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Shabbos 132



(a) Rebbi Elazar ben Azaryah, in a Beraisa, learns that life-danger (where the *entire body* needs to be saved) over-rides Shabbos, by means of a 'Kal va'Chomer' from Milah (where it is only *one limb* which needs to be rectified). Now, if the source for Milah over-riding Shabbos was a Halachah le'Moshe mi'Sinai (as Ula contends), then we could not learn anything from it with a 'Kal va'Chomer'.

(b) Rebbi Akiva tried to learn that a Nazir needs to shave off all his hair when he becomes Tamei through a Revi'is of blood of a corpse (which *is* Metame be'Ohel) from a Tum'ah through a bone of a corpse (which is *not*) - and which we learn 'Halachah le'Moshe mi'Sinai' causes the Nazir to shave off all his hair.

(c) We cannot learn any other Limud from a 'Halachah le'Moshe mi'Sinai' - because it is the written Torah which is subject to the thirteen principles of Rebbi Yishmael, not the oral Torah.

(a) If we learned Milah with a Gezeirah Shavah from Shabbos from ...
1. ... "Os" "Os" - then (Machshirei) Tefilin too (by which the Torah also writes "Os") should over-ride Shabbos.
2. ... "Bris" "Bris" - then even Milah *after* the eighth day (by which the Torah also writes "Bris") ought to over-ride Shabbos.
3. ... "Doros" "Doros" - then even (Machshirei) Tzitzis too (by which the Torah also writes "Doros") should over-ride Shabbos - And we have learned by all three that they do not over-ride Shabbos.
(b) Rav Nachman bar Yitzchak learns that Milah over-rides Shabbos from the combination of all three: from "Os, Bris and Doros".

(c) Rebbi Yochanan learns from "Ben Shemonas Yamim" - that Milah must be performed by day and not by night.

(a) We learn from "be'Yom Tzavoso" that Korbanos may only be Shechted and sacrificed by day, and not by night.

(b) We would not have known that Mechusrei Kaparah may only be brought by day from "ba'Yom" - like other Korbanos, because we find a leniency by them: the Torah accommodates a poor man, giving him a special dispensation to bring a smaller sacrifice; so we would have said that, just as the Torah is lenient with regard to the Korban of a poor Mechusar Kaparah, so too, does the Torah permit him to bring his Korban by night. So we need the Pasuk of "ba'Yom".

(c) Since the Torah reinstated the Korban of Mechusrei Kaparah into the realm of other Korbanos, disqualifying them from being brought by night, it also reinstates it is as regards a Zar or a Kohen who is an Onan, and they remain forbidden to bring even the Korban of a Mechusar Kaparah.

(d) According to Rebbi Yochanan, in whose opinion Rebbi Eliezer needs "ba'Yom" to teach us that Machshirei Milah override Shabbos, there is no Pasuk for Milah over-riding Shabbos, which must therefore be 'a Halachah le'Moshe mi'Sinai'.

(a) Rav Acha bar Ya'akov learns from "Ben *Shemonas* Yamim" that Milah is not valid on the seventh day?

(b) Even Rav Acha bar Ya'akov agrees that we need the two Pesukim ("Ben Shemonas Yamim" and "ba'Yom"), one to invalidate the seventh day, and the other, the ninth. So how can he use "Shemini" to teach us that Milah over-rides Shabbos. That is why the Gemara reverts to Rebbi Yochanan's explanation, to learn it from "ba'Yom ha'Shemini".

(c) The Gemara initially thought that Milah over-rides Shabbos from a 'Kal va'Chomer' - without any special Pasuk, because if Milah over-rides Tzara'as, which over-rides the Avodah, which over-rides Shabbos, then it should certainly over-ride Shabbos, which the Avodah over-rides!

(d) The Gemara asks on this Kal va'Chomer: who says that Tzara'as is more stringent than Shabbos, perhaps Shabbos, which has many punishments (Sekilah, Kares, a Chatas, and Malkus), and warnings (the Torah warns many times about Shabbos) is more stringent than Tzara'as. And the reason that Tzara'as over-rides Avodah is not because it is the more stringent of the two, but because, even if he would cut off the Tzara'as, he would still not be able to do the Avodah, before the nightfall after he Toveled.




(a) Both Milah that is performed on the eighth-day and one that is performed afterwards over-ride Tzara'as, whereas it is only an eighth-day Milah that over-rides Yom-Tov, not one that is performed later.

(b) The La'av for cutting away Tzara'as is "Hishamer be'Nega ha'Tzara'as" (Ki Seitzei).

(a) The Tana initially assumed that, even without "Basar", Milah would over-ride Tzara'as - because, if Milah over-rides Shabbos, now much more so Tzara'as (this conforms with the opinion quoted above in 4d).

(b) The Gemara retracted from this contention, because of the possibility that in fact, Tzara'as is more stringent than Shabbos (like we learnt above, in 4c.)

(c) The Gemara retracts from the contention that the Asei of Milah over-rides the Lo Sa'aseh of Tzara'as, because of the principle 'Asei Docheh Lo Sa'aseh' - because that principle applies to an Asei over-riding a Lo Sa'aseh only, but Tzara'as is not just a Lo Sa'aseh, but a Lo Sa'aseh and an Asei ("Hishamer" and "La'asos ke'Chol Asher Yoru Eschem ha'Kohanim"), and it is obvious that a Lo Sa'aseh plus an Asei cannot be negated by an Asei.

(a) A Benoni - is a child who is between the ages of more than eight days and thirteen years (a Milah she'Lo bi'Zemano who is not yet Chayav Kares.

(b) Rava learns Milah bi'Zemano from a Kal va'Chomer: If it over-rides the strict Shabbos, then it will certainly over-ride the more lenient Tzara'as (See 6a.)

(c) According to Abaye, we learn a Benoni from a combination (Tzad ha'Shaveh) of Gadol and Milah bi'Zemanah.

(d) We could not have learned it from either of the two: not from the Milah of a Gadol, because he is Chayav Kares (whereas a father is not Chayav for failing to circumcise his son); and not from Milah bi'Zemanah, because it over-rides Shabbos (which Milah she'Lo bi'Zemano is not).

(a) Who says that Tzara'as over-rides the Avodah because it is more stringent, perhaps it is because, even if one were to cut off the Tzara'as, he would not be fit to perform the Avodah until the next day (because he requires Ha'arev Shemesh - like we said above in 4d.).

(b) This would be acceptable, argues Rav Safra, if the prohibition of cutting off Tzara'as was confined to Nega'im Temei'im, which then require Tevilah and Ha'arev Shemesh. But how will Rava explain his contention in the case of Tzara'as Tehorah, which is included in the prohibition of "Hishamer", but does not require Tevilah?

(c) Rav Ashi agrees with Rava in principle - that Shabbos is more stringent than Tzara'as. The reason however, that Tzara'as over-rides Avodah, is not because it is more stringent, but because an Asei only over-rides a Lo Sa'aseh when the fulfillment of the Asei is simultaneous with the transgression of the La'av, but not when one transgression precedes it - and here, he transgresses the La'av of "Hishamer", without actually fulfilling the Asei until later.

(a) Rebbi Yonasan says 'Eino Tzarich; Shabbos Chamurah Docheh, Tzara'as Lo Kol She'ken'?

(b) Rav Safra, in whose opinion Tzara'as is more stringent than Shabbos, follows the opinion of Rebbi Yashiyah (who requires the Pasuk of Basar to teach us that Milah over-rides Tzara'as). Rava, who learns this from a Kal va'Chomer from Milah Docheh Shabbos, follows the opinion of Rebbi Yonasan.

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