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Previous daf Nazir 37
NAZIR 36 & 37 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of
love for Torah and those who study it.
1) [line 7] TA'AM K'IKAR - The flavor of the food is considered like the
essence of the food
A food that is prohibited to eat that has given its flavor to another food
or drink into which it was mixed, causes the entire mixture to become
prohibited (i.e. it is not Batel b'Rov). (See Background to Pesachim 44:2)
2) [line 18] KIL'EI HA'KEREM
(a) It is forbidden to plant different types of crops together as it states
in the Torah, "Sadecha Lo Sizra Kil'ayim," - "Do not plant different species
(together) in your field." (Vayikra 19:19), and "Lo Sizra Karmecha Kil'ayim,
Pen Tikdash ha'Melei'ah ha'Zera Asher Tizra u'Sevu'as ha'Karem." - "You
shall not sow your vineyard with other species, lest the fruit of the seed
which you have sown, and the fruit of the vineyard, be forfeited." (Devarim
22:9). If one sows Kil'ayim, the produce becomes prohibited ('Kidesh,' from
the word in the verse, 'Tikdash').
(b) The Mishnayos in Maseches Kil'ayim specify the distance that one must
leave in between different crops.
3) [line 20] ORLAH
(a) In the first three years after a fruit tree is planted, its fruits are
called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.
(b) If a person eats a k'Zayis of Orlah fruit, he receives Malkos. If he
derives benefit from Orlah (or any other food that is Asur b'Hana'ah),
according to most Rishonim he is punished with Malkos (TOSFOS Chulin 120a DH
Ela), while according to others, he is only punished with Makas Mardus, a
Rabbinic institution of Malkos. (RAMBAM Hilchos Ma'achalos Asuros 8:16 --
see also Mishneh l'Melech to Hilchos Yesodei ha'Torah 5:8)
4) [line 33] BASAR B'CHALAV
(a) The verse, "Lo Sevashel Gedi ba'Chalev Imo" - "You shall not cook a
young lamb in its mother's milk," is written in the Torah three times; in
Shemos 23:19, in Shemos 34:26, and in Devarim 14:21.
(b) These three verses prohibit 1. cooking meat and milk together, 2. eating
them after they have been cooked together, and 3. deriving any benefit from
them after they have been cooked together. By Torah Law it is forbidden to
consume milk and meat that was *cooked* together; the Chachamim instituted
that it is forbidden to consume meat and milk together in any fashion.
(c) One reason given for this law is that meat represents death (the
slaughter of the animal), while milk represents new life, and it is not
proper to mix life and death (REKANATI, TZEROR HAMOR, ZOHAR 2:124b). Another
reason given is that eating meat and milk together was an idolatrous
practice, especially on festivals (MOREH NEVUCHIM 3:48; RALBAG).
Alternately, mixing meat and milk is prohibited because it is causing a
detrimental change in nature, just like the prohibitions of Kil'ayim (SEFER
HA'CHINUCH #92, #113)
5) [line 37] KIL'AYIM
See above, entry #2.
6) [line 39] D'IY SARU LEI KULEI YOMA B'CHELBA, SHARI - if meat is soaked in
milk for an entire day, it is permitted to be eaten (mid'Oraisa. Mid'Rabanan
it is prohibited,)
7) [line 1] GI'ULEI OVDEI KOCHAVIM - the prohibition to use utensils of
non-Jews (without Kashering them) because the non-kosher food that they
absorbed will be expelled into the food that is cooked in them (Bamidbar
31:21-24, Pesachim 44b)
8) [line 7] NOSEN TA'AM LI'FEGAM - An Isur that spoils the taste of the food
into which it falls
(a) An Isur (prohibited food item) that is Nosen Ta'am li'Fegam, i.e. it
does not forbid the food into which it falls (Avodah Zarah 67b). The
Rishonim explain that the Halachah of Ta'am k'Ikar (see above, entry #1)
does not apply to Isur that spoils the taste of a mixture since one who eats
the mixture does not benefit in any way from the Isur that is mixed into it
(RASHBA and RAN ibid.). An Isur that stands by itself remains prohibited
even if its taste spoils, as long as it is still fit to be eaten by animals.
(b) Nosen Ta'am li'Fegam permits a mixture even if the Isur itself has a
pleasant taste, but when mixed into another food, it spoils the taste of the
mixture. It permits a mixture even if the Isur spoils the taste of the
mixture only because of an external factor (e.g. not enough salt) (Avodah
Zarah 65b, 67a, SHULCHAN ARUCH YD 103:1-4).
(c) Because an Isur that is Nosen Ta'am li'Fegam does not prohibit the food
into which it is mixed, Rav Chiya (Avodah Zarah 75b) states that the Torah
forbids cooking in a utensil that was used to cook non-Kosher food only if
the utensil is Ben Yomo (i.e. it was used to cook non-Kosher food that same
day). Otherwise, non-Kosher Ta'am the utensil absorbed spoils, and it
detracts from, rather than enhances, the taste of the food that is
subsequently cooked in the utensil. RASHI and TOSFOS write that a utensil is
not Ben Yomo if it was left overnight. The RASHBAM and the SHULCHAN ARUCH
(YD ibid. 103:5-7) rule that the utensil is not Ben Yomo only if it was left
unused for twenty-four hours after cooking the non-Kosher food.
9) [line 10] KEDEIRAH BAS YOMA - a pot that was used to cook non-kosher food
that same day
10) [line 11] IY EFSHAR D'LO PAGMAH PURSA - it is impossible that the taste
of the Isur does not spoil the taste of the mixture, at least slightly
11) [line 19] 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 and may only be eaten in the
Azarah by Kohanim. Before its slaughter, the owner presses his hands on the
head of the animal (Semichah) and confesses his sin.
(c) Regarding a Korban Chatas, the Torah states "Kol Asher Yiga bi'Vesarah
Yikdash..." - "Whatever shall touch its flesh shall be holy..." (Vayikra
6:20). This verse exhibits the Halachah of a piece of meat that gets a
Beliyah (an infusion of Ta'am (lit. taste) brought about through any form of
transference, e.g. cooking) from a Chatas. If the Chatas was Pasul, the meat
also becomes Pasul; if the Chatas was Kosher, the meat must be eaten
according to the stringent Halachos of a Chatas. Only Kohanim may eat it for
one day and following night in the Azarah.
12) [line 20] SHNEI KESUVIN HA'BA'IN K'ECHAD EIN MELAMDIN
(a) A Binyan Av (lit. 'building through a father,' -- father in this sense
means a Biblical source), is a rule of Biblical interpretation in which one
subject is deemed a prototype in order to apply a Halachah stated by that
subject to other comparable subjects.
(b) If two verses express the same Halachah regarding two different
subjects, we cannot apply the Halachah elsewhere through a Binyan Av.
Through the fact that the Torah found it necessary to repeat the law the
second time, we may deduce that the Halachah is *not* meant to be applied
automatically in all situations.
13) [line 25] TE'ACHEL KA'CHAMUR SHE'BAH - [the meat that gets a Beliyah
from a Chatas] must be eaten according to the more stringent Halachos of the
two Korbanos. (Normally, the Chatas is the more stringent of the two, and as
such, only Kohanim may eat the meat for one day and following night in the
Azarah. If, however, the meat of a Korban Chatas gets a Beliyah from a
Korban Shelamim on the day *after* its slaughter, even the meat of the
Chatas may only be eaten until nightfall of *that* day, and not during the
14) [line 26] V'RABANAN, TZERICHEI - it seems that our Gemara learns that
according to the Rabanan, the Halachah of Ta'am k'Ikar must be written in
both Nazir and Chatas, because it is impossible to learn one from the other.
However, the Gemara in Pesachim 45a learns that Heter Mitztaref l'Isur is
the Halachah that cannot be learned from Chatas to Nazir (TOSFOS to Pesachim
45a DH v'Rabanan)