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Yevamos 104

YEVAMOS 104 & 105 (6 & 7 Adar II) - have been dedicated by Harav Avi Feldman & family in memory of his father, the Tzadik Harav Yisrael Azriel ben Harav Chaim (Feldman) of Milwaukee (Yahrzeit: 6 Adar)

1) [line 1] IR HA'NIDACHAS
A city that was led astray (Nidach) to the extent that its inhabitants willfully committed idolatry, must be destroyed. All of those who were led astray must be killed and the city burned, along with all of the possessions of its inhabitants, as stated in Devarim 13:13-19. The righteous people who were not led astray are not killed, but their possessions are burned.

2) [line 1] SHEL ZAKEN, HE'ASUY LI'CHVODO - (lit. belonging to an old man, made for his honor) a sandal that is used as part of the shrouds of a dead man

3) [line 5] MASGI BEI - walks in it
4) [line 10] RIVIM - court cases
5) [line 13] GEMAR DIN - announcement of the verdict
6) [line 16] MOK - (O.F. chalcon) sock, light shoe; made of hard felt (RASHI)
7) [line 17] RAV GUVREI - (sarcastically) how great is his strength!

8) [line 32] METZORA
(a) THE PROCESS BY WHICH A METZORA BECOMES TAMEI - When a person develops a mark that looks like Tzara'as, a Kohen must ascertain whether or not it is a Nega Tzara'as. If it is indeed a Nega Tzara'as, the Kohen tentatively pronounces him Tamei for one week, making him a Metzora Musgar (Hesger Rishon). The Kohen returns after a week to see what changes, if any, occurred to the mark. If there are no changes, the person remains a Metzora Musgar (Hesger Sheni) and the Kohen returns after the second week. If there are still no changes the Kohen pronounces the person to be Tahor. If the Kohen *confirms* the Tum'ah of the Metzora due to the appearance of Simanei Tum'ah in the mark, the Kohen pronounces him a Metzora Muchlat. A Metzora Muchlat remains Tamei until his Simanei Tum'ah go away.
(b) The names and colors of four types of marks that make a person a Metzora are 1. Baheres, which is the color of snow; 2. Se'es, which is the color of clean, white newborn lamb's wool; 3. Sapachas of Baheres, which is the color of the plaster used to whitewash the Beis ha'Mikdash; 4. Sapachas of Se'es, which is the color of the white membrane found on the inside of an egg.
(c) The Simanei Tum'ah for marks that appear on the skin (Nig'ei Basar) are: 1. the mark spreads (Pisyon); 2. at least two white hairs (Se'ar Lavan) grow inside the mark; or 3. a patch of healthy skin (Michyah) appears in the middle of the Nega.
On the day that a Metzora is healed from his Tzara'as, he takes two kosher birds (Tziporei Metzora), a piece of cedar, some crimson wool and a hyssop branch. One of the birds is slaughtered over fresh spring water in a clay bowl. A Kohen dips the other bird, along with the other articles, into the spring water that is mixed with the blood and sprinkles it seven times on the Metzora. The living bird is sent away towards the fields. Both birds are Asur b'Hana'ah, but the Isur is removed from the living bird after it is sent off to the fields.
(e) The Metzora next shaves all places on his body that have a collection of hair and that are exposed, and immerses in a Mikvah. He is now considered Tahor to the extent that he may enter a settlement, but marital relations are forbidden (Mo'ed Katan 7b). He waits seven days, and on the seventh day he once more shaves and immerses. He is now completely Tahor but is still a Mechusar Kaparah (see Background to Yevamos 74:7).
(f) On the eighth day, the Metzora must bring Korbanos to complete his Taharah. The animals Korbanos are two male sheep and one female sheep. One of the male sheep is offered as an Olah, the other as an Asham. The female sheep is offered as a Chatas. If he could not afford to buy all these animals, he is called a poor Metzora. The poor Metzora brings two turtledoves or two common doves as the Olah and the Chatas; however, a sheep is still brought as his Asham.
(g) The Metzora also brings a Log of olive oil to the Beis ha'Mikdash as part of his purification process. A Kohen lifts up and waves (Tenufah) the live Korban Asham with the Log of oil resting upon it. After the Asham is slaughtered, some of the blood is placed on the body of the Metzora: on the middle section of cartilage of the Metzora's right ear, on his right thumb and on his right big toe. These parts of his body must be in the Azarah at the time that the Kohen applies the blood. For this purpose he stands in the gate of Nikanor (TY #18; the eastern gate of the Azarah, named for the man who donated the brass doors of the gate (see Yoma 38). Although all of the other gates of the Azarah had the Kedushah of the Azarah, Sha'ar Nikanor only had the Kedushah of Har ha'Bayis. The Chachamim arranged this so that the Metzora could stick his head, right hand and right foot into the Azarah while standing under the awning of the gate.
(h) After all of the Korbanos were offered, a Kohen pours some of the oil in his left hand and sprinkles it seven times towards the Kodesh ha'Kodashim. He must dip his right finger in the oil each time. Oil is also put on the body of the Metzora, on the places where the blood of the Asham was placed. The remainder of the oil in the Kohen's hand is placed on the Metzora's head. The rest of the Log which was not poured into the Kohen's hand was given to the Kohanim, and must be consumed by male Kohanim in the Azarah (it is one of the Kodshei Kodashim). (RAMBAM Hilchos Mechusarei Kaparah 4:2-3)

9) [line 33] RETZI'AH (EVED IVRI NIRTZA - a Jewish slave whose ear has been pierced who works for his master until the Yovel year)
(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 Shemitah or Yovel years, whichever of the three comes first (ibid. 21:2-4).
(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 continues to serve his master until the Yovel year (ibid. 21:6). This Halachah only applies to slaves who were sold by Beis Din and not to slaves who sell themselves (RAMBAM Hilchos Avadim 3:6).

10) [line 35] MUCHLEFES HA'SHITAH - (a) the opinions of the Rabanan and Rebbi Elazar [in the Mishnah] have been mistakenly interchanged and should be switched (see MITZPEH EISAN); (b) the opinions of the Rabanan and Rebbi Elazar [in the Beraisa] have been mistakenly interchanged and should be switched (YERUSHALMI, cited by the MITZPEH EISAN); (c) Rebbi Elazar changed his opinion from what he held previously (M. Kornfeld, based on RASHI to Eruvin 99a)

11) [line 36] MUFNEI
(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 (Lemedin v'Ein Meshivin), 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.


12) [line 7] CHALTZAH BI'SHENAYIM, O BI'SHELOSHAH V'NIMTZA ECHAD MEHEN KAROV O PASUL - if she performed Chalitzah in the presence of two judges (who were qualified), or in the presence of three judges - one of whom was later found to be a relative or disqualified

10) [line 19] PUMAIHU HU D'CHA'IV LEHU - (lit. their mouths hurt them) the fact that they cannot talk is a side point; it does not show that they do not posses intelligence

(a) Regarding a Minchah that is a Nedavah (voluntary meal offering), the Torah states "v'Chol Minchah Velulah va'Shemen" (Vayikra 7:10), from which we learn that the oil that is poured onto the Minchah should be mixed throughout. Nevertheless, if the oil wasn't mixed throughout, the Minchah is still Kesheirah.
(b) However, if someone brings so much flour that it is *impossible* for the oil to be mixed throughout, the Minchah is Pesulah. Therefore, the Mishnah (Menachos 103b) states that if someone brings a Minchah to be offered on the Mizbe'ach, it may not contain more than sixty Esronim of flour.
(c) Similarly, even if the Yavam and Yevamah do not read the verses pertaining to Chalitzah, the Chalitzah is nevertheless valid, as long as they are able to speak.

(a) A Matir is something that must be done in order to permit something else. For example, the Shechitah and Zerikas ha'Dam of the Kivsei Atzeres are considered Matirim because they permit the Shtei ha'Lechem (the two loaves of bread) that are brought with them to be eaten. The Shtei ha'Lechem are only permitted if both Matirin are carried out properly.
(b) According to Rebbi Elazar, if only one Matir was preformed properly, it has no effect. Similarly, if only Rekikah was performed, and not Chalitzah, the Yevamah should not be forbidden to the other brothers. According to Rebbi, if only one Matir was performed correctly, it has an effect; e.g. if the Shechitah was done properly but not the Zerikah, the Shtei ha'Lechem are Kadosh v'Eino Kadosh. That is, the loaves are Kadosh to the extent that they can no longer be redeemed and if they leave the Azarah they become forbidden (Yotzei) but they are not permitted to be eaten.

14) [line 36] KIVSEI ATZERES
The Torah commands to bring a Minchah offering on Shavuos called the Shtei ha'Lechem (Vayikra 23:16-17). Besides Korbenos Olah, two sheep that are Zivchei Shelamim are to be offered in conjunction with the Shtei ha'Lechem (ibid. 23:19). (These sheep were the only Shelamim brought by the Tzibur, and the only Shelamim that were Kodshei Kodshim.)

(a) "Lishmah" is one of the Halachos that apply to Korbanos. This Halachah specifies that all of the actions that are performed on the Korban (the "Avodos") must be done with the intent of offering it as the specific type of Korban for which it was designated, and for the sake of the owners who dedicated it. For example, if Reuven brings a Korban Olah, the Kohen must perform the Shechitah for the sake of Reuven's Korban Olah.
(b) Four Avodos of the Korban must be performed Lishmah: Shechitah, Kabalas ha'Dam, Holachah and Zerikas ha'Dam.

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