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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Pesachim 25



(a) Isi ben Yehudah learns the Isur to eat Basar be'Chalav - from the Gezeirah Shavah "Ki Am Kadosh Ata" (in Re'ei - in connection with Basar be'Chalav) and "ve'Anshei Kodesh Tihyun Li" (in connection with Terifah).

(b) If Orlah, with which no sin was performed, is Asur be'Hana'ah, then Basar be'Chalav, which comes about through the sin of cooking meat and mik together, will certainly be Asur.

(c) The Gemara refutes it on the grounds that Orlah also has a stringency over Basar be'Chalav, inasmuch as Orlah never had a moment when it was permitted (since the fruit is forbidden from the time it buds), whereas the meat and the milk were permitted - before they were cooked together.

(a) The Chumra of Chametz on Pesach over Basar be'Chalav (which Kelai ha'Kerem does not have) - is that one receives Kares for eating it.

(b) Abaye explains that the Beraisa cannot ask how we can attempt to learn Basar be'Chalav from K'lai ha'Kerem, since there, one is Chayav even for eating it in an unusual way - because the same applies to Basar be'Chalav, due to the fact that in connection with Basar be'Chalav (like by K'lai ha'Kerem), the Torah does not use any derivation of Achilah.

(c) The questioner, who *did* ask it, justifies his Kashya, because we are currently learning Basar be'Chalav from *Neveilah*, where the Lashon of Achilah *is* used.

(d) Abaye disagrees with that, because, when all's said and done, the Lashon 'Achilah' is not used directly by Basar be'Chalav.

(a) When the Gemara asked why the Beraisa did not ask 'Mah li'Kelai ha'Kerem she'Ken Lo Haysah Lo Sha'as ha'Kosher' - it was of the opinion that it is only what grows after they mix that is Asur, and *that* never had a Sha'as ha'Kosher.

(b) The Beraisa does not, in fact, ask it - because the whole tree becomes forbidden, and the tree did have a Sha'as ha'Kosher, until the time that the plants took root.

(c) The Mishnah in Kil'ayim is speaking about grain that is already growing, which does not become forbidden; whereas the Beraisa in Chulin is speaking about grain that has just been planted together with the vines. *They* will become forbidden as soon as they take root.

(d) "ha'Zera" refers to the latter case, and "ha'Melei'ah", to the former.

(a) The Shiur of one two hundredth is the Shiur that K'lai ha'Kerem is Batel (the Sifri learns this from Terumah, which is Mutar be'Hana'ah, and Batel in *one* hundred; K'lai ha'Kerem therefore, which is Asur be'Hana'ah, must be Batel in *two* hundred).

(b) Plants in a plant-pot will only nurture from the ground via a hole in the pot, but not through its walls. Consequently, if one were to pass a similar pot without a hole through a vineyard, there would be no question of Kil'ayim.

(a) The Gemara queries Rebbi Yochanan, who permits anything to be used to cure a sick person, except for the wood of an Asheirah: If it is a matter of life-danger, then even the wood of an Asheirah should also be permitted; and if it is not, then no other Isur should be permitted, either.

(b) The Gemara establishes Rebbi Yochanan when there is life-danger; nevertheless, using the wood of an Asheirah, which is a branch of Avodah- Zarah, is not permitted even to save a life.

(c) Rebbi Eliezer learns that for those people who treasure their lives above their money, the Torah writes "be'Chol Nafshecha"; and for those who treasure their money above their lives, the Torah writes "be'Chol Me'odecha". (Note: This is not really idolatry, since one is worshipping neither the Asheirah nor any other god. Rashi writes that he appears to be thanking it - which seems to be a case of 'Abizeraihu Didhu' - a minor branch of Avodah-Zarah, which is equally forbidden.)




(a) Ravin quoting Rebbi Yochanan's source for forbidding someone to murder to save one's own lilfe - is a Sevara: because we to: 'Who tells you that your blood is redder than your friend's?

(b) Now that Rebbi Yochanan knows murder, he learns the stringency of adultery from a Hekesh, since the Torah writes in Ki Seitzei (in connection with a betrothed girl who is raped) "Ki Kasher Yakum Ish Al Re'eihu u'Retzacho Nefesh, Ken ha'Davar ha'Zeh", from which we learn that just as one is forbidden to kill another person to save one's own life, so too, is it forbidden to commit adultery.

(c) He also compares *murder* to *adultery* in this way: just as one is obligated to save the girl from sinning, even if it means taking the life of her pursuer, so too, is one obligated to save the life of a man who is being murdered, even, if need be, with the life of his attacker.

(a) The literal meaning of the Pasuk in Ki Seitzei "Ki Ka'asher Yakum Ish Al Re'eihu u'Retzacho Nefesh, Kein ha'Davar ha'Zeh" - is that just as a murdered man cannot be blamed for his death (he is an Ones), so too, is a girl who is raped an Ones, and is not punishable.

(b) We cannot simply explain the Pasuk literally - because of the Pasuk "ve'la'Na'arah Lo Sa'aseh Davar" from which we already know that she is not punishable.

(c) The gentile mayor of the town informed the unfortunate man - that unless he killed so-and-so, they would kill him.

(d) Rava told him that killing the other man to save his own life was forbidden - as we explained earlier.

(a) Ravina smeared his daughter with oil from unripe olives of Orlah.

(b) Mar bar Rav Ashi pointed out to him that Chazal only permitted using Isurei Hana'ah if it was to save a life, but not for mere convenience (e.g. to improve his daughter's complexion).

(c) According to the second Lashon - Ravina pointed out that this was not the regular way of using olive-oil (one would normally wait until it was ripe and properly processed); and we learnt above, that it is permitted to use Isurei Hana'ah in an irregular manner (see the second Lashon of Rebbi Yochanan 24b).

(a) Abaye and Rava agree that Hana'ah that comes to a person against his will ...
1. ... is forbidden - when he has the specific intention of benefiting from it, whether he can avoid it or not (I Efshar u'Michaven).
2. ... is permitted - if he could neither avoid it, nor did he deliberately mean to benefit from it (I Efshar ve'Eino Michaven).
(b) Abaye and Rava argue in a case when he could avoid it, but did not have the specific intention of benefiting from it Efshar ve'Eino Michaven). They argue according to Rebbi Shimon, who holds 'Davar she'Eino Miskaven, Mutar'.

(c) The practical application of their Machlokes is with regard to dragging a light bench along the ground on Shabbos without intending to make a groove (Efshar ve'Eino Michaven). Abaye holds that Rebbi Shimon does not differentiate between heavy benches and light ones; whereas according to Rava, Rebbi Shimon permits 'Davar she'Eino Miskaven' only when it is *not* avoidable (I Efshar ve'Eino MKichaven) but not when it *is* (Efshar ve'Eino Michaven).

(a) In the second Lashon, Abaye and Rava establish the Machlokes between Rebbi Yehudah and Rebbi Shimon even when it could be avoided, and one did not specifically intend to benefit from it (Efshar ve'Eino Michaven - which Rebbi Yehudah permits, and Rebbi Shimon forbids).

(b) Abaye and Rava will now argue by when it is unavoidable but when he specifically intend to benefit from it (I Efshar u'Michaven) - according to Rebbi Yehudah; Abaye holds that the criterion according to Rebbi Yehudah, is Efshar or I Efshar. Wherever it is unavoidable, Rebbi Yehudah permits, says Abaye. Rava however, holds that Rebbi Yehudah may be strict by Eino Michvaven like Michaven by Efshar, but that does not mean that he will be lenient to make Miskaven like Ein Miskaven by Lo Efshar.

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