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Yevamos 46

YEVAMOS 46-50 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

*1*) [line 2] V'CHEIVAN D'KADAM V'TAVAL L'SHEM BEN CHORIN - that is, for Geirus
2) [line 3] AFKE'EI L'SHI'ABUDA - he has removed his bond of servitude

(a) A person may designate one of his pieces of land or possessions as security for a loan that he received or a debt that he owes without placing in the possession of the creditor. This creates a Shi'abud, or lien, on the object, such that if the debt is not otherwise repaid, the creditor can collect his debt from the security. Such a security is called an "Apotiki."
(b) The Shi'abud on the Apotiki is revoked or cancelled (and the creditor must be reimbursed through other means) in three instances:

1. If the Apotiki is an animal that is fit to become a Korban and the owner designates it as such. (That is, the owner grants the object "Kedushas ha'Guf la'Mizbe'ach." If the Apotiki itself is not fit to be brought on the Mizbe'ach, and its owner declares that it should be sold and its *value* should be Kodesh ("Kedushas Damim"), or that it should be used for filling the day to day needs of the Beis ha'Mikdash and not for Korbanos ("Kedushas Bedek ha'Bayis), this does not repeal the Shi'abud -- RASHI);
2. If the object is Chametz and the sixth hour arrives on the day before Pesach (thus prohibiting any Jew to derive benefit from the Chametz);
3. If the object is a slave and the owner frees the slave.

*4*) [line 6] SHE'KADMU AVADEHA V'TAVLU LEFANEHA - (a) her servants immersed (as all servants must) before she herself immersed (for the purpose of Geirus) -- RASHI; (b) her servants immersed before her, while she was watching them -- RIF (cited by TOSFOS CHAD ME'KAMA'I)

5) [line 13] "V'GAM MI'BENEI HA'TOSHAVIM HA'GARIM IMACHEM, MEHEM TIKNU..." - "Moreover of the children of the strangers that do sojourn among you, of them shall you buy, [and of their families that are with you, which they fathered in your land; and they shall be your possession.]" (Vayikra 25:45)

6) [line 17] "[VE'CHI SASIG YAD GER VE'SOSHAV IMACH, U'MACH ACHICHA IMO; VE'NIMKAR LE'GER TOSHAV IMACH] O L'EKER MISHPACHAS GER." - "[And if a foreigner or resident alien becomes rich by [living near] you, and your brother who dwells with him becomes poor, and sells himself to the foreigner or resident alien,] or to the offspring of the stranger's family;" (Vayikra 25:47) - Idol worship is called Eker because "Sofo l'Aker" (it is destined to be uprooted.)

8) [line 20] L'SAKFO B'MAYIM - (lit. to overpower him in the water) to force upon him an act of servitude while he is still in the water

9) [line 21] D'MINAICHU KABA'IS LEI - I will demand him (i.e. the payment of his value) from you

10) [line 22] RAMU LEI ARVISA B'TZAVAREI - they placed a halter around his neck (O.F. chevestre - halter, a rope with a noose or head stall for leading horses or cattle)

11) [line 22] ARPU LEI V'TZIMTZEMU LEI - [at times] they loosened the halter, and [at times] pressed it close to his neck

12) [line 24] BAHADEI D'DALI REISHEI - while he was lifting his head
13) [line 24] ZULTA D'TINA - a bucket or hod loaded with clay
14) [line 26] KERAGAIHU - their head-taxes

(a) A Jew who owns a non-Jewish slave (an Eved Kena'ani) may release the slave from bondage in one of two ways: by accepting payment for the slave's release, or by giving the slave a "Get Shichrur," or bill or release. If the slave is not released in one of these two ways, he is still considered to be a slave for all Halachic matters (such as with regard to whom he is allowed to marry and what Mitzvos he is obligated to keep.)
(b) Some maintain that even if a master declares his slave Hefker (ownerless), but does not give him a Get Shichrur, the slave is still considered to be a freeman with respect to Halchic matters (Yevamos 48a, Gitin 38a).

16) [line 27] IKU SHECHIVI - if I would have died now
17) [line 27] MOHARKAIHU D'HANEI - the seal of slavery of these people
18) [line 28] B'TAFSA D'MALKA MANACH - are lying in the chest of the king (O.F. escrin - chests)

19) [line 29] GAVLA - a city in the lower Galilee, possibly Gabalah, which was built by King Herod

20) [line 31] TURMUSIN - lupines, a type of pod or bean of the pea family

21) [line 33] YAYIN NESECH
(a) Wine that was poured as an idolatrous libation is Asur b'Hana'ah. This is derived from the verse, "Asher Chelev Zevacheimo Yochelu, Yishtu *Yein Nesicham*" - "Those who ate the fat of their sacrifices, and drank the wine of their drink offerings" (Devarim 32:38), which compares the wine of libations to an animal sacrifice offered to Avodah Zarah.
(b) The Chachamim prohibited the wine of a Nocri that was *not* poured as a libation (Stam Yeinam) out of fear that drinking wine together would lead to intermarriage. In order to avoid confusion between Yayin Nesech and Stam Yeinam, the Chachamim instituted that Stam Yeinam is also Asur b'Hana'ah. Although this is only an Isur mid'Rabanan, it is a very severes prohibition (see Chochmas Adam 75:1).

(a) A decree was enacted that foods that were cooked by Nochrim even in a Jew's house or in a Jew's pots are prohibited to eat. The decree was instituted to prevent intermarriage and to prevent the possibility that the Nochri might feed non-Kosher food to Jews.
(b) Only foods that must be cooked were included in the decree. If they are edible raw, the Nochri has not added to those foods a significant change to prohibit them. Furthermore, only foods that are important enough to be served to kings are prohibited if a Nochri cooked them. It is not customary to invite others to a banquet where less important foods are served. Therefore the sages did not worry that these foods would bring about a mingling of Jews and Nochrim.

23) [line 37] LECH LECH, AMRIN NEZIRA, SECHOR SECHOR; L'CHARMA LO SIKRAV! - "Go away, go away," we say to the Nazir, "go all around; do not come near the vineyard!" That is, we assume that all of their wine was touched by Nocrim and is prohibited because of the decree of Yayin Nesech

24a) [line 49] PESACH MITZRAYIM - the first Korban Pesach that was brought in the land of Egypt
b) [line 49] PESACH DOROS - the Korban Pesach that was brought by subsequent generations in Eretz Yisrael

(a) There is a general argument among the Tana'im (Menachos 62a and elsewhere) as to whether the Halachah in one particular situation may be derived by comparison to another situation in which the Halachah is dictated solely by practical impossibility ("Iy Efshar").
(b) Rebbi Eliezer compares the Korbenos Pesach brought throughout the generations to the Korban Pesach brought in Egypt. It was impossible (Iy Efshar) to bring the Korban Pesach in Egypt from money that was designated as Ma'aser Sheni (since they were not yet commanded at the time to separate Ma'aser Sheni from their produce). From this Rebbi Eliezer proves that the Korbenos Pesach of the subsequent generations must also be brought from money that is Chulin and not from money that is Ma'aser Sheni (Efshar). Rebbi Akiva argues, arguing that we cannot derive the Halachah in a scenario that is Efshar from a scenario that is Iy Efshar.


26) [line 9] U'GEMIRI - and we have a tradition
27) [line 16] MATBILIN OSO U'MAH V'CHACH - we let him immerse in the process of conversion, and it does not matter [that his Bris Milah may not have been performed for the sake of conversion; the immersion is enough]

*28*) [line 22] MAHU D'SEIMA, L'REBBI YEHUDAH TEVILAH IKAR - that is, we would have thought that Rebbi Yehudah requires Tevilah under all circumstances, and even if the the Ger already had Milah he still must have Tevilah.

29) [line 37] DILMA D'IKLA'U - perhaps they happened to come together at that time

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