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Yevamos 114

YEVAMOS 113 (Purim in Yerushalayim) and YEVAMOS 114 - have been generously dedicated by Dick and Beverly Horowitz of Los Angeles. May they be blessed with a life of joy and much Nachas from their very special children and grandchildren.

1) [line 1] DEVAR TALI V'TALYA - take some boys and girls [to the spot where you lost the keys]

2) [line 1] V'LITAILU HASAM - and let them wander around and play there

3) [line 2] KATAN OCHEL NEVELOS EIN BEIS DIN METZUVIN L'HAFRISHO - Beis Din is not obligated to prevent (lit. "separate") a child from eating Neveilos
(a) The Torah exempts a Jewish minor (boy under the age of 13, girl under the age of 12) from the performance of Mitzvos.
(b) Our Gemara brings up the question as to whether or not Beis Din is obligated to make sure that minors do not transgress any Torah prohibition, in order that the child not become accustomed to transgressing and continue when he becomes an adult.
(c) Whether or not Beis Din is obligated to prevent a child from sinning, everyone agrees that the father of the child is obligated to teach his child the ways of the Torah and the Mitzvos. (Some maintain that this obligation applies only to positive commandments.) Similarly, if the child is transgressing a prohibition in order to bring benefit to another Jew, Beis Din certainly must stop him from transgressing. See Insights.

4) [line 6] ATZITZ SHE'EINO NAKUV - An Atzitz she'Eino Nakuv is a flowerpot without a drainage hole (which does not receive sustenance from the ground underneath it).
(a) Certain Halachos apply only to items that are attached to the ground (such as the Isur of "Tolesh" on Shabbos) or that are not attached to the ground (such as the Isur of an item that was worshipped as Avodah Zarah, the Kinyan of Meshichah, Hechsher Zera'im or Tum'as Ochlim). In addition, a Halachah sometimes applies only to plants that are attached to the ground of Eretz Yisrael (such as Terumos and Ma'asros) or to plants that are planted in a specific field (such as Kil'ayim).
(b) Regarding all of the above-mentioned Halachos, the rule is that a plant planted in a flower pot with a hole in it is considered to be planted in the earth below the flowerpot's hole. If the flowerpot does not have a hole in it, the plant is considered to be detached from the ground, and is equated with all other moveable assets ("Metaltelim," or chattels). (This is the opinion of the Chachamim. Rebbi Shimon disagrees and equates a flowerpot with a hole in it to a flowerpot without a hole. He considers them both to be detached from the ground for all matters except for Hechsher Zera'im, Shabbos 95a.)
(c) If the flowerpot has a hole in the side, some consider it to be the same as a flowerpot with a hole in its bottom. Some distinguish between a flowerpot made of earthenware (Cheres) and one made of metal or stone, ruling that what grows in an earthenware flowerpot is considered to be attached to the ground even if the flowerpot has no hole (see Rishonim, Gitin 7b).

5) [line 7] KARMELIS (The Four Reshuyos of Shabbos)
There are four Reshuyos (domains) with regard to the Halachos of Shabbos: Reshus ha'Rabim; Reshus ha'Yachid; Karmelis; Makom Petur.

(a) RESHUS HA'RABIM (the public domain) includes 16 Amah wide thoroughfares or streets that are open at both ends, and open plazas that can hold many people at the same time. (According to some Rishonim, 600,000 people must use the area for it to be considered Reshus ha'Rabim, see Insights to Shabbos 6b.)
(b) RESHUS HA'YACHID (the private domain) is comprised of areas that have an area of at least four by four Tefachim and are enclosed by a ten Tefach high partition on at least three sides, such as enclosed yards, or ditches with these dimensions (since the vertical wall of the ditch acts as a partition). A ten Tefach high mound that is 4 by 4 Tefachim wide at its top is also a Reshus ha'Yachid. Reshus ha'Rabim and Reshus ha'Yachid are Reshuyos that are recognized by the Torah. Transferring from one to the other is prohibited mid'Oraisa.
(c) KARMELIS is the term that the Rabanan gave to certain places and objects that bear similarities to both Reshus ha'Rabim and Reshus ha'Yachid, even though they do not meet all the requirements for either of them. The Rabanan decreed that a Karmelis is to be given the properties of both Reshus ha'Rabim and Reshus ha'Yachid, whichever is more stringent in any given situation, in order to prevent a person from doing a Melachah mid'Oraisa. Some examples of Karmelis are the sea, a desert, and an area in Reshus ha'Rabim that is four by four Tefachim but with a height not greater than ten Tefachim, such as a raised platform, pole, or fenced in area.
(d) MAKOM PETUR, in general, are those places and objects that do not fulfill *any* of the above requirements. Transferring from them to one of the other three Reshuyos is permitted (as long as one does not transfer from Reshus ha'Yachid to a Makom Petur, and then from there to a Reshus ha'Rabim, or v.v.). Some examples of Makom Petur are a doorstep with an area less than four by four Tefachim, a pole in Reshus ha'Rabim with an area less than four by four Tefachim and a height not greater than ten Tefachim and the air above Reshus ha'Rabim (above a height of ten Tefachim). See Shabbos, Charts #1-2.
6) [line 14] CHAVER
A person is called a Chaver if he accepts upon himself four things: 1. never to give Terumah and Ma'asros to an Am ha'Aretz; 2. never to prepare Taharos in the vicinity of an Am ha'Aretz; 3. to always eat Chulin b'Taharah; 4. to take Ma'aser from all produce that one eats, sells and buys (Tosefta Demai 2:2-3). The Gemara in Bechoros 30b explains exactly how one goes about accepting this distinguished status.

7) [line 16] EIN ZAKUK LO - he (the Chaver) does not have to take the fruits away from his son in order to separate Terumos and Ma'asros from them (after his son came home from the grandfather's house with fruits)

8) [line 17] DEMAI
(a) Produce bought from an Am ha'Aretz (an unlearned Jew who is lax in his Torah-observance - see Berachos 47b) is referred to as Demai ("Da Mai?" = "what is this?").
(b) Terumas Ma'aser, and Ma'aser Sheni must be separated from this produce since a minority of Amei ha'Aretz cannot be trusted to have separated them before selling it. Terumah Gedolah, however, (because of its stringency) is presumed to have been separated. Ma'aser Rishon and Ma'aser Ani are separated from the produce, but eaten by the owner (in keeping with the principle "ha'Motzi me'Chaveiro Alav ha'Re'ayah").

9) [line 20] KAI HACHAH MADCHEI, KAI HACHA MADCHEI - if one source seems to show that he holds one side (Katan Ochel Nevelos Beis Din Metzuvin l'Hafrisho), it is possible to refute the proof; if another source seems to show that he holds the other side (Ein Beis Din Metzuvin l'Hafrisho), it is possible to refute that proof, also (since in reality he is in doubt)

10) [line 25] V'EIN CHOSHESHIN B'YONEK SHEKETZ - that is, and we need not prevent him from eating foods that are prohibited

11) [line 31] BA'I UMDENA - needs an estimate (of how sick he is). [On Shabbos, with regard to actions that are prohibited on Shabbos, the estimate is to determine whether he can wait until Motza'ei Shabbos. On weekdays, with regard to foods that are prohibited, the estimate is to determine whether he can wait until Kosher food is available -- RAV SIMCHAH MI'DESVI]

(a) Mefarek is a Toldah of Dash (threshing). The Melachah of Dash consists of separating a natural product from its natural container (e.g. wheat from chaff). Milking, also, separates the milk from its natural container, the udder.
(b) Whenever a Melachah of Shabbos is done in an abnormal fashion, the transgressor is not liable to the d'Oraisa punishments. He is said to have done the Melachah kel'Achar Yad (lit. using the back of the hand).

13) [line 40] D'LO LEISFU (LEI) [LEHU] B'YADAYIM - so that they should not force-feed them with their hands



14) [line 34] KETATAH - quarreling, contention. The Gemara (Daf 116a) explains that she exclaims to her husband, "You divorced me!" when he really did not.

15) [line 39] D'AMRAH BED'DAMI - she speaks [of her husband dying] based on conjecture

16) [line 39] SALKA DA'ATA - is it feasible
17) [line 39] B'CHOL HANEI D'IKTUL HU PALIT? - that among all of those who were killed, he (my husband) survived?

18) [line 40] NATRA AD D'CHAZYA - she waits until she sees [for sure that he died]
19) [line 40] D'MACHU LEI B'GIRA - that he gets hit by an arrow
20) [line 41] O B'ROMCHA - or a spear
21) [line 41] SAMTAREI - bandages
22) [line 42] D'ASAS - who came
23) [line 43] SHAPIR AVDAS - you did well
24) [line 43] D'SHEIVSAS NAFSHICH - that you saved your own life
25) [line 43] PURSA D'NAFEFISA - the little [amount of flour] that you sifted [and left for him]

26) [line 44] MAR NAMI YADA - Sir also knows
27) [line 47] DEVER - plague, pestilence
28) [line 48] SHEV SHENIN HAVAH MOSNA - a plague may last seven years
29) [line 48] V'INISH B'LO SHENEI LO AZIL - but a person does not die before
his time
30) [last line] "MAH LI L'SHAKER?" - (lit. "Why should I lie?") a legal device with which a person's claim is believed because had he wanted to lie, there was a lie that he could have used that would have been more readily believed by Beis Din

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