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Nedarim 36

NEDARIM 36 - dedicated anonymously in honor of Kollel Iyun Hadaf, and in honor of those who study the Dafyomi around the world.

The numbers that appear next to certain entries represent the number assigned to those items in the diagram of the Beis ha'Mikdash of the Tiferes Yisrael (e.g. TY #43). This diagram, which will be included in a separate mailing and can be found on our site, is printed both in the Tiferes Yisrael Mishnayos (in Midos Chapter 2 or following Midos) and in Rav P. Kahati's Mishnayos (page 290, at the beginning of Midos).


(a) THE PROCESS BY WHICH A METZORA BECOMES TAMEI - When a person develops a mark that looks like Tzara'as, a Kohen must ascertain whether or not it is a Nega Tzara'as. If it is indeed a Nega Tzara'as, the Kohen tentatively pronounces him Tamei for one week, making him a Metzora Musgar (Hesger Rishon). The Kohen returns after a week to see what changes, if any, occurred to the mark. If there are no changes, the person remains a Metzora Musgar (Hesger Sheni) and the Kohen returns after the second week. If there are still no changes the Kohen pronounces the person to be Tahor. If the Kohen *confirms* the Tum'ah of the Metzora due to the appearance of Simanei Tum'ah in the mark, the Kohen pronounces him a Metzora Muchlat. A Metzora Muchlat remains Tamei until his Simanei Tum'ah go away.
(b) The names and colors of four types of marks that make a person a Metzora are 1. Baheres, which is the color of snow; 2. Se'es, which is the color of clean, white newborn lamb's wool; 3. Sapachas of Baheres, which is the color of the plaster used to whitewash the Beis ha'Mikdash; 4. Sapachas of Se'es, which is the color of the white membrane found on the inside of an egg.
(c) The Simanei Tum'ah for marks that appear on the skin (Nig'ei Basar) are: 1. the mark spreads (Pisyon); 2. at least two white hairs (Se'ar Lavan) grow inside the mark *after* the Nega Tzara'as appears; or 3. a patch of healthy skin (Michyah) appears in the middle of the Nega.
(d) THE PROCESS BY WHICH A METZORA BECOMES TAHOR - On the day that a Metzora is healed from his Tzara'as, he takes two kosher birds (Tziporei Metzora), a piece of cedar, some crimson wool and a hyssop branch. One of the birds is slaughtered over fresh spring water in a clay bowl. A Kohen dips the other bird, along with the other articles, into the spring water that is mixed with the blood and sprinkles it seven times on the Metzora. The living bird is sent away towards the fields. Both birds are Asur b'Hana'ah, but the Isur is removed from the living bird after it is sent off to the fields.
(e) The Metzora next shaves all places on his body that have a collection of hair and that are exposed, and immerses in a Mikvah. He is now considered Tahor to the extent that he may enter a settlement, but marital relations are forbidden (Mo'ed Katan 7b). He waits seven days, and on the seventh day he once more shaves and immerses. He is now completely Tahor but is still a Mechusar Kaparah (see Background to Nedarim 35:9).
(f) On the eighth day, the Metzora must bring Korbanos to complete his Taharah. The animals Korbanos are two male sheep and one female sheep. One of the male sheep is offered as an Olah, the other as an *Asham*. The female sheep is offered as a *Chatas*. If he could not afford to buy all these animals, he is called a poor Metzora. The poor Metzora brings two turtledoves or two common doves as the Olah and the Chatas; however, a sheep is still brought as his Asham.
(g) The Metzora also brings a Log of olive oil to the Beis ha'Mikdash as part of his purification process. A Kohen lifts up and waves (Tenufah) the live Korban Asham with the Log of oil resting upon it. After the Asham is slaughtered, some of the blood is placed on the body of the Metzora: on the middle section of cartilage of the Metzora's right ear, on his right thumb and on his right big toe. These parts of his body must be in the Azarah at the time that the Kohen applies the blood. For this purpose he stands in the gate of Nikanor (TY #18; the eastern gate of the Azarah, named for the man who donated the brass doors of the gate (see Yoma 38). Although all of the other gates of the Azarah had the Kedushah of the Azarah, Sha'ar Nikanor only had the Kedushah of Har ha'Bayis. The Chachamim arranged this so that the Metzora could stick his head, right hand and right foot into the Azarah while standing under the awning of the gate.
(h) After all of the Korbanos were offered, a Kohen pours some of the oil in his left hand and sprinkles it seven times towards the Kodesh ha'Kodashim. He must dip his right finger in the oil each time. Oil is also put on the body of the Metzora, on the places where the blood of the Asham was placed. The remainder of the oil in the Kohen's hand is placed on the Metzora's head. The rest of the Log which was not poured into the Kohen's hand was given to the Kohanim, and must be consumed by male Kohanim in the Azarah (it is one of the Kodshei Kodashim). (RAMBAM Hilchos Mechusarei Kaparah 4:2-3)

2a) [line 5] SHE'PIGLU - the Kohen disqualified the sacrifice through a Machsheves Pigul

b) [line 5] SHE'PIGLU (PIGUL)
(a) A sacrifice that was slaughtered with the intention of eating it or offering it after its allotted time becomes disqualified. It is forbidden to eat from such a Korban as it states in Vayikra (7:18), "v'Im He'achol Ye'achel mi'Besar Zevach Shelamav ba'Yom ha'Shelishi Lo Yeratzeh, ha'Makriv Oso Lo Yechashev Lo, *Pigul* Yiheyeh." - "If [the person bringing the offering plans] to eat it on the third day, [the sacrifice] will not be accepted. It is considered Pigul (putrid, rejected) and it will not be counted in his favor."
(b) If a person eats Pigul intentionally he is Chayav Kares. If he eats it unintentionally he must bring a Korban Chatas (SEFER HA'CHINUCH Mitzvah 144). If a person eats the blood of a Korban that is Pigul, he does not transgress this prohibition.

3) [line 9] SHELICHA SHEVISICH L'SAKUNEI V'LO L'AVUSEI - I made you my agent to benefit [me] and not to cause [me] a loss

4) [line 11] "LO YECHASHEV LO" - "[the sacrifice] will not be accepted." (Vayikra 7:18)

5) [line 17] CHATAS CHELEV - a Chatas that is brought for eating forbidden fats
(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).
(b) It is forbidden to eat the Chelev of a Kosher Behemah (domesticated animal), but it may be used for any other purpose. The Chelev of a Chayah (a Kosher wild animal), however, may even be eaten. "Shuman" refers to all the other fat of an animal that is permitted.
(c) If a person eats Chelev b'Mezid (intentionally), he is Chayav Kares; b'Shogeg (unintentionally) he must bring a Korban Chatas, as in the Shogeg of all other sins that one is liable to Kares b'Mezid. The Korban Chatas is a female goat or sheep. If a person is in doubt whether the fat he ate was Chelev or Shuman, he must bring a Korban Asham Taluy.
(d) All normal Chata'os are called Chatas Chelev since the Torah discusses them after teaching us the prohibition of Chelev (forbidden fats) (RASHI to Sotah 15a DH CHATAS CHELEV). Alternatively, normal Chata'os are called Chatas Chelev since most Chata'os are brought for sinning with items which are commonly found in the house like Chelev.

6) [line 22] NISHTAFEH - he regained his senses

(a) It is a Mitzvah for all Jews to offer a Korban Pesach on the fourteenth of Nisan in the afternoon, as it states in the Torah (Shemos 12:6), "and the whole assembly of the congregation of Yisrael shall slaughter it towards evening." The Pesach is an unblemished male lamb or goat within its first year that is roasted in its entirety.
(b) An adult (who was Tahor and was not far from the Beis ha'Mikdash on the fourteenth of Nisan) who willfully did not offer the Korban Pesach is liable to the Kares punishment.
(c) In order to eat from the Korban Pesach, a person must be "appointed" to the Korban before it is slaughtered. This appointment is called "Minuy." Each Pesach must have appointed to it people who are able to eat at least a k'Zayis of the meat on the night of the fifteenth of Nisan. The Korban is sacrificed in the name of all the people who were appointed for that specific Pesach animal. The people appointed to the Pesach then eat at least a k'Zayis of the Pesach together in a "Chaburah." (Some Tana'im maintain that a single Pesach may be split into many Chaburos eating in different places -- Pesachim 86a.) No bones of the Pesach are allowed to be broken (Shemos 12:46).
(d) The verses limit the people who are permitted to eat the Korban Pesach. Nochrim, people who are Tamei and men who are uncircumcised are prohibited from eating the Korban Pesach (Shemos 12:43-44).
(e) The Gemara (Pesachim 88a) states that a person may feed his Korban Pesach to his son and daughter who are Ketanim (minors), and to his Eved Kena'ani and Shifchah Kena'anis. This applies even if they are not aware of his Korban or if they do not wish to be appointed to his Korban (but to a different Korban). The Beraisa learns this from the words "Seh l'Veis Avos" ("a lamb for each father's household"), or "Seh la'Bayis" (a lamb for each household). Rebbi Zeira teaches that this Halachah is a Rabbinic institution. The Rishonim argue with regard to the original Halachah mid'Oraisa, before the Rabbinical institution. According to TOSFOS (Pesachim 88a DH She la'Bayis), a Katan cannot be appointed to any Korban Pesach mid'Oraisa. The Rabanan instituted that a father should feed his children from his Korban Pesach because of the Mitzvah of Chinuch. According to the RAN and ROSH on our Daf, any Katan may eat (and be fed) from any Korban Pesach, even if he has not been appointed to eat from it, since he does not need a Minuy. The Rabanan instituted that he should only eat from his father's Korban Pesach.

8) [line 31] AL BISRA KAI, U'MEZAKEI LEHU? - He is standing next to a piece of meat (a slaughtered Korban) and [will you say that] he awards them (appoints them to) a portion of the Korban Pesach? (the ownership of the Korban must be determined before it is slaughtered)

9) [last line] SHEFALIM - lax


10) [line 6] HA'KRI - the heap of grain
11a) [line 18] TOVAS HANA'AH SHEL MI? - Who has the right to choose the Kohen to whom the Terumah will be given?

b) [line 18] TOVAS HANA'AH
(a) The words "Tovas Hana'ah" denote the trivial benefit (in terms of pleasure or compensation) that a person receives in return for giving away an object or goods to which he has only very limited rights.
(b) A common example of this is selecting a particular individual to be the recipient of a gift that he is obligated to bestow to others. For example, Terumah must be given to a Kohen, and Ma'aser to a Levi. The Tovas Hana'ah of a Yisrael who separates Terumah or Ma'aser from his produce is the right to give the Terumah or Ma'aser to the Kohen or Levi of his choice.
(c) Another example is selling an object to which one will not have full rights until a later date, or to which one may never gain full rights. For example, a woman only receives a Kesuvah from her husband if the husband dies before her or divorces her. She may sell her rights to collect the Kesuvah for Tovas Hana'ah. Since the possibility exists the she will die before her husband and the purchaser will not receive the Kesuvah, the Tovas Hana'ah of the Kesuvah is worth much less than the Kesuvah itself.

12) [line 29] CHOMESH
When a person dedicates an item to Hekdesh, if he redeems it himself he has to add an additional *fifth* (of the ensuing total, or a *quarter* of the original value). For example, if the object is worth 50 Sela'im, he has to redeem it for 62.5. If another person redeems it from Hekdesh, he does not have to add a Chomesh.

13) [line 29] TEMURAH
(a) The Torah states, "Do not try to transfer or exchange it (an animal that has been designated as a Korban) [for another animal], neither a good animal for a bad one nor a bad one for a good one. If you do exchange an animal [of Kodesh] for another animal [that is not], both the original animal and the one given in exchange for it, will be Kodesh." (Vayikra 27:10). The Chinuch explains that the reason for the prohibition of Temurah is to teach us the proper reverence that we must have for objects of Kedushah (SEFER HA'CHINUCH 351, 352).
(b) The second animal, or the Temurah, is a valid Korban, and if it has no Mum (blemish that invalidates it), it must also be offered on the Mizbe'ach (unless the original Korban was a Chatas or an Asham).
(c) A person who intentionally makes a Temurah receives Malkos (lashes). Sometimes, even if a person makes a Temurah b'Shogeg (unintentionally), he receives Malkos (see Chart to Temurah 17a).

14) [last line] MAI PASKA? - Why did the Tana of the Beraisa write it without qualification?

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