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Previous daf Sotah 23
SOTAH 21-25 - These Dafim have been dedicated by Mrs. Estanne Abraham-Fauer in honor
of the first Yahrzeit (18 Teves 5761) of her father, Reb Mordechai ben Eliezer Zvi
(Weiner). May the merit of supporting and advancing the study of the Talmud be l'Iluy
1) [line 9] MISCHALELES (CHALALIM)
(a) The Torah commands a Kohen Gadol not to marry a widow, divorcee,
prostitute ("Zonah" -- see Background to Yevamos 59:8) or Chalalah (Vayikra
21:14). An ordinary Kohen is permitted to marry a widow, but not any of the
other women listed above. The child from one of the above-mentioned unions
is invalidated from the Kehunah, and is called a "Chalal." The Rabanan also
prohibited all Kohanim from marrying a Chalutzah, and made the children of a
Kohen from a Chalutzah Chalalim mid'Rabanan.
(b) A Chalal may not serve in the Beis ha'Mikdash, and according to some
sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH
275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim
(Terumos 8:1), and is not restricted with regard to the women that he is
allowed to marry. Chalalim are not prohibited from coming into contact with
corpses. Chalalim are not considered Kohanim with regard to the other
privileges and restrictions pertaining to Kohanim, as well.
(c) A widow, divorcee or prostitute who has relations with a Kohen Gadol,
and a divorcee or prostitute who has relations with a regular Kohen, becomes
a "Chalalah." Female children born through such a union are also Chalalos.
Also, any Jewish woman who has relations with a Chalal becomes a Chalalah
(even though she is permitted to have relations with him).
(d) A Chalalah is prohibited to marry a Kohen. If she does marry (and have
relations with) a Kohen, the Chalalah and the Kohen are punished with
Malkos. A Chalalah may not eat Terumah. Although a Jewish woman who has
living children from a Kohen normally eats Terumah, if she becomes a
Chalalah she may no longer eat Terumah. Similarly, although the daughter of
a Kohen normally eats Terumah until she becomes married to a non-Kohen, if
she becomes a Chalalah she may no longer eat Terumah (Yevamos 69a).
(e) There is a Mitzvas Aseh for a Kohen Gadol to marry a Besulah (Vayikra
21:13). If he transgresses this Aseh and marries a Be'ulah (who is not an
Almanah), the Tana'im argue as to whether the woman becomes a Chalalah and
whether the child is a Chalal.
2) [line 11] KODSHEI KODASHIM / KODSHIM KALIM
(a) The term Kodshei Kodashim refers to the Korbenos Olah, Chatas and Asham
(and Menachos), which have a *greater* degree of sanctity. They may only be
slaughtered in the northern part of the Azarah and may only be eaten in the
Azarah by Kohanim.
(b) The term Kodshim Kalim refers to the Korbenos Shelamim, Todah, Ma'aser
Behemah, Pesach and Bechor, which have a *lesser* degree of sanctity. They
may be slaughtered in the entire Azarah (and not only in its northern part)
and may be eaten in the entire city of Yerushalayim by men or women.
3) [line 12] PORE'A U'FOREM (PERI'AH / PERIMAH)
A Metzora, like a mourner, must let his hair grow (Peri'ah) and make a tear
(Perimah) of at least a Tefach in the upper part of his clothes as is
learned from the verse in Vayikra (13:45).
4) [line 14] MADIR ES BENO B'NAZIR
(a) If a person makes a vow to become a Nazir without stipulating a time
period, his or her Nezirus lasts for a period of thirty days. If the person
stipulates a time period, his or her Nezirus lasts for whatever amount of
time he stipulated. During this period, the Nazir is not allowed to 1. cut
his hair; 2. become Tamei by touching or being in the same room as a corpse;
or 3. consume any products of the grapevine. (Bamidbar 6:1-21, SEFER
(b) A father has the right to accept Nezirus for his son who is a minor.
Rebbi Yochanan rules that this is a Halachah l'Moshe mi'Sinai, while Reish
Lakish rules that is only in order to train his son to do Mitzvos ("Kedei
l'Chancho b'Mitzvos"). This Halachah applies only to a son and not to a
daughter, and only the father has this right, and not the mother (Nazir
5) [line 15] MEGALE'ACH AL NEZIRUS AVIV
If a Nazir dies before his vow of Nezirus ends, the Korbanos that he set
aside to offer upon the completion of his Nezirus or the money with which he
meant to buy the Korbanos may be used by his son upon the completion of
*his* Nezirus. Rebbi Yochanan rules that this is a Halachah l'Moshe
mi'Sinai. This Halachah applies only to a son and not to a daughter (Nazir
6) [line 18] MOCHER ES BITO (MECHIRAS HA'BAS)
A destitute father, under certain circumstances, may sell his daughter into
servitude to a Jewish master as long as she is a minor. The sale is for a
period of six years or until she becomes a Gedolah (when two pubic hairs
grow after she enters her 12th year) or until the Yovel year (the year after
seven Shemitah cycles), whichever comes first. During this period she is
called an "Amah ha'Ivriyah."
7) [line 19] NISKAL (SEKILAH)
(a) Arba Misos Beis Din, the four death penalties administered by Beis Din,
in their order of stringency are:
(b) According to the Rebbi Shimon (Mishnah Sanhedrin 9:3, Gemara Sanhedrin
49b), the order of their stringency is Sefreifah, Sekilah, Hereg and Chenek.
- Sekilah (stoning)
- Sereifah (burning with molten lead, which is poured down the throat)
- Hereg (killing with a sword) (Sefer ha'Chinuch #50)
- Chenek (strangulation) (Sefer ha'Chinuch #47)
(c) If a person commits two capital offences, he is put to death with the
more stringent of the two. If a number of people were sentenced to die
through different death penalties, and it is not known which sentence was
passed upon which person, Beis Din administers to all of them the least
stringent of the death penalties to which they were sentenced.
(d) Chazal instituted a practice of burying people who were sentenced to
capital punishment in two different cemeteries: one for those who were put
to death by Sekilah and Sereifah and one for those who were put to death by
Hereg and Chenek.
8) [line 20] NITLEH
The Torah states, "v'Chi Yiheyeh v'Ish Chet Mishpat Maves...Lo Salin Nivlaso
Al ha'Etz, Ki Kavor Tikberenu ba'Yom ha'Hu..." - "And if a man has committed
a sin deserving death, and he is put to death, you shall hang him on a
gallows. However, his body shall not remain all night upon the gallows, but
rather you shall bury him that day..." (Devarim 21:22-23). Rebbi Eliezer
(Sanhedrin 45b) rules that this verse refers to all convicts who are stoned.
After being executed, their dead bodies are hanged. The Rabanan argue,
claiming that a blasphemer or an idolater is the only capital offender who
is hanged after stoning.
9) [line 21] NIMKAR BI'GENEIVASO
(a) There are two ways that a Jew can be bought as a slave. Either he may
sell himself because he is destitute, or he may be sold by Beis Din to pay
back a theft. In either case he is obligated to work for his master for only
six years (Shemos 21:6) or until the Yovel year, whichever comes first
(ibid. 21:2-4). This Halachah only applies to a man and not to a woman.
(b) If at the termination of six years he expresses his desire to continue
life as a slave, the master makes the slave stand near a doorpost and
pierces his right ear and the door with an awl. The slave then must continue
to serve his master until the Yovel year (ibid. 21:6). This Halachah only
applies to male slaves who were sold by Beis Din and not to slaves who sell
themselves (RAMBAM Hilchos Avadim 3:6).
10) [line 25] EINAH OLAH KALIL - It is not entirely burned on the Mizbe'ach
A Korban Minchah that is brought by a Kohen does not need Kemitzah. The
entire Minchah is burned on the Mizbe'ach. This is learned from the verse,
"v'Chol Minchas Kohen, Kalil Tiheyeh, Lo Se'achel." - "And every
meal-offering of a Kohen shall be entirely offered; it shall not be eaten."
11) [line 26] HA'KOMETZ
(a) When an individual who is not a Kohen offers a Korban Minchah (flour
offering), a Kohen must take off a Kometz (handful), which is burned upon
(b) A Kometz is the amount that can be held by the middle three fingers when
they are pressed upon the palm. The Kohen puts his hand in the dough or
baked goods that have been consecrated by being placed into a Kli Shares,
and removes one handful. The excess of dough or baked goods that sticks out
is then wiped off by the thumb and the smallest finger until only the Kometz
(c) The Kometz is next placed in another Kli Shares, brought (Holachah) to
the southwestern corner of the Mizbe'ach (Hagashah) and then offered upon
the Mizbe'ach (Haktarah). The remainder of the Minchah (the Sheyarei
ha'Minchah) is eaten by male Kohanim.
(d) A Minchah that is brought by the Tzibur and a Minchah offered by a Kohen
are entirely burned on the Mizbe'ach
12) [line 28] KOL SHE'MIMENU LA'ISHIM HAREI HU B'VAL TAKTIRU
The Torah requires certain parts of the Korbanos to be offered on the
Mizbe'ach. These parts are collectively termed "Eimurim." It is prohibited
to offer any other part of the Korban on the Mizbe'ach. This Halachah is
learned from Vayikra 2:11.
13) [line 30] D'MASIK LEHU L'SHUM ETZIM - he offers them as if they are wood
which is being burned on the Mizbe'ach
14) [last line] BEIS HA'DESHEN
(a) There are four places associated with the Beis ha'Mikdash that are
called "Beis ha'Deshen" (ash-pile) (Zevachim 104b):
1. The first Beis ha'Deshen, also known as Mekom ha'Deshen, was located
southeast of the outer Mizbe'ach alongside the ramp, at a distance of three
Tefachim (approx. 10.5 inches) from the ramp and 10 Amos north of the foot
of the ramp. The Terumas ha'Deshen (a shovel-full of ashes lifted from the
bonfire of the outer Mizbe'ach) and ashes from the Menorah and the inner
Mizbe'ach were put there every morning. Additionally, when a bird was
brought as an Olas ha'Of, the Kohen cut out the crop and surrounding
feathers of the bird (or, according to some Tana'im, the crop and the
intestines -- Zevachim 65a) and threw them onto this Beis ha'Deshen.
(b) The Beis ha'Deshen mentioned in our Gemara is the subject of a
Macholokes. RASHI (to Yevamos 100a) states that this is the Beis ha'Deshen
of the Terumas ha'Deshen (see above, a:1), while TOSFOS (ibid.) claims that
this is the Beis ha'Deshen in the Azarah of the Pesulei ha'Mukdashin (see
2. The second Beis ha'Deshen was located immediately to the east of the
outer Mizbe'ach. It was used for burning the parts of certain Korbanos that
became Pesulim, where the Pesul occurred before the Zerikas ha'Dam. These
parts were the meat and the Eimurim of Kodshei ha'Kodashim, the Eimurim of
the Kodshim Kalim, and the Parim and Se'irim ha'Nisrafim (the oxen and goats
the remains of which were burned) (Pesachim 24a, Zevachim 104b).
3. The third Beis ha'Deshen was located on Har ha'Bayis and was used for
burning the Parim and Se'irim ha'Nisrafim that became Pesulim, where the
Pesul occurred after the Zerikas ha'Dam.
4. The fourth Beis ha'Deshen was also called the Shefech ha'Deshen. Most of
the ashes from the sacrifices burned on the outer Mizb'ach were cleared away
to the Tapu'ach, a large pile of ashes in the middle of the Mizbe'ach. The
Torah states that when this pile becomes excessively large, the ashes must
be cleared away to the Shefech ha'Deshen, the ritually clean place outside
the camp in the desert or outside of Yerushalayim where the ashes from the
Mizbe'ach are deposited (Vayikra 4:12, 6:4). The Parim and Se'irim
ha'Nisrafim that did not become Pesulim during their Avodah were also burned
in this Beis ha'Deshen.
15) [line 2] MINCHAS CHOTEI SHEL KOHANIM (KORBAN OLEH V'YORED B'DALEI DALUS)
(a) A person brings a Korban Oleh v'Yored in three specific cases: Shevu'as
ha'Edus (see Background to Yoma 74:1), Tum'as Mikdash v'Kodashav (see
Background to Nazir 17:3b) and Korban Shevu'ah (see Background to Nedarim
(b) What constitutes a Korban Oleh v'Yored varies based on the means of the
penitent. If he is wealthy, he brings a female sheep or goat as a Chatas
(Korban Ashir). If he cannot afford this, he brings two Torim (turtledoves)
or two Benei Yonah (common doves), one as an Olah and one as a Chatas
(Korban Oleh v'Yored b'Dalus). If he cannot even afford the birds, he brings
one tenth of an Eifah of fine flour as a Minchas Chatas (Korban Oleh v'Yored
b'Dalei Dalus). (Vayikra 5:6-13)
(c) The Minchas Chatas is not mixed with oil, and Levonah (frankincense) is
not sprinkled on top of it (Vayikra 5:11). When a non-Kohen brings a Minchas
Chatas, a Kometz of the flour alone is burned on the Mizbe'ach and the
Kohanim receive the Shirayim (the rest of the flour, which they must eat
before the following sunrise -- RAMBAM Hilchos Ma'aseh ha'Korbanos 10:7).
(d) The Minchas Chatas of a Kohen is the subject of a Machlokes Tana'im
(Menachos 73b-74a). According to one opinion, it is treated like the normal
Minchah of a Kohen (see entry #10 above). Another opinion rules that a
Kometz is removed and burned as in the Minchah of a non-Kohen. However,
unlike the Minchah of a non-Kohen, the Shirayim are also burned on the
Mizbe'ach. A third opinion rules that the Kometz is burned on the Mizbe'ach
and the Shirayim are burned on the Beis ha'Deshen in the Azarah. RASHI (to
Yevamos 100a) states that this is the Beis ha'Deshen of the Terumas
ha'Deshen (see above, entry 14:a:1), while TOSFOS (ibid.) claims that this
is the Beis ha'Deshen of the Pesulei ha'Mukdashin (see above, entry 14:a:2).
16) [line 35] SHOMERES YAVAM
(a) If a married man dies childless, his widow must undergo Yibum (the
marriage of a dead man's brother with his wife), as it states in Devarim
25:5-10. Chazal learn from the verses that there is a preference for the
oldest brother to perform Yibum.
(b) If the brother chooses not to marry her, he must perform Chalitzah (a
procedure in Beis Din that absolves her of the Mitzvah of Yibum - ibid.). He
appears before a Beis Din of three and states, "I do not want to marry her,"
after which his sister-in-law approaches him before the elders, takes off
his right sandal and spits in front of him. She then declares, "This is what
shall be done to the man who will not build up a family for his brother,"
and she is then free to marry whomever she wants.
(c) The *connection* of the brother to the dead man's wife, which obligates
one of the two, is called Zikah. It is comparable to the state of Eirusin
(engagement) before a marriage. The Tana of the Mishnah from Yevamos rules
that the Zikah "connects" the Yevamah with all of the brothers, not only the
oldest. While the Yevamah is waiting for Yibum or Chalitzah, she is called a
17) [last line] MAMZERES
(a) There are prohibited marital relations that invalidate the ensuing
offspring and render them Mamazerim. The Tana'im argue as to the nature of
these prohibited relations. According to Rebbi Yehoshua, they must be
relations that are punishable by Misas Beis Din. Rebbi Shimon ha'Timni rules
that all relations that are punishable by Kares, even if they are not
punishable by Misas Beis Din, produce a Mamzer (fem. Mamazeres). According
to Rebbi Akiva, even relations that are prohibited by a Lav produce a Mamzer
(Yevamos 49a). Other Tana'im argue regarding the opinion of Rebbi Akiva.
There are those who assert that he rules that only relations prohibited by a
Lav produce a Mamzer. Others hold that even those prohibited by an Aseh
produce a Mamzer (except for a Kohen Gadol who has relations with a
non-virgin -- Kesuvos 30a). The Halachah follows the opinion of Rebbi Shimon
ha'Timni, that only relations punishable by Kares produce a Mamzer (Yevamos
(b) A Mamzer is prohibited to marry into the community of HaSh-m, that is,
Jewish people of unsullied lineage. He may, however, marry a Mamzeres and a
Giyores (MISHNAH Kidushin 69a). The Tana'im and Amora'im argue as to whether
a Safek Mamzer is prohibited mid'Oraisa to marry both a Mamzeres and a
Jewess of unsullied lineage, because of the doubt, or whether he is
permitted mid'Oraisa to marry either of them, since he is not included in
the category of Mamzer that the Torah prohibited (Yevamos 37a, Kidushin 73a,