TOSFOS DH U'CHI'DIVREI
úåñôåú ã"ä åëãáøé
(SUMMARY: Tosfos explains why the Gemara in Kesuvos only references the opinion of Rebbi Yosi, and why the Mishnah does not mention Erev Sukkos.)
úéîä ãáøéù ëúåáåú (ãó ä.) ôøéê éåí äëôåøéí ùçì ìäéåú áùðé áùáú éãçä âæéøä ùîà éùçåè áï òåó
Question: This is difficult. In the beginning of Kesuvos (5a), the Gemara asks that we should push aside a Yom Kippur that falls on a Monday due to a decree that one might slaughter a chicken on Shabbos (being that he must get ready for Erev Yom Kippur when it is a Mitzvah to eat).
åàîàé ìà ôøéê îùàø éîéí èåáéí ãäåé ìë"ò
Question (cont.): Why doesn't the Gemara ask its question from other Yomim Tovim which fall on Sunday, as everyone agrees it is a Mitzvah to eat on such days? (Why only ask according to Rebbi Yosi ha'Glili?)
åàåîø ø"ú ãáùàø òøá é"è ùåçèéï áäîåú ëãàîø äëà àáì òøá éåä"ë ìà äéå àåëìéï àìà áùø òåó åãâéí ëãàîø áá"ø âáé ääåà ãæáï ðåðà
Answer: Rabeinu Tam says that on other days that are Erev Yom Tov they used to slaughter animals, as stated here. However, on Erev Yom Kippur they only used to eat chicken and fish, as stated in Medrash Rabah regarding the person who bought a fish. (Being that the Gemara already discussed a possible Gezeirah due to the possibility of slaughtering a chicken, the comparable question asked by the Gemara is regarding slaughtering a chicken.)
åäà ãìà çùéá äëà òøá éå"è øàùåï ùì çâ
Implied Question: The Mishnah here does not discuss Erev Sukkos. (Why not?)
àåîø ø"ú îùåí ãëåìé òìîà èøéãé áñåëä åìåìá åàéï ìäï ôðàé ìäøáåú áùçéèä ëì ëê
Answer: Rabeinu Tam says that this is because everyone is busy with Sukah and Lulav, and they do not have a lot of time to slaughter animals.
TOSFOS DH U'MODEH
úåñôåú ã"ä åîåãä
(SUMMARY: Tosfos does not understand to whom Rebbi Yehudah is admitting.)
úéîä ìîàï îåãä ãàéîúé ãøáé éäåãä ìôøù äåà ëãàîøéðï áñðäãøéï áôø÷ æä áåøø (ãó ëä.)
Question: This is difficult. Who is Rebbi Yehudah admitting to? Whenever Rebbi Yehudah says, "Aimasai" he is explaining the previous opinion, as stated in Sanhedrin (25a). (Accordingly, he is not arguing at all on any previous opinion.)
83b----------------------------------------83b
TOSFOS DH KISUY HA'DAM
úåñôåú ã"ä ëñåé
(SUMMARY: Tosfos explains that the Mishnah is specifically excluding a Beheimah.)
ìîòåèé áäîä ÷à àúé ãìà úéîà ùéäà áëìì çéä
Explanation: This excludes a domesticated animal, in order that you should not say it is included (as it often is) in the law of an undomesticated animal.
TOSFOS DH B'MEZUMAN
úåñôåú ã"ä áîæåîï
(SUMMARY: Rashi and Tosfos argue regarding why the Mishnah states Kisuy ha'Dam applies whether the animal is accessible or not.)
ôé' á÷åðèøñ ãîùåí ùìåç ä÷ï àéöèøéê ìîéúðé ãúðï ì÷îï ãàéðå ðåäâ àìà áùàéðå îæåîï
Opinion #1: Rashi explains that this had to be said due to Shiluach ha'Ken, as the Mishnah later states that it does not apply to birds unless they are inaccessible (i.e. they are now owned by him).
å÷ùä ìôéøåùå ãàí ëï áëì äðé ôéø÷éï äåä ìéä ìîéúðé áàåúå åàú áðå (ìòéì ãó òç.) åáâéã äðùä (ì÷îï ãó ôè:) åáëì äáùø (ì÷îï ãó ÷â:)
Question: There is a difficulty with his explanation. If so, it should have stated this in all of the Mishnayos that have similar listings (78a, 89b, and 103b)!
åðøàä ìôøù ãàéöèøéê ìîéúðééä äëà îùåí ãëúéá (åé÷øà éæ) (ëé) [àùø] éöåã ãìà úéîà ãå÷à áàéðå îæåîï
Opinion #2: It appears that the explanation is that the Mishnah needed to specifically say this here (regarding Kisuy ha'Dam) because the Pasuk states, "that he will capture" (Vayikra 17:13). One should not think that this indicates that Kisuy ha'Dam only applies to a previously inaccessible animal.
TOSFOS DH B'MUKDASHIN
úåñôåú ã"ä áîå÷ãùéï
(SUMMARY: Tosfos explains why our Gemara must explain that Kisuy ha'Dam does not apply to bird sacrifices.)
á÷ãùé îæáç ðîé ÷à áòé ëãîåëç äñåâéà
Explanation: The Gemara is also asking its question regarding Kodshei Mizbe'ach (i.e. animals brought as Korbanos), as is apparent from our Gemara.
åàó òì âá ãäðåçø åäîò÷ø ôèåø îìëñåú (ì÷îï ãó ôä.)
Implied Question: This is despite the fact that one who rips open an animal and one who uproots its Simanim is exempt from doing Kisuy ha'Dam. (Accordingly, it seems obvious why a bird sacrifice does not have Kisuy, as Melikah is done to it, which is not a way that normally makes a bird permitted to be eaten. Why is the Gemara bothered why we do not do Kisuy to bird sacrifices?)
äééðå îùåí ãàñåø áàëéìä àáì äëà îùúøé áàëéìä áîìé÷úå
Answer: This is because regular (non Korban) birds that have Melikah done to them are forbidden to be eaten. However, a Chatas ha'Of is permitted to be eaten after Melikah.
åâáé ëñåé äãí ìà ëúéáà ùçéèä àìà ùôéëä
Answer (cont.): Regarding Kisuy ha'Dam, the Pasuk does not say it applies to birds/animals that were slaughtered, but rather whose blood was spilled (one would therefore think that it could apply to a bird sacrifice where Melikah, not Shechitah, was done).
TOSFOS DH TZARICH
úåñôåú ã"ä öøéê
(SUMMARY: Tosfos explains that a person only must place the top layer of earth on the blood, and he does not have to put down the bottom layer.)
òôø ùìîòìä îöåä ùéúï äåà ãäà ëñäå åðúâìä ôèåø îìëñåú åëñäå äøåç åðúâìä çééá ìëñåú (ì÷îï ãó ôæ.)
Opinion #1: It is a Mitzvah that he should put on the top layer of earth, as the Mishnah states later (87a) that if he covered the blood and it became revealed again, he is exempt from covering it again. If the wind covered it and it became uncovered, the Mishnah (ibid.) states he is obligated to cover it.
àáì òôø ùìîèä àéï öøéê ùéúï äåà àí éù òôø äøé ëàéìå ðúï äåà äòôø
Opinion #1 (cont.): However, he is not obligated to put down the bottom layer of earth. If there is earth already there, it is as if he put it down.
åäà ãàîøéðï ìòéì áô"á (ãó ìà.) ãîæîðé ìëåìä á÷úà
Implied Question: We said earlier (31a) that one can designate the entire valley as earth for Kisuy ha'Dam. (This indicates that one does need to physically put down earth for the bottom layer of Kisuy ha'Dam!)
äééðå áî÷åí ùäéä ä÷ø÷ò ÷ùä äéä çåôø îùåí ãáòéðï ùéäéä òôø úéçåç
Answer: This is referring to someone digging into land that was hard due to the fact that the earth used for Kisuy must be comprised of soft earth.
åîéäå ìòéì ôéøù á÷åðèøñ ùäéä îæîéðå áôä ìëê
Opinion #2: However, the Gemara earlier says that he would verbally designate the earth for Kisuy (unlike Tosfos' previous statement that this is unnecessary).
TOSFOS DH KA MOSIF
úåñôåú ã"ä ÷à îåñéó
(SUMMARY: Tosfos gives two possible explanations of the Gemara's question.)
åäà ãàîøéðï áô' ÷ãùé ÷ãùéí (æáçéí ãó ñà:) ùëùòìå áðé âåìä äåñéôå òì äîæáç ã' àîåú îï äãøåí
Implied Question: The Gemara states in Zevachim (61b) that when the people from the exiles came to Eretz Yisrael, they added four cubits to the south of the altar. (How could they have added to the dimensions of the altar?)
äúí ÷øà àùëç åãøéù îä áéú ùùéí àó îæáç ùùéí
Answer #1: They found a Pasuk there and derived from it that just as the Bayis was sixty (cubits long), so too the altar could be (up to) sixty (cubits long).
åø"ú îôøù ÷à îåñéó àáðéï åìà äåä îøåáò åäúí éìéó ãøéáåò îæáç îòëá
Answer #2: Rabeinu Tam explains that the Gemara's question that they are adding onto the building is that the altar is no longer square (not that it is not the right amount of cubits), and the Gemara in Zevachim (62a) teaches us that the altar must be square.
åàéï ðøàä ãàëúé ëùáà ìëñåú éãáé÷ òôø âí ñáéá äîæáç òã ùéäà îøåáò
Question #1: This does not appear correct, as even so when one is coming to cover the blood, he could stick earth around the altar until it is square.
åòåã ã÷øà ãøáåò éäéä äåä ìéä ìàúåéé åìà ÷øà ãäëì áëúá åâå'
Question #2: Additionally, our Gemara should have quoted the Pasuk "it should be square" (if the problem was indeed that the Mizbe'ach would not be square) and not the Pasuk, "Everything was written etc."
TOSFOS DH SHACHAT
úåñôåú ã"ä ùçè
(SUMMARY: Tosfos asks why we do not drag the blood of the Chayah elsewhere and cover it.)
úéîä ãìéâøøéä åìëñééä åëï áäîä åàç"ë çéä ãìéâøøéä åìëñééä ëãí äðéúæ åùòì äñëéï
Question: This is difficult, as one should drag the blood of the Beheimah off and cover the blood of the Chayah! Similarly, in the case of the Beheimah slaughtered before the Chayah, why not drag the blood of the Chayah off and cover it just as we do regarding blood that splatters or that remains on the knife?
TOSFOS DH D'AMAR
úåñôåú ã"ä ãàîø
(SUMMARY: Tosfos explains the Gemara's question in Menachos (103b) on Rebbi Zeira.)
îìúà ãø' æéøà áô' äîðçåú åäðñëéí (îðçåú ãó ÷â:) âáé äà ãúðï äøé òìé ñ"à òùøåðéí ëå' ëãôéøù á÷åðèøñ
Observation: Rebbi Zeira's statement was said in Menachos (103b) regarding the Mishnah where someone pledges to bring a Minchah of sixty-one Esronim etc., as explained by Rashi.
åúéîä îàé ôøéê åäà úðï àí ìà áìì ëùø ãðäé ãëùø î"î îöåä ìáìåì ìëê éáéà áùðé ëìéí ãå÷à
Question: What is the Gemara's question (in Menachos 103b on Rebbi Zeira)? The Gemara asks, doesn't the Mishnah say that if he does not mix it, the Minchah is valid? Even though the Minchah is valid, it is a Mitzvah to mix it! This is why he should specifically bring the Minchah in two vessels.
ãäà ëé àîø äøé òìé ìäáéà áëìé àçã úðï äúí ìòéì ãìà éáéà áùðé ëìéí àáì ñúí éáéà ëîå ùéøöä
Question (cont.): This is because when he says that he must bring it in one vessel, the Mishnah earlier states that he should not bring it in two vessels. However, if he makes a pledge that does not discuss the amount of vessels, he may bring it is as he wishes (as long as it is not in one vessel). (Why, then, does the Gemara ask that it should be valid anyway? Why not say instead that he should merely have to bring it in more than one vessel?)
åé"ì ãäà ñéôà ãñ"à ÷àé àäê ã÷úðé øéùà îúðãá àãí îðçä ùì ùùéí òùøåï åîáéà áëìé àçã
Answer: The end of the Mishnah regarding the sixty one Esronim is addressing the first part of the Mishnah that says that a person can donate a Minchah of sixty Isaron and bring it in one vessel.
åàí àîø äøé òìé ñ"à ëå' ëìåîø îðçä ùì ñ"à ãäùúà ëéåï ã÷àîø îðçä ì÷øáï âãåì ÷à îéëåéï åäåé ëàéìå àîø áëìé àçã ìëê ôøéê ëéåï ãàí ìà áìì ëùø öøéê ìäáéà áëìé àçã åàí àîø äøé òìé ñ"à ëå'
Answer (cont.): If he says that he must bring sixty one etc. This refers to a Minchah of sixty one Esronim. Being that he is saying he wants to bring a Minchah, he is clearly referring to bringing a massive Korban, and it is therefore as if he said he is bringing it in one vessel. This is why the Gemara asks, being that if he does not mix it is valid he should have to bring it in one vessel (two vessels would not fulfill his vow).
TOSFOS DH AIN BILAH
úåñôåú ã"ä àéï áéìä
(SUMMARY: Tosfos explains Rebbi Zeira's law.)
úéîä åäìà ùðä äëúåá áìéìä áëîä î÷åîåú åáùðéí òùø ðùéàéí úðà áéä é"á æéîðéï
Question: This is difficult. The Pasuk discusses mixing a Minchah in many places, and it mentions it twelve times when discussing the twelve offerings of the Nesi'im (in Parshas Naso).
åàîø áä÷åîõ øáä (îðçåú ãó éè.) áëì î÷åí ùäçæéø äëúåá áúåøä îðçä àéðä àìà ìòëá
Question (cont.): The Gemara says in Menachos (19a) that whenever the Torah reiterates doing something to a Minchah, it means that if one does not do so the Minchah is invalid!
åùîà éù ùåí ãøù ããøùéðï îéðéä ãáéìä ìà îòëáà
Answer #1: Perhaps there is a Pasuk that teaches us that mixing the Minchah does not cause the Minchah to be invalid.
àå ùîà ëåìäå öøéëé
Answer #2: Alternatively, perhaps all of the Pesukim discussing mixing the Minchah are needed to teach various lessons (and not to state that the lack of mixing causes a Minchah to be invalid).
åàò"â ãáéìä ìà îòëáà î"î ñáøà äåà ãëì äôçåú ãøàåé áòéðï ëéåï ùäæëéø äëúåá áéìä
Answer #2 (cont.): Even though the lack of mixing does not cause a Minchah to be invalid, it is logical that it must at least be able to be done, being that the Pasuk does not mention mixing the Minchah.
åëï ìòðéï ëñåé ãäëà åëï á÷øéàú çìéöä áôø÷ îöåú çìéöä (éáîåú ãó ÷ã.) åá÷øéàú áéëåøéí áôø÷ äñôéðä (á"á ãó ôà:)
Observation: The same (logic) applies to Kisuy ha'Dam, the reading of Chalitzah (Yevamos 104a), and the reading of Bikurim (Bava Basra 81b).
åáôø÷ ðòøä áðãøéí (ãó òâ.) ãçøù ìà îöé îéôø àôéìå ìà äåé åùîò àéùä ãå÷à î"î øàåé ìùîåò áòéðï ãñáøà äåà áëì ëé äðé ùéù ùåí ãøùä áäï ãìà äåé ãå÷à åìà îòëáà î"î øàåé áòéðï
Observation (cont.): The Gemara in Nedarim (73a) says that a deaf-mute cannot be Meifer a vow even if the Pasuk, "And her husband will hear" is not literal. This is because he must be able to hear, as it is logical in all of these cases (listed above) that there is a derivation (in the Torah stated by each topic) teaching us that while certain details of the Mitzvah are not literally required and do not invalidate the Mitzvah, the person must be able to do these details.
åëï áô"÷ ã÷ãåùéï (ãó ëä.) âáé áéú äñúøéí ãáòé øàåé ìáéàú îéí
Observation (cont.): The same applies in Kidushin (25a) where the Gemara says regarding water of a Mikvah reaching hidden areas of one's body that as long as the water could enter these areas when one immerses, there is no problem if they do not.
îùåí ãäæëéø áéàú îéí ãëúéá ëì áùøå àó òì ôé ùîéòè áéú äñúøéí ëããøùéðï îä áùøå îàáøàé î"î ëéåï ãàéëà ëì ãîøáä àôéìå èîåï ìëì äôçåú é"ì ìòðéï äëé îøáä ãáòéðï øàåé ìáéàú îéí
Observation: The Pasuk mentions water getting to his entire body, as it states "all of his flesh." However, it excludes hidden places, as we derive, "Just as his flesh is from the outside (surface) of his body etc." Even so, being that the word "all" is used that seemingly includes even hidden areas, we will at least understand that it means that water must be able to get to these areas (as long as this is the case, the immersion is valid even if it does not get to these areas).
åäà ãàîøéðï ãèîàéï îùìçéï ÷øáðåúéäï àò"â ãàéðå ñåîê åìà àîøéðï ãðéáòé øàåé ìñîéëä
Implied Question: We say that impure people can send their Korbanos to be sacrificed even though they do not do Semichah, and we do not say that we require that they be able to do Semichah (which they are unable to do as they are impure). (Doesn't this go against Rebbi Zeira's rule?)
ùîà éù ùåí éúåø ãìà áòéðï àôéìå øàåé
Answer #1: Perhaps there is a Pasuk that teaches that we do not even require a person to be able to do Semichah.
àé ðîé äà çæé áéîé èäøä
Answer #2: Alternatively, they are able to do Semichah when they are pure.
åîä ùéù î÷åîåú ùçùå òì äñîéëä åéù î÷åîåú ùìà çùå
Implied Question: There are sometimes when we see the Rabbis did not allow sending a Korban due to the lack of Semichah, and sometimes when we see they did not mind the lack of Semichah. (What are the guidelines for when a lack of doing Semichah causes one to be unable to send a Korban to the Beis Hamikdash?)
îôåøù áëì äâè (âéèéï ãó ëç: ã"ä åäà)
Answer: These guidelines are explained in Gitin (28b, DH "v'Ha").
îéäå áðâîø äãéï (ñðäãøéï ãó îä:) âáé ð÷èòä éã äòãéí ôèåø åàéëà ãîçééá äúí [ãìà] áòé ÷øà ëãëúéá öøéê ìéúï èòí ìîä (áòé)
Implied Question: However, in Sanhedrin (45b) regarding witnesses whose hands are cut off (in a case where they are supposed to kill the perpetrator, as the Pasuk says, "The hands of the witnesses should be first to kill him"), we say the perpetrator goes free. Another opinion says he is liable, as we do not need to literally fulfill the Pasuk. This opinion, however, requires a reason (why it should not be like all of the laws stated above where we require that the person by at least able to fulfill the words of the Pasuk, even if he does not actually do so).