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Makos 11

MAKOS 11-15 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) [line 1] LESHON AZAH - strong (harsh) speech
2) [line 1] "VA'YEDABER HASH-M EL YEHOSHUA LEIMOR, 'DABER EL BENEI YISRAEL LEIMOR...'" - "HaSh-m spoke to Yehoshua, saying, 'Speak to the people of Yisrael, saying, "Assign for yourself cities of refuge, about which I spoke to you [by the hand of Moshe.]" (Yehoshua 20:1-2)

3) [line 5] "DIBER HA'ISH ADONEI HA'ARETZ ITANU KASHOS..." - "The man, who is the lord of the land, spoke roughly to us, [and took us for spies of the country.]" (Bereishis 42:30)

4) [line 6] "[AZ] NIDBERU [YIR'EI HASH-M ISH EL RE'EHU...]" - "[Then those who fear HaSh-m] spoke [to one another, and HaSh-m hearkened, and heard it, and a book of remembrance was written before Him for those who feared HaSh-m and for those who took heed of His Name.]" (Malachi 3:16)

5) [line 6] LESHON NACHAS - pleasant speech
6) [line 7] "YADBER AMIM TACHTENU..." - "He subdues nations under our dominion [and kingdoms beneath our feet.]" (Tehilim 47:4) - In this verse the word "Yadber" refers to (a) pleasantness and humility or (b) subduing.

7) [line 8] SIMANI RABANAN (MEHEMNI) [MEHEMNA] (V'SAFRI) [V'SAFRA] - this is a mnemonic device to remember the names of the Tana'im who are mentioned in the following lines of the Gemara who argue with Rebbi Yehudah. ("Siman" is spelled with an additional letter "Yud" to hint to Rebbi *Y*ehudah. The Girsa changes are those of the PORAS YOSEF.)

1. *Rabanan* (line 9)
2. Rebbi *Nechemyah* (line 12); the Poras Yosef writes that the Girsa should either be "Nechemyah" instead of "Mehemna" or that the word "Mehemna" has a similar root as the name "Nechemyah."
3. Rebbi Meir, who was a *Sofer* (Eruvin 13a and Gitin 67a) (line 19). (It is possible that these Tana'im are all one and the same person and the Siman describes the different names by which he is called. The Rabanan of Rebbi Yehudah is very often Rebbi Meir (Yoma 12a), and Rebbi Nehorai and Rebbi Meir are both nicknames for Rebbi Nechemyah (Eruvin 13b, according to the simple meaning of the Gemara) -- YT)

8) [line 10] SHIHAM - (lit. he caused them to wait) Yehoshua did not establish the cities of refuge immediately after the conquest of Eretz Kena'an, but only after HaSh-m's directive

9a) [line 13] SHEMONAH PESUKIM - [the last] eight verses [of the Torah, which relate the death of Moshe (Devarim 34:5-12)]
b) [line 13] AREI MIKLAT - [the verses referring to the] cities of refuge (Yehoshua 20:1-9)

10) [line 18] SEFER SHE'TAFRO B'FISHTAN - a Sefer Torah that was sewn with linen threads instead of Gidin (sinews of Kosher animals)

11) [line 22] HALACHAH L'MOSHE MI'SINAI - the laws passed orally to Moshe Rabeinu at Mount Sinai

12) [line 22] L'TOFRAN B'GIDIN - to sew them with sinews
13) [line 24] KI ISKASH, L'MUTAR B'FICHA - they (Sifrei Torah and Tefilin) are compared with regard to [the Halachos that they must be constructed from animals that are] "permitted for your mouth" (i.e. Kosher animals)

14) [line 24] L'HILCHOSAV LO ISKASH - for specific Halachos we do not compare [Sifrei Torah to Tefilin, such as the Halachah that they may not be sewn with linen thread] (the Girsa in RASHI DH l'Hilchoseihen should be changed from "Gufaihu *Lo* Gamrinan" to "Gufaihu *v'Lo* Gamrinan" -- DBZ)

15) [line 25] BEI CHAVIVI - of the house of Rebbi Chiya (lit. my beloved one), Rav's uncle. Rav's father Aibo was Rebbi Chiya's brother from the same father. However, they did not share the same mother. Aibo married Rebbi Chiya's sister from his mother, and as such, Rav was the son of Rebbi Chiya's brother and sister (Sanhedrin 5a)

16) [line 26] KISNA - linen

17a) [line 27] MASHU'ACH B'SHEMEN HA'MISHCHAH - [the Kohen Gadol who is] anointed with the Shemen ha'Mishchah (see next entry)

(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 "Shiv'as 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 (Shemos 30:22-33), 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 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 final years of the first Beis ha'Mikdash and all of the years of the second Beis Ha'Mikdash. The Kohanim Gedolim at the time of the second Beis ha'Mikdash are called Merubeh Begadim because they were consecrated solely by wearing the Bigdei Kehunah for seven days.

18) [line 28] SHE'AVAR MI'MESHICHUSO - [a Kohen Gadol] who is removed from his position to which he was anointed
(a) When an incumbent Kohen Gadol becomes unfit to perform the Avodah in the Beis ha'Mikdash, another Kohen Gadol is appointed as a temporary replacement. After the reinstatement of the incumbent Kohen Gadol, his replacement becomes a "Mashu'ach she'Avar" and he is forced to step down.
(b) He no longer does the Avodah as a Kohen Gadol to prevent Eivah (enmity) of the present Kohen Gadol (until the present Kohen Gadol dies, when the Mashu'ach she'Avar may take his place). He also does not perform the Avodah as a Kohen Hedyot because Ma'alin b'Kodesh v'Lo Moridin (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). (If the original period of replacement lasted for some years, the returning Kohen Gadol does not have the power to remove his replacement entirely; rather, both of them continue to serve as Kohanim Gedolim -- TOSFOS to Nazir 47a DH v'Chen.)

19) [line 28] MACHZIRIN ES HA'ROTZE'ACH - cause the [unintentional] murderers to return [to their homes -- see Background to Makos 7:10:b]

(a) There is a Mitzvah to appoint a Kohen at the onset of a war to speak to the soldiers and encourage them. This Kohen is anointed with the Shemen ha'Mishchah, and is therefore called the Meshu'ach Milchamah.
(b) Before the soldiers leave Eretz Yisrael for the front, the Kohen reads the verses in Devarim (20:5-7) which order certain people to return to their homes. These people are: 1. a person who recently built a house but did not yet consecrate it; 2. a person who recently planted a vineyard but did not yet redeem the fourth-year fruits; and 3. a person who recently betrothed a woman but did not yet marry her. A Shoter (officer) present also reads the next verse (ibid. 20:8) that instructs all of those who are afraid of the battle (because of their personal sins) to return to their homes, lest they instill fear in the rest of the soldiers going to battle. (This interpretation of the word "afraid" follows the opinion of Rebbi Yosi ha'Gelili or Rebbi Yosi (Mishnah to Daf 44a). Rebbi Akiva (ibid.) takes this verse literally.)
(c) Before the onset of each battle, the Kohen admonishes the soldiers not to fear the battle, reading verses 20:3-4. He encourages them that even if their only merit is the fact that they read Keri'as Shema twice daily, this is enough to save them. (RAMBAM Hilchos Melachim 7:1-3, SEFER HA'CHINUCH #526)

21) [line 31] MESAPKOS - supply
22) [line 36] "... LA'SHUV LA'SHEVES BA'ARETZ..." - "[And you shall take no ransom for him who has fled to his city of refuge,] that he should come back to live in the land, [until the death of the Kohen [Gadol]." (Bamidbar 35:32)

23) [line 37] MATZLU - pray
24) [line 37] "KA'TZIPOR LA'NUD, KA'DEROR LA'UF, KEN KILELAS CHINAM LO SAVO." - "Like a wandering sparrow, like a flying swallow, a curse that is causeless will not come." (Mishlei 26:2) - Even though the word "Lo" in the verse translates (through "Keri u'Chesiv") as "to him," i.e. the curse reverts to the one who curses, our Gemara uses it in the sense of the Kesiv, that it "will not come."

25) [line 38] SABA - elder
26) [line 38] PIRKEI D'RAVA - the lecture of Rava

27a) [line 40] TUVYAH CHATA, V'ZIGUD MANGID?!- Tuvyah sinned and Zigud gets lashed?! (A person named Zigud appeared before the Beis Din of Rav Papa and testified that another person named Tuvyah sinned. Since no one else saw the event, Rav Papa ruled that Zigud should be whipped for speaking Lashon ha'Ra. Zigud protested, saying, "Tuvyah sinned and Zigud gets whipped?" Since that incident this phrase became a folk saying whenever one person received a punishment for someone else's sins.)
b) [line 40] SHECHEM NASIV U'MAVGAI GAZIR?! - Shechem took [Dinah as a wife] and Mavgai (a Samaritan name, see Eruvin 64b, used to refer to an inhabitant of the city of Shechem) was circumcised?! (the explanation of this is similar to that of the previous entry)

28) [line 42] V'LO ISHTA'I ELIYAHU BA'HADEI - and Eliyahu ha'Navi did not [appear to him and] talk with him

29) [line 43] ACHISOFEL - advisor to King David who later aided Avshalom in the revolt against his father (Shmuel II 15:12-17:23). He is one of the four non-royal personages who have no Chelek la'Olam ha'Ba (no portion in the World to Come) (Sanhedrin 90a, 106b)

30) [line 43] B'SHA'AH SHE'KARAH DAVID SHITIN - at the time that King David dug the Shitin, a hollow located under the place where the Mizbe'ach of the Beis ha'Mikdash would eventually be built, into which the water and wine libations flowed

31) [line 43] KAFA TEHOMA - the waters of the depths of the earth rose [and came out of the hole that he dug]

32) [line 43] BA'A L'MISHTEFA L'ALMA - and they were going to flood the world
33) [line 44] LICHTOV SHEM A'CHASPA - to write a Name [of HaSh-m] on a piece of pottery

34) [line 44] U'MISHDA A'TEHOMA D'LEIKU A'DUCHTEI - and throw it down into the waters of the depths so that it comes to rest in its place (the hole that was opened)

35) [line 46] SHEMI SHE'NICHTAV BI'KEDUSHAH YIMACHEH AL HA'MAYIM - My Name that was written in holiness should be erased on the water (MEI SOTAH)
(a) A Sotah is a woman who is suspected of committing adultery because she was warned by her husband not to seclude herself with a certain man and she violated the warning. The process of warning her in front of witnesses is called Kinuy. The witnesses who see her seclude herself with the suspected adulterer are called Eidei Stirah. The time of seclusion must be at least for the time that it takes to roast an egg and swallow it. The woman is forbidden to her husband and the alleged adulterer until she drinks Mei Sotah (see (d), below).
(b) The husband must bring his wife to the Beis ha'Mikdash to perform the ceremony of the Mei Sotah. On the way there, Beis Din appoints two Torah scholars to accompany them to make sure that they do not engage in marital relations, which are forbidden to them. Moreover, if the couple does have marital relations at this point, the Mei Sotah will not work, since the husband must be "Menukeh me'Avon," clear (lit. cleaned) of sin for the ceremony to work. The Gemara (Sotah 47b) explains that this means that he did not have relations with his wife from the time that she became prohibited to him or with any other woman (ever) who was prohibited to him (RASHI to Sotah ibid.)
(c) The couple brings a sacrifice consisting of 1/10 of an Eifah (approx. 2 quarts) of barley meal as a Minchah offering. In the Azarah of the Beis ha'Mikdash, a Kohen reads Parshas Sotah, the portion of the Torah describing the curses with which a Sotah is cursed, out loud (in any language that the Sotah understands) and makes the Sotah swear that she has been faithful to her husband.
(d) An earthenware jug is then filled with half a Lug of water from the Kiyor, and dirt from the floor of the Azarah is placed on top of the water. Parshas Sotah (that contains numerous appearances of Hash-m's name) is written on parchment and then immersed in the water, which causes the ink to dissolve, erasing the Holy Names. The Sotah afterwards drinks from the water. If she was unfaithful to her husband and allowed herself to become defiled, the water would enter her body and poison her, causing her belly to swell out and her thigh to rupture. If she was faithful to her husband, she remained unharmed and would be blessed that she would become pregnant (Bamidbar 5:11-31). In times when there is no Mei Sotah such as in the present day, she must be divorced and does not receive her Kesuvah.

36) [line 46] SHADI A'TEHOMA; NACHAS, V'KAM A'DUCHTEI - he threw it down into the waters of the depths; it came to rest in its place (the hole that was opened)

37) [line 47] "VA'ACHISOFEL RA'AH KI LO NE'ES'SAH ATZASO VA'YACHAVOSH ES HA'CHAMOR VA'YAKOM VA'YELECH EL BEISO EL IRO VA'YETZAV EL BEISO VA'YECHANAK..." - "And when Achisofel saw that his counsel was not followed, he saddled his donkey, and arose, and went home to his house, to his city, and put his household in order, and hanged himself, [and died, and was buried in the burial cave of his father.]" (Shmuel II 17:23) - King David and his men were weary from being chased by Avshalom in his revolt against his father (Shmuel II 16:14). Achisofel advised Avshalom to attack King David and his men that night, claiming that they would be successful and that he personally would kill King David (ibid. 17:1-3). HaSh-m, however, caused Avshalom to accept the advice of Chushai ha'Arki (ibid. 17:14), who, in order to save King David, craftily suggested that Avshalom needed to delay the battle until he collected a vast army from all over the land (ibid. 17:7-13). When Achisofel saw that Avshalom did not take his advice he knew that Avshalom and his forces would fall in the ensuing battle. He did not want to be executed for treason by King David, so he committed suicide (RADAK to Shmuel II 17:23).

38) [line 49] ELI
(a) Eli was one of the last Shoftim of Benei Yisrael. He led the people for forty years (Shmuel I 4:18). His two sons, Chofni and Pinchas, were two of the most extremely righteous people in the history of Benei Yisrael. When Avraham Avinu gave Avimelech, king of the Pelishtim, seven of his sheep without asking HaSh-m beforehand (Bereishis 21:30), as a punishment HaSh-m informed him that Avimelech's descendents would kill seven of his exemplary descendents. Chofni and Pinchas are two of the seven listed (Bereishis Rabah 54:4). Furthermore, their names were engraved on the throne of Shlomo ha'Melech, on two golden stalks that came forth from a golden bowl that contained the pure olive oil for the Menoros of the throne (TARGUM SHENI to Megilas Esther).
(b) Even though they did sin by a certain disgrace of the sacrifices, nevertheless, this was only measured according to their lofty status. Indeed, the Gemara (Shabbos 55b) states that anyone who claims that Benei Eli sinned with married women is mistaken. The verses that state this explicitly are part of their punishment since their actions delayed women from returning to their husbands. Had they sinned with married women, the verse (Shmuel I 14:3) would not mention that honorable Kohanim descended from them (Shabbos ibid.).
(c) The Gemara (Sanhedrin 58b) is likewise to be understood in the same vein, as it notes the verse that states that they would threaten to strike anyone who did not first give them a portion of the meat of the sacrifices to roast before the sacrifice was completed. (Note: the verses refers to the servants of the Kohanim ("Na'ar ha'Kohen," "Chatas ha'Ne'arim") who committed the offenses (see METZUDAS DAVID). The Gemara (ibid.) attributes the sins to Benei Eli themselves, either as an alternate explanation of the verses or an expression of the ultimate responsibility of the masters for their servants.) Some slight irreverence to the Korbanos on their part caused the verse to depict their sin in the most severe manner, while this is only a result of their lofty status.
(d) Besides the scandalous report of the verses, Chofni and Pinchas were also punished with death at the hands of the Pelishtim (ibid. 4:11). In addition, a curse was placed upon their descendents such that without special efforts of piety, all of their male descendents would die as young men (Rosh Hashanah 18a, based upon Shmuel I 2:33, 3:14). Our Gemara refers to the incident in which Shmuel was told by HaSh-m that Eli's family would receive this terrible punishment (ibid. 3:11-14). Eli requested that Shmuel tell him HaSh-m's message, placing a conditional curse upon Shmuel that HaSh-m should visit upon him any bad tidings contained in the message if he does not reveal it to Eli. Our Gemara states that as a result, Shmuel's sons likewise did not follow in his ways.

39) [line 49] "IM TECHACHED MIMENU DAVAR" - "if you withhold anything from him (i.e. from me)" (Shmuel I 3:17)

40) [last line] "V'LO HALCHU BANAV BI'DERACHAV..." - "[And it was when Shmuel became old that he appointed his sons as judges over Yisrael]... And his sons walked not in his ways..." (Shmuel I 8:1-3)


41) [line 1] "IM LO HAVI'OSIV ELEICHA" - "[I will guarantee him, from my hand you can demand him;] if I do not bring him [back] to you, [and set him before you, then let me bear the blame forever.]" (Bereishis 43:9) - In this verse, Yehudah is committing himself to be an Arev for the return of Binyamin to his father, Yakov.

42) [line 6] MEGULGALIN B'ARON - [detached from each other and] rolling in his coffin

43) [line 9] AL EIVAREI L'SHAFA - (O.F. esloisedure - point of dislocation of a bone, joint) - his bones went back into their places [with the cartilage and various ligaments making his skeleton whole once again]

44) [line 10] LO HAVAH KA ME'AILEI LEI LI'MESIVTA DI'REKI'A - they would not let him in (lit. bring him up) to the Heavenly Academy

45) [line 11] LO HAVAH KA YADA L'MISHKAL U'MITRACH BI'SHEMA'ATA - he did not know how to discuss Torah topics together with the Chachamim

46) [line 13] LO HAVAH YADA LI'FERUKEI KUSHYA - he did not know how to answer a question

47) [line 28] TECHUMAH - the city's limits known as the Techum Shabbos, a radius of 2000 Amos, approximately 960 meters (3147 feet) or 1,152 meters (3774 feet), depending upon the differing Halachic opinions, from the city walls

48) [line 28] ROTZE'ACH SHE'YATZA CHUTZ LA'TECHUM - the [unintentional] murderer who went out of the city limits [of the city of refuge] (according to RABEINU CHANANEL (and the implication of the Gemara) -- Daf 12a -- this Halachah applies even before the Rotze'ach has stood trial for the murder, and can be understood according to the Mishnah -- Daf 9b)

49) [line 36] NAKTINAN - we have a tradition

50) [line 40] V'NA'ASEH KOHEN BEN GERUSHAH O BEN CHALUTZAH - and witnesses testified that the Kohen Gadol was a Ben Gerushah or a Ben Chalutzah (the son of a woman who was prohibited to be married to a Kohen), rendering him a Chalal (CHALAL)
(a) The Torah (Vayikra 21:14) commands a Kohen Gadol not to marry a widow (Almanah), divorcee (Gerushah), prostitute ("Zonah" -- see Background to Kidushin 77:17) or Chalalah. An ordinary Kohen (Hedyot) is permitted to marry a widow, but not any of the other women listed above. The child from one of the above-mentioned unions is invalidated from the Kehunah, and is called a "Chalal." The Rabanan also prohibited all Kohanim from marrying a Chalutzah (see Background to Sanhedrin 18:2a), and made the children of a Kohen from a Chalutzah Chalalim mid'Rabanan.
(b) A Kohen who marries one of the women who are forbidden to him is liable to Malkus (lashes) (RAMBAM Hilchos Isurei Bi'ah 17:2). The Kohen himself does not become a Chalal as a result of the union (Rambam ibid. 19:1). However, he may not perform the Avodah of the Beis ha'Mikdash until he makes a vow not to marry these women again (and divorces the prohibited woman) (Bechoros 45b, Rambam Hilchos Bi'as Mikdash 6:9).
(c) A Chalal may not serve in the Beis ha'Mikdash, and according to some sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH 275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim (Terumos 8:1), and is not restricted with regard to the women that he is allowed to marry. Chalalim are not prohibited from coming into contact with corpses. Chalalim are not considered Kohanim with regard to the other privileges and restrictions pertaining to Kohanim, as well. As such, our Gemara discusses the ramifications of a case where a Kohen Gadol is discovered to have been a Chalal.

51a) [line 42] MESAH CHEHUNAH - the "Kehunah" has died (i.e. it is considered as if the Kohen Gadol died and as a result, the Rotze'ach does not go to Galus
b) [line 42] BATLAH CHEHUNAH - the "Kehunah" has been annulled (i.e. it is considered as if there was no Kohen Gadol at the time of the verdict and as a result, the Rotze'ach goes to Galus and does not return to his home for the rest of his life)

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