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Yoma 73

YOMA 59-88 have been dedicated to the memory of the late Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens N.Y. by his wife and daughters. Well known in the community for his Chesed and Tzedakah, he will long be remembered.

1) [line 9] MISHUM EIVAH - in order to prevent strife

When a person or object receives a higher status of holiness, we do not lower its status at a later time. We may only raise it to a higher level.

3) [line 14] PAR KOHEN MASHI'ACH
(a) The Par Kohen Mashi'ach is the young bull brought as a Korban Chatas by a Kohen Gadol who transgresses an Isur Kares thinking that the Torah did not prohibit such an act. (The bull is brought by a Kohen Gadol for the same sins that a Par He'elem Davar is brought when the people commit transgressions upon being misled by Beis Din in a Halachic matter.)
(b) The blood of the bull is sprinkled seven times on the Paroches, and is applied to the Keranos (raised corners) of the Mizbe'ach ha'Ketores in the Heichal. The Sheyarei ha'Dam (the remainder of the blood) is poured on the Western Yesod (foundation) of the Mizbe'ach while the Eimurim are offered on the Mizbe'ach ha'Chitzon.
(c) The meat of the bull, together with the other parts that are not sacrificed, is burned outside of the city of Yerushalayim (Vayikra 4:3-12). Those who carry the carcass out of the Azarah are Metamei Begadim. (According to Rebbi Shimon, Yoma 67b, those who are involved in burning the meat are Metamei Begadim.)

4) [line 14] (PAR HA'BA AL KOL HA'MITZVOS) - this term also refers to the Par Kohen Mashi'ach; one of the two terms should be erased (RASHI, HAGAHOS HA'GRA)

The Kohen Gadol offers a Minchah every day that consists of 1/10 of an Eifah of wheat flour made into twelve wafers or rolls. They were fried in olive oil in a flat pan after being boiled and baked. Half of the rolls were offered in the morning and half towards evening. They were completely burned on the Mizbe'ach (Vayikra 6:12). The Chavitin had to be brought from the money of the Kohen Gadol, but he did not have to actually offer them on the Mizbe'ach.

6) [line 16] LO PORE'A V'LO POREM (PERI'AH/PERIMAH) A mourner must let his hair grow (Peri'ah) and make a tear (Perimah) of at least a Tefach in the upper part of his clothes as is learned from the verse in Vayikra (10:6), where Aharon and his sons were instructed not to perform these Mitzvos. (RAMBAM Hilchos Avel 8:1)

7) [line 16] POREM HU MIL'MATAH - he tears the bottom of his clothes

8) [line 18] MAKRIV ONEN (ANINUS - The Halachic status of a mourner immediately after a close relative's death)
(a) A person is called an Onen mid'Oraisa on the day of death of one of his seven closest relatives for whom he is required to arrange for burial (i.e. father, mother, brother, sister, son, daughter and wife). Chazal (Zevachim 101a) learn the Halachah of Aninus from the verse, "v'Achalti Chatas ha'Yom, ha'Yitav b'Einei HaSh-m?" (Vayikra 10:19). Among the Halachos that apply to an Onen is that a Kohen who is an Onen is prohibited from doing the Avodah (divine service) in the Beis ha'Mikdash unless he is the Kohen Gadol (Vayikra 10:7, 21:1-4). Moreover, an Onen (even the Kohen Gadol) may not eat Kodshim, Terumah and Ma'aser Sheni.
(b) For a further discussion of Aninus and the difference between Aninus mid'Oraisa and Aninus mid'Rabanan, see Background to Yoma 13:5.

9a) [line 19] NOTEL CHELEK B'ROSH - he has first choice to take whatever part of the sacrifices that he chooses to eat
b) [line 19] MAKRIV CHELEK BA'ROSH - he has first choice to offer whatever part of the sacrifices that he chooses

It is forbidden for a person to enter the Mikdash or eat Kodshim if he touched an Av ha'Tumah.
(a) If he knew that he was Tamei before and after the transgression, but forgot at the time he transgressed, he must bring a Korban Oleh v'Yored. This Korban varies based on the wealth of the penitent. If he is wealthy, he brings a female sheep or goat as a Chatas. If he cannot afford this, he brings two doves or two turtledoves, one as an Olah and one as a Chatas. If he cannot even afford the birds, he brings one tenth of an Eifah of fine flour as a Minchas Chatas. (Vayikra 5:6-13)
(b) If a person knowingly enters the Mikdash or eats Kodshim while Tamei, he is liable to Kares and lashes (Vayikra 12:4, 22:3-4, Bamidbar 5:3, 19:20)
(c) The Gemara (Horiyos 9b) learns from the verse in Bamidbar (19:20) that the Kohen Gadol is exempt from the punishments for Tum'as Mikdash v'Kodashav.

11) [line 21] MERUBAH BEGADIM
(a) A Kohen who becomes the Kohen Gadol must wear the eight vestments of the Kohen Gadol and do the Avodah for seven consecutive days to indicate his consecration, as stated in Shemos 29:30 "Shivas Yamim..." (RAMBAM Hilchos Klei ha'Mikdash 4:13)
(b) The eight vestments are 1. Tzitz (forehead-plate), 2. Efod (apron), 3. Choshen (breastplate), 4. Me'il (robe), 5. Kutones (long shirt), 6. Michnasayim (breeches), 7. Avnet (belt), 8. Mitznefes (turban).
(c) The vestments of the ordinary Kohanim are 1. Kutones (long shirt), 2. Michnasayim (breeches), 3. Avnet (belt), 4. Migba'as (hat).
(d) The Kohen Gadol is also known as the Kohen Mashi'ach since he was anointed with the Shemen ha'Mishchah, the oil made by Moshe Rabeinu for anointing the Mishkan and its vessels, the Kohanim Gedolim and the kings of the Davidic dynasty.
(e) Before the destruction of the first Beis Ha'Mikdash, King Yoshiyahu ordered the Aron to be hidden to prevent its capture (Divrei ha'Yamim II 35:3). The jar of Manna (Shemos 16:32-34), Aharon's staff (Bamidbar 16:16- 26) and the Shemen ha'Mishchah (Shemos 30:22-33) were also hidden together with the Aron (Yoma 52b). As a result, there was no Shemen ha'Mishchah with which to anoint the Kohanim Gedolim during the years of the second Beis Ha'Mikdash. The Kohanim Gedolim at the time of the second Beis ha'Mikdash are called Merubah Begadim because they were consecrated solely by wearing the Bigdei Kehunah for seven days.

12) [line 22] MASHU'ACH SHE'AVAR - A Kohen Gadol who had been appointed as a temporary replacement for the incumbent Kohen Gadol during the period that he could not do the Avodah

13a) [line 26] BED'CHAVASEI - a Kohen Gadol of equal rank, the Mashu'ach she'Avar
b) [line 26] BED'ZUTAR MINEI - a Kohen Gadol of lower rank, the Mashu'ach Milchamah

14) [line 28] REBBI CHIYA BAR ABA AMARAH - Rebbi Chiya Bar Aba said it (that the Mashu'ach Milchamah wears the same eight vestments as the Kohen Gadol) in the name of Rebbi Yochanan

15) [line 30] MISHUM YEKARA D'VEI KEISAR - because of the honor of the household of the Ceasar, to whom Rebbi Avahu was close (they turned away their faces and did not tell him explicitly that Rebbi Yochanan did not say it)

16) [line 30] NEIMRU LEI MEIMAR - let them say to him explicitly
17) [line 31] NISH'AL ITMAR - the statement that the Meshu'ach Milchamah wears the vestments of the Kohen Gadol was said regarding the times that he is asked by the king for the counsel of the Urim v'Tumim

18) [line 33] VEHA'NISH'AL PANAV KELAPEI SHECHINAH - (a) looking down at the Urim v'Tumim while the person asking faces him (RASHI); (b) facing the Aron while the person asking stands behind him (RAMBAM Hilchos Klei ha'Mikdash 10:11)

19) [line 36] V'SHA'AL LO - (a) he asks such that only the Kohen hears (RASHI according to MAHARSHA and RASHASH, RABBEINU ELYAKIM) (b) he asks such that only he himself hears (RAMBAM Hilchos Klei ha'Mikdash 10:11, DEVAR SHEMUEL cited by MENAHCHEM MESHIV NEFESH)

20) [line 39] "HA'YASGIRUNI ..." - "Will the leaders of Ke'ilah deliver me into his (King Shaul's) hand? Will Shaul come down ... and HaSh-m said, 'he will come down.'" (Shmuel I 23:11)


21a) [line 9] SHE'ME'IRIN ES DIVREIHEN - they clarify their words
b) [line 9] SHE'MASHLIMIN ES DIVREIHEN - they fulfill their words

22) [line 10] SHE'LO BICHANU IM LENATZE'ACH IM LEHINATZE'ACH - they did not ask if they would be victorious or not

23) [line 11] HISKIMU - agreed [with the attempt of the tribes to vanquish the tribe of Binyamin]

24) [line 14] BOLTOS - the letters of the answer would stick out in their places (in the order of the answer -- MAHARSHA)

25) [line 14] MITZTARFOS - the letters would come together to form the words and sentences of the answer

26) [line 19] SIYU'EI HAVAH MESA'YEI BAHADAIHU - [the Kohen Gadol] would assist them (the Urim v'Tumim) [in the process of receiving an answer, through his power of Ru'ach ha'Kodesh]

*27*) [line 21] ZEH MESHU'ACH MILCHAMAH - that is, this verse means to allow anybody who is needed by the Tzibur, such as a Meshu'ach Milchamah to ask of the Urim v'Tumim (as the Mishnah writes; see Rambam Klei Mikdash 10: 12)


28) [line 26] KOSEVES HA'GASAH - a large date
29) [line 27] MELO LUGMAV - the amount of liquids that can fill two cheeks

(a) Even though one only receives Malkos (lashes) if he ate an entire k'Zayis of a forbidden food, less than a k'Zayis is forbidden by the Torah as well, according to Rebbi Yochanan. This is the Halachic ruling.
(b) This Halachah applies not only to prohibited foods, but rather to every Isur that has a specified Shi'ur. If a person transgresses the Isur with an amount less than this Shi'ur, even though he does not incur Malkos, he has still transgressed an Isur mid'Oraisa. For example, if a person writes one letter on Shabbos or cooks an amount of food less than a Grogeres on Shabbos, he has transgressed an Isur Torah.

31) [line 34] KORBAN SHEVU'AH
(a) A person can make an oath by using a name of or a reference to Hash-m and swearing to do something or not. This applies to actions that are not Mitzvos. An oath cannot take effect to enforce an act for which one is already bound by oath. A person is considered bound by the Mitzvos as if he took an oath to keep them (Mushba v'Omed me'Har Sinai). Therefore, he cannot create a Shevu'ah to override or enforce them.
(b) If he unintentionally transgresses his oath, he is required to bring a Korban Shevu'ah. The Korban Shevu'ah is a Korban Oleh v'Yored. This Korban varies based on the means of the penitent. If he is wealthy, he brings a female sheep or goat as a Chatas. If he cannot afford this, he brings two doves or two turtledoves, one as an Olah and one as a Chatas. If he cannot even afford the birds, he brings one tenth of an Eifah of fine flour as a Minchas Chatas. (Vayikra 5:6-13)
(c) If one knowingly transgresses his oath, he gets Malkos. However, if he swears *to do* something and doesn't do it, he does not get Malkos (RAMBAM Hilchos Shavu'os 4:20)

32) [line 36] MUSHBA V'OMED ME'HAR SINAI HU - a person is considered bound by the Mitzvos as if he took an oath to keep them

(a) An object that is already prohibited by one Isur Torah cannot become prohibited by a second one (Ein Isur Chal Al Isur). However, there are a number of possible exceptions to this rule which are debated by the Tana'im (Chulin 101a):

1. Isur b'Vas Achas - Two Isurim may take effect at the same instant to prohibit the same object.
2. Isur Kollel - The second Isur may take effect if it includes objects that the first Isur did not (e.g. Yom ha'Kipurim prohibits not only the eating of Neveilos, but Kosher foods as well).
3. Isur Mosif - The second Isur may take effect if it adds a new dimension of Isur to the first (e.g. it prohibits the object to people who were not included in the first Isur, or it makes the object Asur b'Hana'ah and not just Asur to be eaten).
4. Isur Chamur (according to Rebbi Yehudah) - A more stringent Isur can take effect on an object that is already prohibited by a less stringent Isur (e.g. the prohibition of Gid ha'Nasheh is more stringent than the prohibition of non-Kosher animals, since it applied to Benei Yakov when they were still permitted to eat non-Kosher animals).
(b) According to Rebbi Shimon, an object that is already prohibited can *never* become prohibited by another Isur, even if the second Isur is Kolel, Mosif or Chamur.

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