Mamzer has priority over a Kohen Gadol however - if he is also a
Talmid-Chacham (and the Kohen Gadol is not).
(c) We learn from the Pasuk ...
1. ... "B'nei Amram, Aharon u'Moshe, Va'yavdel Aharon ... " - that a Kohen
takes precedence over a Levi.
(d) The Tana gives priority to ...
2. ... "be'Eis ha'Hi Hivdil Hashem es Sheivet ha'Levi" - that a Levi takes
precedence over a Yisrael.
1. ... a Yisrael over a Mamzer - because he has Yichus (pedigree).
2. ... a Mamzer over a Nasin - because he is born to Jewish parents.
3. ... a Nasin over a Ger - because he has lived among us for a longer
period of time.
4. ... a Ger over an Eved Meshuchrar - because he has not been subject to a
(a) Rav Acha b'Rebbi Chanina learns from the Pasuk (with reference to Torah)
"Yekarah Hi mi'Peninim" that Torah is more precious even than a Kohen Gadol
who goes inside the Kodesh Kodshim (Lifnai ve'Lifnim) on Yom Kipur (the
source for the ruling in our Mishnah that a Mamzer Kohen Gadol takes
precedence over a Kohen Gadol Am-ha'Aretz).
(b) We just explained why a Ger takes precedence over an Eved Meshuchrar.
Rebbi Shimon bar Yochai in a Beraisa explains that if not for that, an Eved
Meshuchrar would be given priority - because he has lived among us for a
longer period of time (as we explained by Nasin).
(c) Rebbi Elazar b'Rebbi Tzadok uses the same curse to explain - why people
are generally happy to marry a Giyores, but shun a Meshuchreres.
(d) Alternatively this is due to the fact -that the latter is likely to be
more promiscuous than the former, either because she is used to that sort of
life as a Shifchah, or because unlike the Giyores, who guarded he chastity
(in anticipation of her conversion), *she* would not have known that her
master intended to set her free.
(a) When Rebbi Elazar's Talmidim asked him ...
1. ... why a cat does not acknowledge its Creator, even though a dog does,
he repied - that this is because seeing that people who eat food that has
merely been bitten by a mouse, forgets his learning ('Kashah le'Shikchah'),
how much more so a cat, who eats the mice themselves.
(b) Rava gave as an example, the fact that they even bite clothes. Rav Papa
gave the example of - the handle of a spade.
2. ... why people tend to chase mice relentlessly - he attributed it to the
evil nature of the mice, who, unlike most creatures (which only bite the
food that they want to eat because they are hungry), bite and spoil
anything, whether they are hungry or not (much like the difference between a
Mumar le'Te'avon and a Mumar Le'hach'is [someone who sins for his personal
pleasure and someone who sins to anger Hashem]).
(a) The Beraisa states - that eating something that a mouse or cat ate, the
heart of an animal or olives (regularly) - causes people to forget what they
(b) The Tana includes in this list - drinking the remains of the bath-water,
and washing one foot on top of the other.
(c) According to others - using one's clothes as a pillow will have the same
(a) On the other hand, the Tana adds - that eating bread baked on coal, the
coal itself or a boiled egg without salt - has the opposite affect, namely,
it brings back one's learning.
(b) The Tana adds someone who drinks olive oil regularly, someone who drinks
from the leftovers water used for kneading dough and someone who regularly
drinks wine and smells spices.
(c) Others add - someone who dips his finger in salt and eats it.
(d) The inclusion of olive-oil and wine and spices in the list remind us of
statements by Rebbi Yochanan and Rava respectively.
1. Rebbi Yochanan - that just as olives cause one to forget one's learning,
so too, does olive-oil cause one to recall it.
2. Rava said - that it was the wine and spices that he constantly used when
he was young, that turned him into the wise man that he was.
(a) According to Resh Lakish, when Yesh Omrim added to the list dipping
one's finger in salt and eating it, he meant specifically one finger and no
more. This is also the opinion of Rebbi Yehudah in another Beraisa. Rebbi
Yossi says - two fingers and not three.
(b) The Kemitzah (the index finger) will help us to remember this
Machlokes - because if one bends it, one is left with one finger on one side
and two, on the other (not counting the thumb, which is not in line with the
other fingers anyway).
(c) The Beraisa states that someone who walks under the bridle of a camel or
the camel itself, someone who passes between two camels or two women, or two
men between whom a woman passes - make learning difficult (because they
cause a Timtum ha'Leiv).
(d) The Tana adds someone who inhales the repugnant smell of a carcass. He
uses the expression 'ha'Over Tachas' in that connection" - because smells
tend to rise, so that ultimately, one is standing underneath them.
(a) And he also adds someone who stands underneath a bridge or who eats
bread or meat. He is talking about ...
1. ... a bridge - through which water has not flowed for forty days.
(b) One of the two final items that the Tana lists are someone who drinks
from a stream which runs through a Beis-ha'Kevaros; the other is - someone
who looks (intently) at the face of a dead person.
2. ... bread - that is only partially baked.
3. ... meat - that one served with a ladle which is used to move the scum to
the side of the pot.
(c) Others add - someone who reads the script on a grave.
(a) The Beraisa discusses the procedure when the various sages enter the
Beis-Hamedrash. When the Nasi enters, everyone is obligated to rise from
their seats, and when the Av Beis-Din enters, they all rise and form two
rows, between which he passes. They are permitted to sit - when the Nasi
permits them to do so, and when the Av Beis-Din has sat down respectively.
(b) The Din of sitting down regarding a Chacham, is equivalent to that of an
Av Beis-Din. When he enters however - each person stands as he walks past
(c) The sons of the Chachamim and their Tamidim are permitted to ...
1. ... pass over the heads of the people when they enter a full
Beis-Hamedrash - provided the community needs them (see Chok Nasan).
(d) The difference the Tana Kama draws between the children of the community
leaders who are able to understand the D'rashah and those who are not is -
that the former sit in the 'Mizrach' facing their fathers, whereas the
latter face the people (according to others, they sit behind their fathers
rather than in front of them).
2. ... return once they leave - provided they left because they needed to.
(e) Rebbi Elazar b'Rebbi extends this latter Halachah beyond the precincts
of the Beis-Hamedrash - to the banquet-hall, where one places the sons of
the community leaders besides the elders.
(a) We just learned that the sons of the Chachamim and their Tamidim are
permitted to return once they leave - provided they left because they needed
to. Rav Papa qualifies this - by confining it to where they left in order
to urinate (but not in order to relieve themselves [for Gedolim]).
(b) His reason is based on a statement of Rav Yehudah Amar Rav - who said
that a person should make a point of relieving himself early in the morning
and late at night, in order to avoid having to travel out of town in the
middle of the day to do so. Consequently, someone who does not, is
(c) This distinction no longer applies however - due to our weaker
(d) Rava qualifies Rebbi Elazar b'Rebbi's ruling (ragarding placing the sons
of the community leaders besides the elders in the banquet-hall) - to where
their fathers are still alive, but not to where they have already died.
(a) The current Beraisa was learned in the days of Raban Shimon ben Gamliel.
He changed the original Minhag - (whereby the Av Beis-Din received the same
Kavod as the Nasi), because he considered it becoming for a Nasi to receive
more Kavod than an Av Beis-Din and a Chacham.
(b) Rebbi Meir - who was a Chacham, and Rebbi Nasan - who was the Av
Beis-Din, were not in the Beis-Hamedrash that day.
(c) When they discovered why the people no longer stood up for them in the
way that they used to - they decided, that to teach Raban Shimon ben Gamliel
a lesson, they would ask him to teach them Maseches Uktzin, which they knew
he had not learned thoroughly.
(d) When they quoted the Pasuk "Mi Yemalel Gevuros Hashem Yashmi'a Kol
Tehilaso" they meant - that it is not befitting for someone who does not
know the whole Torah to be the teacher of K'lal Yisrael.
(e) By planning this coup - they intended Rebbi Nasan to take over the
Nesi'us and Rebbi Meir to become the Av Beis-Din.
(a) Rebbi Ya'akov ben Karshi overheard them plotting. He intervened on the
part of Raban Shimon ben Gamliel - to spare him from being embarrassed in
(b) To do that - he sat at the back of his attic, and began to recite Uktzin
over and over again, until Raban Shimon ben Gamliel realizing that something
was afoot, took his cue from him and perfected his knowledge of the Masechta
(on that one night).
(c) Initially, he penalized Rebbi Meir and Rebbi Nasan by sending them out
of the Beis-Hamedrash.
(d) He changed his mind however - when they began sending questions into the
Beis-Hamedrash, some of which only they were able to answer. And it was when
Rebbi Yossi observed that although they (the other Chachamim) were in the
Beis-Hamedrash, Torah was outside, that Raban Shimon ben Gamliel recalled
(e) He switched the punishment - by giving them impersonal names from then
on. He called Rebbi Meir 'Acherim' and Rebbi Nasan 'Yesh Omrim'.