12th Cycle Dedication

ERCHIN 17 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the twelfth Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

1)

AFFLICTIONS (cont.)

(a)

Question: Why must we know what is considered Yesurim?

(b)

Answer #1 (Beraisa - Tana d'Vei R. Yishmael): If someone did not experience Yesurim for 40 days, he has already received his share of the World to Come;

(c)

Answer #2 (Chachamim of Eretz Yisrael): If someone did not experience Yesurim for 40 days, they are about to come upon him.

(d)

(Beraisa - R. Eliezer ha'Gadol): Had Hash-m judged Avraham, Yitzchak and Yakov with the Midah of Din, they could not have stood the rebuke - "v'Atah Hisyatzvu v'Ishafta... Kol Tzidkos Hash-m Asher Asah Itchem v'Es Avoseichem."

(e)

(R. Yehudah Nesi'ah or Rabanan): "Zeh Dor Dorshav Mevakshei Panecha... " - the Dor (generation) is like Dorshav (its leaders);

(f)

(The other of R. Yehudah Nesi'ah and Rabanan): This teaches that the leaders are like the generation.

(g)

Question: Regarding what is one like the other?

1.

Suggestion: This refers to righteousness.

2.

Rejection: Tzidkiyahu was a Tzadik leading a wicked generation, and Yehoyakim was a Rasha leading a righteous generation!

3.

Question (R. Yochanan): Why does it say "b'Reishis Mamlechus Yehoyakim" and "b'Reishis Mamleches Tzidkiyahu"? (It does not say b'Reishis regarding other kings.)

4.

Answer: Hash-m was ready to return the world to nothingness (like before creation) due to Yehoyakim. He did not, due to the generation; Hash-m was ready to return the world to nothingness due to Tzidkiyahu's generation. He did not, due to Tzidkiyahu.

(h)

Answer: Both are harsh, or both are easily appeased.

PEREK YESH B'ERCHIN
2)

HESEG YAD

(a)

(Mishnah): Heseg Yad (paying only according to what one can afford) is according to the Noder. The years (that determine the Erech) are according to the Nidar;

(b)

Erchin is according to (the gender of) the Ne'erach. The Erech is paid according to (the age at) the time of the Erech (vow).

(c)

Heseg Yad is according to the Noder. If an Oni was Ma'arich an Ashir, he pays the Erech of an Oni. If an Ashir was Ma'arich an Oni, he pays the full Erech, like an Ashir.

(d)

Korbanos are different;

1.

If Reuven said "Alai (it is upon me) to bring the Korbanos of Ploni the Metzora," if Ploni is an Oni, Reuven brings Korbanos of a Metzora Oni (birds in place of two of the animals). If Ploni is an Ashir, he brings Korbanos of an Ashir.

(e)

Rebbi says, the same applies to Erchin;

1.

If an Oni was Ma'arich an Ashir, he pays Erech Oni because the Ashir had no obligation;

2.

If an Ashir said "Erki Alai," and an Oni said "what he said is Alai," he pays Erech Ashir.

(f)

(Gemara) Question: (Why does the Mishnah say that Heseg Yad is according to the Noder?) Heseg Yad applies only to a Ma'arich, but not to one who is Noder Damim!

(g)

Answer: The Torah calls him a Noder - "Asher Tasig Yad ha'Noder... ."

(h)

Question: (Why does the Mishnah say that the years are according to the Nidar?) Years affect only Erchin!

(i)

Answer: Since it said that Heseg Yad is according to the Noder, it says that years are according to the Nidar (for parallel structure).

(j)

(Mishnah): Heseg Yad is according to the Noder. If an Oni was Ma'arich an Ashir (Tosfos - the Ashir was Ma'arich, the Oni accepted on himself the obligation of the Ashir), he pays Erech Oni.

(k)

Question: What is the reason?

(l)

Answer: "Asher Tasig Yad ha'Noder... " teaches that Heseg Yad depends on the Noder.

3)

ACCEPTING TO BRING SOMEONE ELSE'S KORBANOS

(a)

(Mishnah): Korbanos are different. If Reuven said "Alai Korbanos Ploni Metzora," if Ploni is an Oni, Reuven brings Korbanos Metzora Oni.

1.

Assumption: This is even if Reuven is an Ashir.

(b)

Question: One brings Korbanos Metzora Oni only if he is poor -- "v'Im Dal Hu." Reuven is bringing the Korbanos. He is not an Oni!

(c)

Answer (R. Yitzchak): (The assumption was wrong.) Reuven is an Oni.

(d)

Question: Perhaps the Torah is merciful on a poor Metzora, but not on a Noder! (If one accepted to pay for Korbanos Metzora, he always brings Korbanos Ashir.)

(e)

Answer (Rav Ada bar Ahavah): "V'Ein Yado Maseges" includes a Noder (in the Parshah of Korbanos Metzora Oni).

(f)

Question: If a rich Noder brings Korbanos Ashir, why does the Mishnah say that Korbanos are different? Also a rich Ma'arich gives Erech Ashir! (We adopt the text that Rashi prefers.)

17b----------------------------------------17b

(g)

Answer: Korbanos are different in one case, when an Oni accepted to pay for Korbanos Metzora of an Ashir. (He brings Korbanos Ashir. In the corresponding case of Erchin, he pays like an Oni);

1.

One might have thought that since we include a Noder (to bring Korbanos Metzora Oni), this applies whenever the Noder is an Oni. The Mishnah teaches that this is not so.

2.

(Beraisa) Suggestion: If an Oni was Ma'arich an Ashir, he pays Erech Oni. Perhaps the same applies to an Oni who accepted to pay for Korbanos Metzora of an Ashir!

3.

Rejection: "V'Im Dal Hu" (excludes when the Metzora is an Ashir).

(h)

Question: According to Rebbi, Erchin are like Korbanos. (I f an Ashir said "Erki Alai," and an Oni said "what he said is Alai," he pays Erech Ashir.) We always follow the obligation of the Nidar. We do not need a verse to teach about when the Metzora is an Ashir;

1.

What does "v'Im Dal Hu" exclude?

(i)

Answer: It excludes an Ashir who brings Korbanos for a Metzora Oni;

1.

One might have thought that since we always follow the obligation of the Nidar, he brings Korban Oni. The verse teaches that this is not so.

4)

WHEN IS HESEG YAD DETERMINED?

(a)

(Mishnah): If an Oni became rich, or an Ashir became poor, he pays like an Ashir;

(b)

R. Yehudah says, even if he was poor, became rich, and later became poor again, he pays Erech Ashir.

(c)

The law of Korbanos is different. Even if Ploni's father died and he inherited a fortune, or Ploni is about to receive a fortune when his ship comes in, he brings Korban Oni.

(d)

(Gemara) If an Oni became rich, he pays like an Ashir. It says "Asher Tasig Yad ha'Noder," and now he has money;

1.

If an Ashir became poor, he pays like an Ashir - "Al Pi Asher Tasig Yad ha'Noder," according to his wealth when he vowed.

(e)

(Mishnah - R. Yehudah): Even if he was poor, became rich, and later became poor again, he pays Erech Ashir.

(f)

Question: What is R. Yehudah's reason?

(g)

Answer: "V'Im Mach Hu me'Erkecha" teaches that Heseg Yad applies only if he was Mach (poor) from the beginning (when he vowed the Erech) until the end.

(h)

Question #1: If so, he should expound also "v'Im Dal Hu" to teach that Korban Metzora Oni is only if he was poor from the beginning until the end! (Presumably, "from the beginning" is when he first became obligated to bring Korbanos, i.e. when he became Muchlat.)

1.

Suggestion: Perhaps that is correct!

2.

Rejection (Mishnah - R. Shimon): If a Metzora brought (some of) the Korbanos Metzora of an Oni and then became rich, or vice-versa, we only consider his wealth at the time he brings the Chatas. (If he was poor and brought Chatas ha'Of, he brings also Olas ha'Of);

3.

R. Yehudah says, it is determined at the time he brings the Asham.

4.

(Beraisa - R. Eliezer ben Yakov): It is determined at the time he brings birds (before shaving. No Tana says that he must be poor from the beginning!)

(i)

Answer: Rav Yehudah taught that all these Tana'im learn from a verse - "Asher Lo Tasig Yado b'Taharaso";

1.

R. Shimon holds that "b'Taharaso" refers to what is Mechaper, i.e. the Chatas;

2.

R. Yehudah holds that it refers to what is Machshir (the Metzora to enter the Mikdash and eat Kodshim), i.e. the Asham;

3.

R. Eliezer ben Yakov holds that it refers to what causes him to be Tahor (allows him to shave and enter the city), i.e. the birds.

(j)

Question: What do we learn from "v'Im Dal Hu"?

(k)

Answer: Rebbi uses it to exclude an Ashir bringing for a Metzora Oni, and Chachamim use it to exclude one who brings for a Metzora Ashir.

(l)

Question #2: If so, he should also expound "v'Hu Ed" to teach that a witness must be Kosher (to testify) from the beginning (when he saw the testimony) until the end (when he testifies)!

1.

Suggestion: Perhaps that is correct!

2.

Rejection (Beraisa): If Reuven knew testimony about Shimon, then he became (Pasul for testimony, e.g. he became) his father-in-law, deaf, blind, or insane, he cannot testify;

3.

If he was a Kosher witness when he saw the testimony, then he became Pasul, and later became Kosher again (his daughter died, so he is no longer related, or he regained his hearing, sight or sanity), he can testify.

4.

The general rule is, if he was Pasul at the beginning (when he saw the testimony) or the end (when he wants to testify), he cannot testify. If he was Kosher at the beginning and at the end, he can testify.

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