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Kollel Iyun Hadaf, Jerusalem

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Moed Katan 16

MOED KATAN 16 - dedicated by Mr. Avi Berger of Queens, N.Y. in memory of his parents, Pinchas ben Reb Avraham Yitzchak, and Leah bas Michal Mordechai.



(a) We learn from the Pasuk in Korach ...
1. ... "va'Yishlach Moshe li'K'ro le'Dasan ve'la'Aviram B'nei Eli'av" - that Beis-Din (fix a place and) send a Sh'liach to invite the perpetrator to Beis-Din before issuing the Shamta.
2. ... "va'Yomer Moshe el Korach Atah ve'Chol Adascha" - that Beis-Din personally invite the perpetrator to Beis-Din before issuing the Shamta.
3. ... "Lifnei Hashem" - that one specifically mentions the great person who is calling him to Beis-Din.
4. ... "Atah va'Heim ve'Aharon" - that one also informs him who the other litigant is.
5. ... "Machar" - that one fixes a time.
(b) 'Zimna Basar Zimna' means - that, should he not come the first time, one invites him a second time (which we learn from a Pasuk in Yirmiyah).

(c) It is not considered Lashon ha'Ra for the Sh'li'ach Beis-Din to report the blasphemous remarks of the perpetrator (as we see from the Sh'liach whom Moshe sent to call Dasan and Aviram, and who reported their remarks to Moshe).

(a) We learn the concept of a Shamta (Niduy) from the Pasuk in Shoftim "Oru Meiroz". We learn from the following words "Amar Mal'ach Hashem" - which refer to Barak, that one informs the perpetrator who it is who is placing him in Cherem (though it is not clear how this differs from what we just learned in 1a. 3).

(b) We learn the concept of a Cherem from "Oru Arur". Besides the prohibition of eating and drinking with the culprit - this also comprises not standing in his four Amos.

(c) And from the Pasuk "Ki Lo Ba'u le'Ezras Hashem" we learn - that Beis-Din publicise the perpetrator's sin.

(d) Barak placed a Shamta on Meiroz with four hundred trumpets.
'Meiroz' might have been a great man - or it might have been a star.

(a) Besides declaring the property of someone who ignores the call of the Beis-Din Hefker and ostracizing him from the community, Nechemyah teaches us that Beis-Din will prevail upon him verbally, curse him, beat him, pull out his hair and bind him with an oath (if necessary). Ezra adds 'Asrinan, Kafsinan ve'Avdinan Hardafah' - meaning that they bind his hands and feet, tie him to the Amud to give him lashes and place a Niduy on him, respectively.

(b) A person who refuses to comply with the Beis-Din is placed in Niduy immediately. Should he persist ...

  1. ... then, in thirty days time - this is repeated.
  2. ... and in sixty days - they place him in Cherem.
(c) Rav Chisda makes a distinction - in cases of money-matters, one first warns the perpetrator on Monday, Thursday and Monday; but when someone insults a Talmid-Chacham, one places a Niduy on him immediately. 'Tut Asar ve'Tut Shari' - means that the same Shofar that placed the Niduy on him can also lift it.

(d) A Shamta is normally effective for at least thirty days. It can however, be lifted earlier - in money-matters, when the perpetrator appeases the person whom he offended. They would want to lift it earlier if the people concerned wanted to travel out of town, and would not be available later.

(a) The Beraisa says that if someone is Menudeh (privately) to a Rav, he is automatically Menudeh to the Talmid; if he is Menudeh to the residents of his town, he is automatically Menudah to the residents of another town, and if he is Menudeh to the Nasi, he is automatically Menudeh to the people - but the reverse is not true: if he is Menudeh to the Talmid, he is not automatically to the Rav, if he is Menudeh to the residents of another town, he is not automatically Menudeh to the residents of his town, and if he is Menudeh to the people, he is not automatically Menudeh to the Nasi.

(b) Raban Shimon ben Gamliel (in the same Beraisa) says - that if a Talmid (together with others) issued someone with a Niduy and died, then his portion is not nullified (even if the other partners nullified the Niduy).

(c) Ameimar permits one Beis-Din to remove the Cherem placed by another. When Raban Shimon ben Gamliel says that if one of the Talmidim who placed a Niduy dies, his portion is not nullified - he means only as long as another Beis-Din has not nullified it (but not that another Beis-Din cannot do so).

(d) One of the things that we initially learned from Raban Shimon ben Gamliel was that, if three people place someone in Cherem, only *they* are empowered to nullify the Cherem, and not another Beis-Din of three (though Ameimar disagrees with this). The other two are - that a Talmid who, in defense of his honor, placed a Niduy on someone, his Niduy is effective; and that if two or three people place a Niduy on someone, each one nullifies his portion.

(a) A Niduy lasts for a minimum of thirty days. The minimum period of a Nezifah (a mild form of Niduy) - is seven days.

(b) This is hinted - in the episode with Miriam, on whom Hashem placed a Nezifah lasting seven days.

(c) A Niduy in Bavel is like a Nezifah in Eretz Yisrael. Consequently - it will last for a minimum of seven days.

(d) When Rebbi Shimon bar Rebbi commented that a certain difficult Sugya required Rebbi to explain it - Bar Kapara countered that even Rebbi would not know how to explain such a difficult piece. When Rebbi Shimon informed his father what Bar Kapara had said, he placed a Nezifah on him. Bar Kapara knew that Rebbi had done so when he went to see Rebbi, and Rebbi said to him 'I don't recognize you'.




(a) Rebbi learned from the Pasuk (concerning the teaching of Torah) "Chamukei Yereichayich Kemo Chalayim" - that Torah should be studied discreetly, and not out in the open.

(b) Rebbi Chiya contravened Rebbi's ruling, learning Torah outside - with his nephews Rav and Rabah bar Chanah.

(c) On the thirtieth day of the Nezifah, Rebbi called Rebbi Chiya - because he currently maintained that 'Miktzas ha'Yom ke'Kulo' (like Aba Shaul), but then changed his mind - (to rule like the Rabbanan of Aba Shaul, who do not hold 'Miktzas ha'Yom ke'Kulo', in which case the Niduy was due to terminate only the following day).

(d) When Rebbi Chiya informed Rebbi that he had received the first message (to come), but not the second - he quoted the Pasuk in Mishlei "bi'R'tzos Hashem Darchei Ish, Gam Oivav Yashlim Ito" (meaning that when Hashem is on someone's side, then even his enemy is forced to come to terms with him).

(a) Rebbi Chiya derived his opinion from the Pasuk "Chochmos ba'Chutz Taronah". Rebbi interprets...
1. ... this Pasuk to mean - that if someone studies Torah inside, his Torah will announce his greatness outside.
2. ... the Pasuk "Lo me'Rosh ba'Seiser Dibarti" (implying that Torah should be learned in public) - to pertain to the Torah of the (Yarchei) Kalah (the biannual Derashah, when the Rosh Yeshivah would teach the Halachos of Pesach and Succos to the numerous crowd that had come from far and wide to hear him.
(b) According to Rebbi Chiya - the Pasuk "Chamukei Yerichayich" pertains, not to Torah-study, but to the giving of Tzedakah and the performing of Gemilus Chasadim, which should be done discreetly.

(c) What we learned earlier (that a Nezifah generally lasts only seven days) pertains to the Nezifah of any other Talmid-Chacham - but Rebbi (on the two occasions that we just discussed) was a Nasi, and the minimum Nezifah of a Nasi is thirty days.

(d) The minimum period of a Nezifah in Bavel - is one day.

(a) Even though Shmuel was greater than Mar Ukva, he nevertheless sat in front of him like a disciple - because the latter was the Nasi (although it is not clear why Mar Ukva was appointed Nasi, and not Shmuel). Nevertheless, Mar Ukva would sit on the floor (in deference to Shmuel), and not on a cushion, as was customary for the Nasi to do.

(b) Shmuel placed a Nezifah on Mar Ukva - because Mar Ukva would always walk home behind Shmuel, and, on one occasion, he was so engrossed in the Dinim that, as Dayan, he was currently handling, that he forgot to do so, and walked home ahead of Shmuel.

(c) Mar Ukva enacted the Nezifah for one day.

(d) That woman come before Rav Nachman - because, when a certain Talmid-Chacham walked past her, as she sat with her legs stretched out, sifting shells from peeled barley, she continued doing so without acknowledging the Talmid-Chacham. Rav Nachman told her that - seeing as she had not heard the Talmid-Chacham specifically place a Niduy on her, she should accept a Nezifah for just one day (which a person is obligated to do when he knows that a Talmid-Chacham is angry with him).

(a) Zutra bar Tuvya had the problem with the Pasuk "ve'Eileh Divrei David ha'Acharonim" - that if these are David's *last* words, what are the *first*?

(b) Rav Yehudah placed a Nezifah on him - because, when Rav Yehudah failed to answer him straightaway, he repeated his Kashya (as if Rav Yehudah did not know the answer).

(c) The 'first words of David' to which the Pasuk hints - are his words in Shmuel 2, where he sang a song on the day that Hashem saved him from the clutches of Shaul.

(d) Hashem was not very pleased with those first words, as is described in the Pasuk in Tehilim "Shigayon le'David Asher Shar la'Hashem al Divrei Kush ben Yemini" - meaning that David made a mistake when he sang at the downfall of Shaul, seeing as Shaul (who came from Binyamin) was as special in his deeds as the skin of a Kushi is special (i.e. unusual).

(a) Shaul, Tziporah, Tzidkiyah ha'Melech and Yisrael have in common - the fact that the Pasuk refers to all of them as 'Kushi', because each of them was exceptionally righteous (like a Kushi, as we just explained).

(b) The Pasuk writes "Ne'um David ben Yishai, u'Ne'um ha'Gever Hukam Ol". The yoke that David established - was that of Teshuvah (as Chazal have said elsewhere, David only sinned in order to teach the individual to do Teshuvah).

(c) We learn from the Pasuk there "Amar Elokei Yisrael ... Tzur Yisrael Moshel ba'Adam; Tzadik Moshel Yir'as Elokim" - that, although the Rock of Yisrael (Hashem) rules over Yisrael, the Tzadik rules over Hashem (i.e. Hashem decrees, and the Tzadik can negate Hashem's decree).

(a) Iyra ha'Ya'iri was - David Hamelech's Rebbe.

(b) He used to sit on cushions when he taught Torah - whereas after his death, when David took over from him, in his deep humility, he insisted on sitting on the floor.

(c) Rav explains the continuation of the Pasuk ...

1. ... "Tachkemoni" (in the context of the reward for David's unbelievable humility) - to be the acronym of 'Tehei Kamoni' (that he will have the power to nullify the decrees that Hashem issues.
2. ... "Rosh la'Shalishim" (in the same context) - to mean that he would be the head of the three Avos in the World to Come (see also Agados Maharsha).
3. ... "Hu Adino ha'Etzni" - that he would bend himself and be soft like a worm when learning Torah, but would be straight and hard like a tree when he went to war.
(d) David killed eight hundred of the enemy when he went to war. He did not merit to fulfill the Pasuk "Eichah Yirdof Echad Elef" - because of the episode with Uri'ah ha'Chiti (for having had him killed in order to take his wife Bas-Sheva - despite the fact that he was Chayav Misah anyway, as we shall see in Kidushin).
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