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by Rabbi Ephraim Becker
Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

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Pesachim 81

Pesachim 81 - 95: We are grateful to Mr. Mark Frankel of Queens, N.Y. for suggesting the idea of "Point by Point Summaries" and sponsoring its initial two weeks -- Tizkeh l'Mitzvos!


(a) Question: But in the Bereisa R. Yosi teaches that we *do* Shecht the Korban Pesach for the Shomeres Yom K'neged Yom?!
1. Her Safek is like the Tumas HaTehom of Ziva.
2. Presumably, this permission to Shecht (even though there is a doubt whether she will be able to eat the Korban) is on account of the Tzitz!
3. She is not required to bring the Pesach Sheni, even if she saw blood!
(b) Answer: R. Yosi holds that she was considered Tehorah at the time of the Shechitah.
1. The blood that the Shomeres Yom sees will create Tumah only from that point onward.
2. That is why the Shechitah and Zerikah are effective for her, not because Tumas Tehom is permitted.
(c) Question: But we find that R. Yosi holds that the Tumah of a Zavah *is* retroactive!
1. She does not have to bring a Pesach Sheni.
2. This could only be on account of the Tzitz!
(d) Answer: The retroactive Tumah is only mi'd'Rabanan.
1. Regarding the Pesach she is considered Tehorah.
2. R. Oshiya also holds that the Tumah is retroactive, as we find in the Bereisa.
3. Question [R. Yochanan]: But the Zav should only count one day?
(i) If R. Yochanan holds retroactive Tumah then it should knock out the whole week.
(ii) If he holds the Tumah only from now on then it should not even knock out that day since he has completed his week?
4. Answer [R. Oshiya]: R. Yosi holds from now on.
5. Question: But R. Yosi said that the Tumah is retroactive?
6. Answer: R. Oshiya must understand the Tumah according to R. Yosi as being mi'd'Rabanan.
(e) Question: According to R. Yosi, what does "only Tumas Mes" come to exclude?
(f) Answer: It must exclude (prohibit) the Kohen who is Tamei from Tumas HaTehom of Sheretz.
(g) We may conclude that the Tzitz *does* address the Tumas Mes of the Kohen!
(h) No, it teaches that the Tumas HaTehom of Sheretz does not permit its *owners* to bring a Korban Pesach.
(a) Question: How can R. Yosi ever find a Zavah Gemurah?
(b) Answer #1: She sees non-stop for three days
(c) Answer #2: She saw during each of two Bein HaShmashos.
(a) Question [R. Yosef]: Can we permit a Kohen who is Tamei b'Tumas HaTehom to perform the daily Tamid?
1. Does the permission by Nazir and Pesach transfer to the Kohen, and;
2. Does the permission transfer to the Tamid?
(b) Answer [Raba]: It is a Kal v'Chomer from Nazir and Pesach.
1. Definite Tumah is not permitted by these two, yet Tumas HaTehom *is* permitted.

2. Definite Tumah *is* permitted by a Korban Tzibur (such as Tamid) all the more so that Tumas HaTehom is permitted.
(c) Question: We learn in a Bereisa regarding Nazir that we cannot deduce logic from a Halachah l'Moshe mi'Sinai!?
(d) Answer: We learn a Gezeirah Shavah (the shared word Moado) from Pesach.
(e) Question: Where is Tumas HaTehom written?
(f) Answer [R. Eliezer]: "Alav" teaches that the Mes needs to be clear to the Nazir to be invalidated.
(g) Question: And whence do we know Korban Pesach?
(h) Answer #1 [R. Yochanan]: "Lachem" teaches that the Tumah must be clear to him.
(i) Answer #2 [Resh Lakish]: "Derech" teaches that it must be as clear as the road.
(a) Question: What is Tumas HaTehom?
(b) Answer: Any Tumah which absolutely nobody knows about.
(c) Question: According to R. Eliezer, only *he* needs to be ignorant of the Tumah; according to R. Yochanan at least two people need to know (Lachem is plural), and; according to Resh Lakish, *everyone* needs to know?
(d) Answer: Tumas HaTehom is Halachah l'Moshe mi'Sinai and the Pesukim are only Asmachta.
(a) The permission to do Zerikah is only if he did not know about the Tumah, but not if he already knew about it.
(b) Question: The Bereisa implies otherwise!?
1. When the Mes is lying in the width of the road, where it is impossible that the person did not become Tamei.
2. Still, for Nazir and Pesach he is permitted!
(c) Answer: Rather, with either order it is permitted, l'Chatchilah, to do Zerikah.
(a) The Mes is lying in the width of the road, where it is impossible that the person did not become Tamei.
(Nobody in the world was aware of this Tumah. - Rashi) (b) For Terumah he is Tamei, for Nazir and Pesach he is Tahor.
(c) If there was a way of passing by without contacting the body, there is no Tumah.
(d) The Tumah above is only if the body is whole, not in dispersed parts.
(e) Within a grave he is Tamei even if the body is broken.
(f) The Heter of broken body is only if he is on foot.
(g) If the Tumah is known, he is Tamei.
(h) The definition of Tumas HaTehom is that nobody knows.
(i) If the Tumah is covered with stones (as opposed to water or in the dark or in cracks) it is TeHom.
(j) We are only dealing with Tumas Mes, not any other.
(a) A whole or majority of the Korban that became Tamei is burnt by the Bais HaMikdash using wood of Ma'arachah."
(b) If the minority of the Korban is Tamei it is burnt at the individual's home using his own wood.
(c) Miserly people would bring even this to the Bais HaMikdash to benefit from the Ma'arachah wood.
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