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Yevamos 70

YEVAMOS 70 (2 Adar) - dedicated by Mr. Benayahu Krieger to the memory of his sister, Aliza Ge'ulah (Goldberg) bas Hagaon Rav Yisrael Avraham Aba.

1a) [line 25] HAREINI KAPARAS BEN BITI KUZA - [a Bas Yisrael, whose late husband was a Kohen, says,] "I am grateful to (lit. I should be the atonement for) my daughter's son who is [as insignificant as] a small earthenware cup (i.e. a Mamzer)..."
b) [line 26] EINI KAPARAS BEN BITI KADA - [a Kohenes, whose late husband was not a Kohen, says,] "I am not grateful to (lit. I should not be the atonement for) my daughter's son who is [as significant as] a pitcher (i.e. a Kohen Gadol)..."

*****PEREK #8 HE'AREL*****

2) [line 29] AREL - (a) a Kohen whose brothers died as a direct result of circumcision and who therefore cannot be circumcised (RASHI); (b) a Kohen who, of his own volition, refuses to circumcise himself (RABBEINU TAM, cited by TOSFOS YESHANIM)

A Petzu'a Daka is a man who cannot have children because his testicles are crushed. A Kerus Shafchah is a man who cannot have children because his male organ is mutilated. Both of theses men may not marry into Benei Yisrael as is stated in Devarim 23:2. They may, however, marry a convert or a freed slave (Yevamos76a).

*4*) [line 32] V'IM LO YEDA'AH MISHE'NA'ASEH PETZU'A DAKA - (the Gemara later (75a) establishes that this Mishnah is following the opinion of Rebbi Elazar and Rebbi Shimon, from the Mishnah on 56b, who maintain that a woman betrothed to a Kohen who is prohibited to her does not lose her right to eat Terumah -- see the Gemara there for further discussion of the matter.)

5) [line 36] ATARAH - (lit. crown) the raised part of the Ever
6a) [line 38] TOSHAV - lit. a temporary resident. Regarding Terumah this refers to an Eved Ivri Nirtza (a Jewish slave whose ear has been pierced) who works for his master until the Yovel year.
b) [line 38] SACHIR - lit. a hired laborer. Regarding Terumah this refers to an Eved Ivri (Jewish slave) who has been sold (or who sells himself) into slavery for six years

7) [line 47] MUFNEH - this word is free (i.e. it is not necessary for understanding the simple meaning of the verse or for any other Derashah, so it may be used to infer a Gezerah Shavah)

(a) MUFNEH MI'SHENEI TZEDADIM - If two similar words in the Torah are free of any Derashah, they may be used unconditionally for the inference of a Gezerah Shavah between the two topics.
(b) MUFNEH MI'TZAD ECHAD - If only one of the words is free, there is a Machlokes whether they may be used unconditionally for the inference of a Gezerah Shavah, or if they can only be used for a Gezerah Shavah if we have no logical argument against learning the Gezerah Shavah (Lemedin u'Meshivin).
(c) EINO MUFNEH KOL IKAR - If both words are used for another Derashah, there is a Machlokes whether they can only be used for a Gezerah Shavah if we have no logical argument not to learn the Gezerah Shavah, or if they cannot be used at all for a Gezerah Shavah.
8) [line 49] PIGUL
(a) A sacrifice that was slaughtered with the intention of eating it or offering it after its allotted time becomes disqualified. It is forbidden to eat from such a Korban as it states in Vayikra (7:18), "v'Im He'achol Ye'achel mi'Besar Zevach Shelamav ba'Yom ha'Shelishi Lo Yeratzeh, ha'Makriv Oso Lo Yechashev Lo, *Pigul* Yiheyeh." - "If [the person bringing the offering plans] to eat it on the third day, [the sacrifice] will not be accepted. It is considered Pigul (putrid, rejected) and it will not be counted in his favor."
(b) If a person eats Pigul intentionally he is Chayav Kares. If he eats it unintentionally he must bring a Korban Chatas (SEFER HA'CHINUCH Mitzvah 144). If a person eats the blood of a Korban that is Pigul, he does not transgress this prohibition.

9) [line 49] NOSAR
(a) If any meat of a Korban remains after the time that was allotted for it to be eaten, it must be burned, as it states in Vayikra (19:6), "b'Yom Zivchachem Ye'achel umi'Macharas, *veha'Nosar* Ad Yom ha'Shelishi ba'Esh Yisaref." - "It shall be eaten the same day that you slaughter it and on the next day, and anything that *remains* until the third day shall be burned in fire."
(b) If someone eats Nosar intentionally he is Chayav Kares. If he eats it unintentionally, he must bring a Korban Chatas (SEFER HA'CHINUCH Mitzvah 215).

10) [line 49] TAMEI (TUM'AS HA'GUF)
(a) Regarding a *person* who becomes Tamei the verse states, "b'Chol Kodesh Lo Siga," (Vayikra 12:4) from which we learn that it is forbidden for a person who is Tamei to *eat* Kodshim.
(b) The punishment for transgressing this Lav intentionally is Kares. If one transgresses it unintentionally he must bring a Korban Oleh v'Yored (SEFER HA'CHINUCH Mitzvah #167). If a person who is Tamei eats the blood of Kodshim, he does not transgress this prohibition.
(c) This is not to be confused with Tum'as Basar, which is also called Tamei. Tum'as Basar means that the *Kodshim*, as opposed to the person eating it or offering it, became Tamei. If an animal of Kodshim becomes Tamei, its meat is forbidden to be eaten (Vayikra 7:19). The punishment for intentionally eating meat that is Tamei is Malkos. (SEFER HA'CHINUCH Mitzvah #145)

11) [line 49] LAI, AFNUYEI MUFNEH - indeed, the words "Toshav" and "Sachir" are certainly free (for inferring a Gezerah Shavah)

12a) [line 50] KANUY KINYAN OLAM
An Eved Ivri (a Jewish slave) is obligated to work for his master for only six years. If at the termination of six years he wants to continue working for him, the master makes the slave stand near a doorpost and pierces his ear and the door with an awl. The slave then continues to serve his master until the Yovel year (Shemos 21:6).

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 Shemitah or Yovel years, whichever of the three comes first (Shemos 21:2-4).


See above, entry #7b.

14) [line 5] SHADI CHAD A'LAMED, V'SHADI CHAD A'MELAMED - use one [word] (out of the words Toshav and Sachir) for the subject into which we want to apply the Halachah (Terumah, proving that an Arel may not eat it), and one [word] for the subject from which the Halachah is learned (Korban Pesach, of which an Arel may not partake) [to provide the two Mufneh (free) words necessary to allow the Gezerah Shavah to work -- see above, entry #7a]

15) [line 12] (MA'ASI"M KERUSI"M BI'DEVA"R HA'EVE"D) - a mnemonic device listing the four points that make the law of Areilus more stingent:

1. Mechusar *Ma'aseh* and *Ma'aseh* b'Gufo - an action is missing (circumcision) and this action applies to the body of the Arel
2. Anush *Kares* - the Arel who does not circumcise himself is liable to the Kares punishment. (TOSFOS DH she'Ken suggests that it was equally possible for the Gemara to write, "*Nichresu* Aleha 13 Brisos" - the word Bris (covenant) appears 13 times when HaSh-m commands Avraham to perform Bris Milah -- Bereishis 17:2-21, representing a very strong bond between HaSh-m and Benei Yisrael)
3. Yeshno Lifnei ha'*Dibur* - it applied before the Torah was given
4. Milas Zecharav v'*Avadav* Me'akeves - the circumcision of the male members of a person's household (who are required to be circumcised) and his male slaves prevent the head of the household from bringing a Korban Pesach
16) [line 17] HANACH NEFISHAN - those [points of stringency of Areilus] are greater [in number]

17) [line 20] MA'ASER (MA'ASER SHENI)
(a) After a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop.
(b) After Terumah is removed from the produce, the first tithe to be given every year is called Ma'aser Rishon; one tenth of the produce must be given to a Levi.
(c) A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7- year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth years is called *Ma'aser Sheni*. The Torah requires that Ma'aser Sheni be brought and eaten b' Taharah by its owner in Yerushalayim. A person who is an Onen (a mourner on the day of death of one of his closest relatives -- see Background to Yoma 13:5) may not eat Ma'aser Sheni (Devarim 26:14).
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional *fifth* (of the ensuing total, or a *quarter* of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

18) [last line] BEN NECHAR - (lit. a stranger) (a) a Nochri or a Jew who does not fulfill the Mitzvos; (b) one who worships a foreign god (RAMBAM Korban Pesach 9:7)

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