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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Shabbos 139



(a) All troubles that befall Yisrael - are due to their judges.

(b) "be'Shochad Yishpotu, bi'Mechir Yoru, be'Kesef Yiksomu". - These are the three sins, all in the area of justice, for which Yisrael was punished: the first, at the hand of the leaders (the judges), the second, at the hand of the Kohanim (who are also responsible for judging), and the third, at the hand of the prophets.

(c) For these three sins they had to suffer the following three punishments: "Tziyon Sadeh Techaresh, vi'Yerushalayim Iyin Tihye, ve'Har ha'Bayis le'Bamos Ya'ar" (Michah).

(d) They were not completely destroyed because, in spite of all their sins, they placed their trust in Hashem, so Hashem did not let them down.

(a) We learn from the Pasuk "ve'Ashivah Yadi Alayich ... ve'Ashivah Shoftayich Kevarishonah ve'Yo'atzayich Kevatechilah" - that Hashem does not rest His Shechinah in Yisrael until all the corrupt judges have been destroyed.

(b) Yisrael will be redeemed on the merit of Tzedakah, as the Pasuk in Yeshayah writes "Tziyon ba'Mishpat Tifdeh, ve'Shaveha bi'Tzedakah".


1. 'I Batli Yehiri, Batli Amgushi' - means that as soon as the vain people (who wear long idolatrous hairstyles and clothes) are removed, Hashem will remove the power of the heretics from them.
2. 'I Batli Dayni, Batli Gezirfti' - means that as soon as the wicked judges cease to function, Hashem will remove the harsh gentile rulers.
1. ... the "Mateh Resha'im" - were the judges, who allowed themselves to be threatened by their officers, who would refuse to carry out the rulings of the Dayanim. unless they were paid more money (and with regard to the Dayanim, the Torah writes "Lo Saguru Bifnei Ish").
2. ... the "Shevet Moshlim" - are the Talmidei-Chachamim who appointed the Dayanim from their own families, even though they were not necessarily fit to judge; or they are the Talmidei-Chachamim who teach the Dinim that pertain to the community, to Dayanim who are ignorant.
3) The four groups referred to in the Pasuk "Ki Kapechem Nego'alu ba'Dam, ve'Etzbe'osechem be'Avon, Sifsosechem Dibru Sheker, Leshonchem Avlah Tehegeh" - are respectively: 1. the judges who would accept bribery, taking money from one of the party, and the soul (i.e. the life) of the other; 2. the scribes employed by Beis-Din, who would write false documents; 3. the lawyers, who would teach the litigants to present false arguments; 4. the litigants themselves, who would lie in Beis-Din.


(a) We learn from the Torah's description of Yosef "u'le'Kodkod Nezir Echav" - that from the time he separated from his brothers, he did not drink wine.

(b) "Vayishtu Vayishkeru *Imo*" - either means that, just as Yosef did not drink wine from the time that he separated from his brothers, neither did they; or that, although they drank wine, they did not become intoxicated.

(c) It is because Aharon felt genuine joy in his heart when Moshe, his younger brother was appointed leader of Yisrael, that he merited wearing the Choshen-Mishpat on his heart.

(a) Levi could not answer the B'nei Bashchar's Sha'alos himself - because he had just died.

(b) Rav Menashyah ruled stringently regarding putting up a canopy, ignoring the leniency of Rami bar Yechezkel quoted earlier (see 138:4c) - because the B'nei Bashchar were not B'nei Torah (and if one gave them a finger, they would take a hand).

(c) The Sha'aleh concerning planting hops in a vine-yard - was, whether hops are considered to be a vegetable (and may therefore not be sown in a vineyard), or whether they are considered a tree, and are permitted?

(d) Normally, Rav Menashyah would have ruled leniently, because of the principle 'Kol ha'Mekil be'Eretz Yisrael, Halachah Kamoso be'Chutz la'Aretz'.

(e) Rav Mesharshayah would not give a Perutah to a *Jewish* child (to plant his hops in a vineyard), since he might get into the habit of doing this, and continue to do so, even after he has grown-up. Neither would he give it to a *gentile* grown-up, since others may confuse him with a *Jewish* grown-up.

(a) Strictly speaking, one may bury a Jew who died on the first day of Yom-Tov, using gentiles to perform all the Melachos. On the second day, even Jews are permitted to bury him.

(b) No! In this regard, there is no difference between the two days of any other Yom-Tov and the two days of Rosh-Hashanah.

(c) An egg that was laid on the first day...

1. ... of Yom-Tov, may be eaten on the second day;
2. ... of Rosh Hashanah, is forbidden even on the second day (Presumably, Chazal were lenient with regard to burying a dead Jew because of Kavod ha'Beri'os).



(a) One is permitted to go into the street wearing the curtain of a canopy with its strap, but not with a Tallis with Tzitzis (including Techeles) that are not fully Kasher - because whereas the straps are *not* valuable and therefore Batel to the curtain, the Techeles of the Tzitzis *are*; they are therefore not Batel to the garment, and one will be Chayav for carrying them out.

(b) Putting up a strainer (to strain wine-dregs) is permitted on Yom-Tov - provided one first puts pomegranates (or something else that does not strain) in it.

(c) In our case, he must *first* put pomegranates in it, and only then is he permitted to use it for straining; whereas in the case of making fresh beer on Yom-Tov - even though he already has beer - no prior sign is necessary.

(d) When someone makes beer, no-one knows that he already has other beer. Consequently, Chazal permitted making beer without any prior sign that he wants the fresh beer on Yom-Tov (He is however, obligated to drink some of the fresh beer before putting it away for after Yom-Tov. Whereas, in our case, strainers are normally used for straining; so, if he wishes to put up a strainer in a way that suggests otherwise, he must first put the pomegranates inside - *before* using it to strain.

(a) Rav Huna bar Chiva claimed to be putting his garlic away (in the tap-hole of the barrel) and sleeping (in the ferry-boat).

(b) What he really wanted, was to stop up the hole in the first case, and getting a ride across the river, to guard his vineyard, in the second.

(c) Rav Ashi argued that Rav Huna bar Chiva was a Talmid-Chacham, and one does not need to worry that next time, he will do these things without Ha'aramah.

(a) Yes! One may add water to dregs that have been lying in a strainer from before Shabbos.

(b) One may also filter wine in a cloth or a wicker-work basket on Shabbos.

(c) 've'Nosnin Beitzah bi'Mesanenes shel Chardal' - means either that one is permitted to break an egg into mustard that is already being strained in a strainer on Shabbos (with the intention of coloring the mustard yellow); or that one is permitted to break an egg into a mustard-strainer (which has no mustard in it), for the yellow of the egg to strain onto other foods on Shabbos.

(d) This is not Borer, because both the yellow and the white of the egg are fit to eat, and he is not separating the yellow in order to eat it, but only for the coloring (this reason is not clear - see also Rashi above 134a DH 'Lo Mechzi').

(a) According to Rebbi Yehudah, one is permitted to prepare a cupful of Anumlin on Shabbos, a jarful on Yom-Tov and a barrel-full on Chol ha'Mo'ed.

(b) According to Rebbi Tzadok, it all depends on the guests- the more guests, the more one is permitted to prepare.

(c) Raban Shimon ben Gamliel permits pouring a barrel of wine with its dregs, into a cloth filter on Shabbos - only in the case of a barrel 'among the barrels', since all the barrels there still contain their dregs, and that is the way one drinks the wine there. Consequently, filtering it is not considered a Tikun. Elsewhere, since wine is not normally drunk un-filtered, filtering *is* considered a Tikun.

(d) Making an indentation in the cloth is forbidden, either because it is 'Uvdin de'Chol' ('weekdayish'), or because one may then come to wring out the cloth.

(a) When setting up a strainer on the mouth of the vessel - one should take care not to set it up a Tefach or more from the floor of the vessel, because that resembles making an Ohel.

(b) This is however permitted, if one only spreads the cloth half way across the mouth of the barrel.

(c) Pressing straw and wooden splinters across the mouth of a small jar - constitutes setting up a strainer, which we have learnt above is prohibited.

(d) Gently pouring the beer from one vessel to another was not forbidden to Rav Papa (on account of the final drops that dripped from the dregs), since, as far as Rav Papa (who was a beer-maker) was concerned, the final drops were of no importance, and he tended to throw them all out, together with the dregs.

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