ME'ILAH 11 - Dedicated l'Zechut Refu'ah Shleimah for Elisheva Chaya bat Leah. Dedicated by Michael Steinberg, David Steinberg, and Ethan Steinberg.

1)

(a)What distinction does the Tana draw between the Reisha (V'lad Chatas, T'muras Chatas and Chatas she'Meisu Ba'alehah) and the Seifa (Chatas she'Ibra Shenasah and Chatas she'Ne'evdah)?

(b)What is the reason for that?

(c)And having taught this Mishnah in Temurah, why does Rebbi see fit to repeat it here?

1)

(a)In the Reisha (V'lad Chatas, T'muras Chatas and Chatas she'Meisu Ba'alehah) - the Tana rules Meisah unconditionally, whereas in the Seifa (Chatas she'Ibra Shenasah and Chatas she'Ne'evdah) - he differentiates between before the Kaparah and after it (as we explained) ...

(b)... because, the reasons for the cases in the Reisha do not allow for such a differentiation: the first two are simply not Chata'os (though they are Kadosh), and the third has no owner (irrespective of whether it is before or after the Kaparah).

(c)In spite of having taught this Mishnah in Temurah, Rebbi sees fit to repeat it here - because there he inserts the Din Me'ilah on account of Temurah, whereas here he inserts the Din of Temurah on account of Me'ilah.

2)

(a)How many Korbanos is a Nazir obligated to bring at the termination of his Nezirus?

(b)In that case, if someone uses money that he has set aside for his Nezirus, why does the Tana rule ('Lo Nehenin ve)'Lo Mo'alin'? Why 'Lo Mo'alin'?

(c)Why do we go le'Kula rather than le'Chumra (seeing as it also contains money for the Olah)?

2)

(a)At the termination of his Nezirus - a Nazir is obligated to bring three Korbanos, a Chatas, an Olah and a Shelamim.

(b)And the reason that in a case where someone puts to use unspecified money that he has set aside for his Nezirus, the Tana rules '(Lo Nehenin, ve)'Lo Mo'alin' is - because each Ma'ah is eligible to be brought as a Shelamim, and a Shelamim is not subject to Me'ilah before the Zerikah.

(c)We go le'Kula rather than le'Chumra (in spite of the fact that it also contains money for the Olah) - because any Korban that one brings to the Azarah for having used Shelamim is Chulin ba'Azarah, which is prohibited.

3)

(a)If someone dies leaving money for Nezirus, what does the Tana rule if it is Ma'os S'tumin (unspecified money)?

(b)On the other hand, in the event that the money is Mefurashin (specified), what does he rule regarding the money for ...

1. ... the Chatas?

2. ... the Olah? What is the significance of such an Olah?

3. ... the Shelamim?

(c)Why may the latter be eaten for only one day and not two, like a regular Shelamim?

(d)And why are the heirs not obligated to bring the accompanying loaves?

3)

(a)If someone dies leaving money for Nezirus, the Tana rules that in the event that it is Ma'os S'tumin (unspecified money) - it goes to Nedavah (for Olos Kayitz ha'Mizbe'ach).

(b)On the other hand, in the event that the money is Mefurashin (specified), he rules that the money for ...

1. ... the Chatas - goes to the Yam ha'Melach (like a Chatas she'Meisu Ba'alehah).

2. ... the Olah (which is merely a gift) - goes to Nedavah (whose Din is Lo Nehenin ve'Lo Mo'alin).

3. ... the Shelamim - is used to purchase a Shelamim, which is subject to Me'ilah.

(c)The latter may be eaten for only one day (and not two, like a regular Shelamim) - like the Din of Shalmei Nazir.

(d)And the heirs do not bring the accompanying loaves - because the Torah requires them to be placed on the palms of the Nazir, who is no longer alive.

4)

(a)Resh Lakish asks why, seeing as the Tana lists all the cases of Lo Nehenin ve'Lo Ma'alin, he does not include ha'Mafrish Ma'os le'Kinin in his list. Why does Resh Lakish ask this? What makes him think that the Din ought to be Lo Mo'alin?

(b)How does Rava refute Resh Lakish's Kashya? What distinction does he draw between purchasing a Shelamim with Nezirus money on the one hand, and a premature dove with the money for one's Kan on the other?

4)

(a)Resh Lakish asks why, seeing as the Tana lists all the cases of Lo Nehenin ve'Lo Ma'alin, he does not include ha'Mafrish Ma'os le'Kinin in his list. He thinks that the Din ought to be Lo Mo'alin - because it is possible to purchase with the money a baby pigeon, or a grown-up dove (see Tosfos DH 'Mipnei').

(b)Rava refutes Resh Lakish's Kashya - because whereas purchasing a Shelamim with Nezirus money is part of the Mitzvah, purchasing a premature dove with the money for one's Kan is not.

5)

(a)What K'lal does Rebbi Shimon in our Mishnah state in drawing a distinction (as regards Me'ilah) between Dam and Nesachim?

(b)How does he translate that K'lal into practical terms?

(c)What degree of Me'ilah pertains to the blood once it reaches the Valley of Kidron?

(d)Why did the Rabbanan not issue their decree on the blood from the moment the animal is Shechted?

5)

(a)Rebbi Shimon in our Mishnah states that Dam is lenient at the beginning but stringent at the end, whereas Nesachim is the opposite.

(b)Practically speaking, this means that - whereas Dam is not subject to Me'ilah initially, it is at the end, whilst Nesachim are subject to Me'ilah at the beginning but not at the end.

(c)Once the blood reaches the Valley of Kidron - it is subject to Me'ilah mi'de'Rabbanan (but not mi'd'Oraysa, since its Mitzvah has already been completed).

(d)The Rabbanan did not issue their decree on the blood from the moment the animal is Shechted - due to the principle Ein Sh'vus ba'Mikdash (the Rabbanan did not as a rule, issue decrees pertaining to the Beis-Hamikdash).

6)

(a)Rebbi Meir in a Beraisa, maintains that the blood of Korbanos is subject to Me'ilah. What do Rebbi Shimon and the Chachamim say?

(b)What does ...

1. ... Ula learn from the word "Lachem" (in the Pasuk in Acharei-Mos, in connection with Dam Kodshim) "va'Ani Nesativ Lachem al ha'Mizbe'ach Lechaper")?

2. ... Tana de'bei Rebbi Yishmael learn from "Lechaper"?

(c)And how does Rebbi Yochanan learn it from the word "Hu" in the same Pasuk "Ki ha'Dam Hu ba'Nefesh Yechaper"?

(d)Bearing in mind the principle le'Chumra Makshinan, why do we not Darshen the opposite (that just as Me'ilah applies before the Kaparah, so too, will it apply after it)?

6)

(a)Rebbi Meir in a Beraisa, maintains that the blood of Korbanos is subject to Me'ilah. Rebbi Shimon and the Chachamim hold that it is not.

(b)

1. Ula learns from the word "Lachem" (in the Pasuk in Acharei-Mos, in connection with Dam Kodshim) "va'Ani Nesativ lachem al ha'Mizbe'ach Lechaper") that - Hash-m gave us Dam Kodshim to use (in which case, it is not subject to Me'ilah).

2. Tana de'bei Rebbi Yishmael learns from "Lechaper" that - Dam Kodshim was given to us to atone, and not to be Mo'el on it.

(c)Whereas Rebbi Yochanan learns it from the word "Hu" in the same Pasuk "Ki ha'Dam hu ba'Nefesh Yechaper" - which teaches us that Dam Kodshim has the same Din before Kaparah as after Kaparah (when virtually nothing is subject to Me'ilah).

(d)Despite the principle le'Chumra Makshinan, we do not Darshen the opposite (that just as Me'ilah applies before the Kaparah, so too, will it apply after it) - because there is no such thing as Me'ilah (d'Oraysa) on something whose Mitzvah has been completed.

11b----------------------------------------11b

7)

(a)What Kashya do we ask from T'rumas ha'Deshen, on what we just said (to explain why we cannot learn Dam after Kaparah from before Kaparah)?

(b)What problem do we have with the suggestion that T'rumas ha'Deshen and ...

1. ... Eivrei Sa'ir ha'Mishtale'ach constitute Sh'nei Kesuvim ha'Ba'im ke'Echad (where we rule Ein Melamdin)?

2. ... Bigdei Kehunah (Gedolah on Yom Kipur) constitute Sh'nei Kesuvim ha'Ba'im ke'Echad? What does Rebbi Dosa say?

(c)The Rabbanan learn from the Pasuk in Acharei-Mos (in connection with the Bigdei Kohen Gadol) "ve'Hinicham Sham" that the Bigdei Kehunah are Asur be'Hana'ah. What does Rebbi Dosa learn from there?

7)

(a)We ask on what we just said (to explain why we cannot learn Dam after Kaparah from before Kaparah) from T'rumas ha'Deshen - which is subject to Me'ilah, even though its Mitzvah has been completed.

(b)The problem with the suggestion that Te'rumas ha'Deshen and ...

1. ... Eivrei Sa'ir ha'Mishtale'ach constitute Sh'nei Kesuvim ha'Ba'im ke'Echad (where we rule Ein Melamdin) is that - there are some who permit the latter be'Hana'ah.

2. ... Bigdei Kehunah (Gedolah on Yom Kipur) constitute Sh'nei Kesuvim ha'Ba'im ke'Echad and Ein Melamdin is - from Rebbi Dosa, who holds that the latter are permitted to other Kohanim.

(c)The Rabbanan learn from the Pasuk in Acharei-Mos "ve'Hinicham Sham" that the Bigdei Kehunah are Asur be'Hana'ah. Rebbi Dosa learns that - the Kohen Gadol is forbidden to wear them again on Yom Kipur.

8)

(a)So we cite Eglah Arufah as the second Pasuk which, together with T'rumas ha'Deshen, makes it a case of Sh'nei Kesuvim ha'Ba'im ke'Echad. On what grounds do we refute this suggestion too?

(b)We finally resolve our problem by citing the 'Hey' in the words "ha'Arufah" and the 'Vav' at the end of "ve'Samo" (written in connection with Eglah Arufah and Bigdei Kehunah respectively). What do we learn from there?

8)

(a)So we cite Eglah Arufah as the second Pasuk which, together with T'rumas ha'Deshen, makes it a case of Sh'nei Kesuvim ha'Ba'im ke'Echad. We refute this suggestion too however, in that - the fact remains that there are some who hold Sh'nei Kesuvim ... Melamdin.

(b)We finally resolve our problem by citing the 'Hey' in the word "ha'Arufah" and the 'Vav' at the end of "ve'Samo" (written in connection with Eglah Arufah and Bigdei Kehunah respectively) - both of which are Miy'utim, from which we extrapolate that these are the only two cases of Na'asis Mitzvasan which remain forbidden (and to which Me'ilah therefore pertains).

9)

(a)We try to establish our Mishnah ('Nesachin ... Yardu le'Shitin, Ein Mo'alin bahen') not like Rebbi Elazar b'Rebbi Tzadok, who speaks about a Lul (a small square hole) between the Kevesh (the ramp) and the Mizbe'ach. Whereabouts was this Lul situated?

(b)What happened once every seventy years, according to him?

(c)How does the Beraisa describe the congealed wine?

9)

(a)We try to establish our Mishnah ('Nesachin ... Yardu le'Shitin, Ein Mo'alin bahen') not like Rebbi Elazar b'Rebbi Tzadok, who speaks about a Lul (a small square hole) between the Kevesh (the ramp) and the Mizbe'ach - on the west side of the ramp.

(b)According to him, once every seventy years - the young Kohanim would descend via this Lul down to the Shitin to scrape off the congealed wine and burn it in the Azarah.

(c)The Beraisa describes the congealed wine as - resembling circular cakes of dried figs.

10)

(a)What does the Beraisa ostensibly learn from the Pasuk in Pinchas "ba'Kodesh Hasech Nesech Sheichar la'Hashem"?

(b)In reality however, Ravina learns it from the Gezeirah-Shavah "Kodesh" "Kodesh". In which area of Halachah is the second "Kodesh" written?

(c)What do we learn from the Pasuk in Tetzaveh "ve'Sarafta es ha'Nosar ba'Eish ... ki Kodesh hu"?

10)

(a)The Beraisa ostensibly learn from the Pasuk "ba'Kodesh Hasech Nesech Sheichar la'Hashem" that - the Nesech must be burned in a Makom Kadosh.

(b)In reality however, Ravina learns it from the Gezeirah-Shavah "Kodesh" "Kodesh" - from Nosar, which, in turn ...

(c)... we learn from the Pasuk "ve'Sarafta es ha'Nosar ba'Eish ... ki Kodesh hu" that - Nosar must be burned in a Makom Kadosh (in the Azarah).

11)

(a)We establish our Mishnah even like Rebbi Elazar b'Rebbi Tzadok. In which case will even he concede that the wine is not subject to Me'ilah?

(b)If the wine is not subject to Me'ilah the moment it enters the Lul, what causes it to change its status once it reaches the floor of the Shitin?

(c)What alternative answer do we give to establish our Mishnah like Rebbi Elazar b'Rebbi Tzadok?

11)

(a)We establish our Mishnah even like Rebbi Elazar b'Rebbi Tzadok, who will concede that the wine is not subject to Me'ilah - if it is caught in mid-air on its way down to the Shitin.

(b)Even though the wine is not subject to Me'ilah the moment it enters the Lul, it changes its status when it reaches the floor of the Shitin - because the floor sanctifies it.

(c)Alternatively, we establish our Mishnah like Rebbi Elazar b'Rebbi Tzadok - who does not require the wine to be burned because its Mitzvah has already been completed), only that, if the Kohanim opt to burn it, then they must do so in a Makom Kadosh. Note, that it is unclear how to conclude. To say that one is permitted to use it, but that if one decides to burn it, one must do so in the Azarah, is senseless. On the other hand, if it is subject to Me'ilah de'Rabbanan (as the last two lines of the Sugya [which Rashi does not appear to have in his text] conclude) then the rest of the answer becomes superfluous.

12)

(a)In the second Lashon, we presume the author of our Mishnah to be Rebbi Elazar b'Rebbi Tzadok. What is the problem with establishing it like the Rabbanan?

(b)How do we answer that? How is it possible to have access to the wine after all?

(c)Others (see Tosfos DH 'Mah Nosar') presume that the author of our Mishnah, Rebbi Elazar b'Rebbi Tzadok, must be speaking where the Kohen collects the wine from the air (as we explained in the first answer). How do we counter that? Why might the Mishnah be speaking even after the wine has reached the floor of the Shitin, even according to Rebbi Elazar b'Rebbi Tzadok?

(d)But does he not cite a Pasuk?

12)

(a)In the second Lashon, we presume the author of our Mishnah to be Rebbi Elazar b'Rebbi Tzadok, because according to the Rabbanan - who hold that the Shitin (a form of pipe) is hollow and leads all the way down to the T'hom (in the center of the earth), how can the Kohanim possibly gather the congealed wine from there?

(b)We answer that however - by establishing our Mishnah where the Kohen collected the wine in mid-air (like we did according to Rebbi Elazar ... in the first explanation).

(c)Others (see Tosfos DH 'Mah Nosar') presume that the author of our Mishnah, Rebbi Elazar b'Rebbi Tzadok, must be speaking where the Kohen collects the wine from the air (as we explained in the first answer). We counter that however, by establishing the Mishnah even after the wine has reached the floor of the Shitin, even according to Rebbi Elazar b'Rebbi Tzadok - who requires it to be burned only mi'de'Rabbanan ...

(d)... and the Pasuk that he cites - is merely an Asmachta (a hint in the Torah for the Rabbinical institution).

13)

(a)What do the Kohanim do with the ashes of the Mizbe'ach ha'Penimi and the Menorah?

(b)What does our Mishnah say regarding the ashes from the Mizbe'ach ha'Penimi and the Menorah? Why are they different than the ashes of T'rumas ha'Deshen?

(c)What does the Tana mean when he says 'ha'Makdish Dishun ba'Techilah, Mo'alin bo' (see commentaries on the Mishnah)?

13)

(a)The Kohanim place the ashes of the Mizbe'ach ha'Penimi and the Menorah - on the Makom ha'Deshen (the same spot where they place the T'rumas ha'Deshen beside the ramp).

(b)Our Mishnah rules with regard to the ashes from the Mizbe'ach ha'Penimi and the Menorah - 'Lo Nehenin ve'Lo Mo'alin' (because the Torah does not write here a Miy'ut with regard to them, like it does ["ve'Samo Eitzel ha'Mizbe'ach"] by T'rumas ha'Deshen).

(c)When the Tana says 'ha'Makdish Dishun ba'Techilah, Mo'alin Bo', he means that - if someone declares (with reference to the Dishun Mizbe'ach ha'Penimi or of the Menorah) 'D'mei Dishun alai', whoever uses some of the ashes even after they have been placed on the Beis ha'Deshen, is Mo'el (see commentaries on the Mishnah).

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