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Yevamos 122

YEVAMOS 122 (Siyum!) - The Siyum of Maseches Yevamos has been dedicated by Dr. Eli Turkel (of Raanana, Israel) to the memory of his uncle, Wolf Rosengarten (of Zurich, Switzerland) Ztz'l, at the completion of the Shivah for his passing. Reb Wolf Rosengarten was a person of "Sheleimus" in every way, in Torah, in Chessed (b'Gufo and b'Memono) and in Avodas Hashem. Klal Yisrael has lost a precious gem that cannot be replaced.

1) [line 1] SHAHISA TELASA RIGLEI - she waited for three festivals (the times when Abaye came to teach the laws of each festival) [but he did not answer her]

2) [line 2] D'CHARIF SAKINA - (lit. whose knife is sharp) who has a keen intellect

3) [line 5] ORLAH
(a) In the first three years after a fruit tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.
(b) If a person eats a k'Zayis of Orlah fruit, he receives Malkos. If he derives benefit from Orlah (or any other food that is Asur b'Hana'ah), according to most Rishonim he is punished with Malkos (TOSFOS Chulin 120a DH Ela), while according to others, he is only punished with Makas Mardus, a Rabbinic institution of Malkos. (RAMBAM Hilchos Ma'achalos Asuros 8:16 -- see also Mishneh l'Melech to Yesodei ha'Torah 5:8)

4) [line 5] AZIKAH - (a) fenced in and guarded (RASHI, 1st explanation); (b) the name of a place in Eretz Yisrael known for its excellent fruits (RASHI, 2nd explanation)

5) [line 5] NETA REVA'I
(a) In the first three years after a tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23. The fruits of the fourth year are called Neta Reva'i and are Kodesh (holy) (ibid. 19:24). They must be brought to and eaten b'Taharah in Yerushalayim. Alternatively, the fruits may be redeemed (Pidyon), in which case the money used to redeem them is brought to Yerushalayim. The food that is bought with this money is Kodesh like Neta Reva'i and must be eaten b'Taharah in Yerushalayim.
(b) The Gemara (Berachos 35a) records an argument as to whether the laws of Neta Reva'i apply to all fruits or only to grapes (Kerem Reva'i). The Halachah in Eretz Yisrael follows the opinion that the laws of Neta Reva'i apply to all fruits (SHULCHAN ARUCH Yoreh De'ah 294:6).
(c) With regard to fruits that grew outside of Eretz Yisrael, there are three opinions: 1. RABEINU YONAH to Berachos 35a, quoting RI HA'ZAKEN, states that they have the same Halachah as fruits in Eretz Yisrael, and require Pidyon; 2. The RAMBAM (Hilchos Ma'achalos Asuros 10:15) rules that they do not require Pidyon; 3. GE'ONIM, TOSFOS Berachos 35a DH u'Leman and ROSH to Berachos 35a explain that the rule, "the Halachah in Chutz la'Aretz follows the opinion of those who hold the lenient opinion in Eretz Yisrael" applies to Neta Reva'i. The lenient opinion is Kerem Reva'i, where the laws of Kedushah and Pidyon apply only to grapes. Accordingly, only fourth-year *grapes* need Pidyon.
(d) The SHACH (Yoreh De'ah 294:17) concludes that *all* fourth-year fruits of Chutz la'Aretz should be redeemed without a Berachah in Chutz la'Aretz. The Vilna Ga'on (ibid. 294:28) rules like the third opinion, 3., in which case only grapes need Pidyon in Chutz la'Aretz, and a Berachah is recited on their Pidyon.

6) [line 6] L'HASHBI'ACH MIKCHO - to impress his clientele by raising their opinion about his wares

7) [line 7] TZAIDAN - a small city that was situated north of Lake Kineres, to the east of the Yarden River (not to be confused with Tzidon, Sidon, located on the southern coast of Lebanon)

8) [line 9] CHAVAL AL YEHUDI... - Alas! Regarding the Jew...
9) [line 11] KOLAR - a group
10) [line 12] ANTOCHIYA - Antioch, the ancient capital of Syria, situated on the Orontes River

11a) [line 15] KARKOM BEISAR - the siege of Beisar

b) [line 15] BEISAR
(a) Beisar was a large city in Eretz Yisrael that was destroyed by the Romans during the Jewish revolt (circa 122 C.E.). The blood of the men, women and children killed is said to have flowed into the Mediterranean Sea, which was a distance of one Mil away (Gitin 57a; according to Eichah Rabah 2:4 four Mil; alt. 40 Mil). The Gemara (ibid.) records that the non-Jews in the neighboring towns did not need to fertilize their vineyards for seven years due to the quantity of blood that flowed into the ground.
(b) At first, the Roman Government did not let the Jews bury the bodies. One emperor is said to have fenced in his vineyard with the dead bodies (Eichah Raba ibid.). After quite some time, the next emperor let the bodies be buried. It was seen as a sign of favor from HaSh-m that the Romans changed their minds, and that the bodies did not decompose before they were buried. The Chachamim established the Berachah of ha'Tov veha'Metiv to commemorate the miracles.

12) [line 19] ME'IDIN L'OR HA'NER - it is permitted to give testimony [about the identity of a dead man so that his wife can remarry, even if the witnesses only saw his body] with the dim light of a candle

13) [line 20] AL PI BAS KOL - (a) based upon the report of a voice (the origin of which is unknown, as opposed to the common usage of Bas Kol, a Heavenly voice) (TOSFOS YOM TOV); (b) even if the witnesses only heard the echo of the report of his death (TIFERES YISRAEL)

14) [line 23] TZALMON - a town in Eretz Yisrael, that was located in the hills of the lower Galil

15) [line 29] SHED - a demon
16) [line 30] DAMU - make themselves similar to the form of a person
17) [line 30] BAVU'AH - the reflected image
18) [line 30] BAVU'AH D'BAVU'AH - their image reflected twice
19) [line 31] YONASAN SHEIDA - (a) Yonasan the Demon; (b) Yonasan, the expert on demons

20) [line 32] V'DILMA TZARAH HAVAI - but perhaps it was her co-wife (trying to force her to become prohibited to their husband

21) [line 35] ISH BEIS DLI - a [former] resident of a place called Beis Dli in Eretz Yisrael, identified by some as the modern-day village Dli in the district of Chavran. This village lies 14 km northeast of Naveh, which was the home of many scholars during the end of the Second Temple period and the times of the Mishnah and Gemara (RAV B. Z. SEGAL, ha'Ge'ografiyah ba'Mishnah, Yerushalayim 5739)

22) [line 36] NUMEISI LO - and I said to him
23) [line 37] MESHUBESHES B'GAYASOS - [this country] is in confusion because of ravaging troops

24) [line 38] HIRTZESI HA'DEVARIM - when I discussed the matter
25) [line 40] TEL ARZA - the name of a place that was located in Eretz Yisrael, in the district of Yehudah, possibly the home of the family of Ben Arza (Tamid 7:3). It was the scene of Roman massacres of the Jews during the Bar Kochva revolt.

26) [line 49] TZO'AR, IR HA'TEMARIM - a city located in the Jordan Plain, probably on the southern bank of what is now the Dead Sea, mentioned in Bereishis 13:10, 19:22, and Devarim 34:3

27) [line 49] PUNDAK - an inn
28) [line 50] PUNDAKIS - a woman innkeeper
29) [line 50] NUMEIS LAHEM - she said to them
30) [line 51] V'LO SEHEI KOHENES K'FUNDAKIS? - And should a woman of impeccable lineage not be as trustworthy as an [undignified] innkeeper? (i.e. why does Rebbi Akiva not accept the testimony of a woman in the previous Mishnah while he accepts the words of the innkeeper of this Mishnah?)

31) [last line] TARMILO - (O.F. boteile) a small leather pouch


32) [line 2] U'MESICHAH LEFI TUMAH - speaking innocently
33) [line 8] KEIVAN D'CHAZITINHU BACHYA - since they saw her crying
34) [line 13] GAYAS - marauding troops
35) [line 13] V'NITLEH B'YICHUR SHEL ZAYIS - and he grabbed the branch of an olive tree
36) [line 13] U'PASHCHO - and he broke it off
37) [line 14] ARYEH, YEYASHER KOCHAHCHA - "Lion! Well done!"
38) [line 15] KEFAR SHICHIYA - Kefar Shichin, the village of Shichin (probably near Shichin, which was near Tzipori, in the Galil)

39) [line 16] DERISHAH V'CHAKIRAH (EDUS - Court Testimony)
(a) When witnesses testify in Beis Din about a specific event in order to convict the perpetrator, the judges interrogate each witness separately to determine whether their testimony is reliable.
(b) Chazal learn from the verses of the Torah (Devarim 13:15; 17:4; 19:18) that two types of questions are employed to ascertain the truth of their testimonies: Chakiros and Derishos. There is no limit to the amount and type of Derishos that are used. Chakiros, however, are limited to seven specific questions (Sanhedrin 32a).
(c) The Torah requires that the following seven Chakiros be asked (even though the answers to some of the more specific questions already answer the more general ones). These Chakiros, which are meant to ascertain the time and place of the event, are 1. During which seven-year Shemitah cycle of the Yovel did the event occur? 2. During which year of the Shemitah? 3. During which month? 4. On which day of the month? 5. On which day of the week? 6. During which hour of the day? 7. Where did the event take place?
(d) If a witness cannot answer even one of the Chakiros, his testimony is invalid. The reason for this is that when the witness makes it impossible to testify against him that he was *not* in the place in question at the time in question, we suspect that he is lying (RASHI to Pesachim 12a, and to Bava Kama 75b DH Aval Hacha).

40) [line 22] KIVEN ES DEVARAV - and he firmly established his words

*41*) [line 22] TANA'EI HI - whether or not we interrogate witnesses that testify to a person's death (in order to allow a woman to remarry) is debated by the Tana'im. (It is true that the contradictory Beraisos cited earlier *both* were quoting the ruling of Rebbi Tarfon, and in the Beraisa the Gemara is about to bring Rebbi Tarfon himself clearly rules that we *do* interrogate the witnesses. Nevetheless, the Gemara means to say that since we find a Machlokes Tana'im as to whether we interrogate the witnesses or not, it is possible that the Tana'im also argued as to what Rebbi Tarfon's opinion was on this matter -- RITVA; see also CHESHEK SHLOMO in back of the Vilna Shas.)

42) [line 25] SHE'LO TIN'OL DELES BIFNEI LOVIN - so as not to lock the door to future borrowers (not to discourage creditors who may fear that they will not get back their money on account of the excessive interrogation of witnesses, which may lead to the disqualification of their testimony)



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