1)

WE ARE CONCERNED FOR THE MINORITY

(a)

Question: Who is our Tana, who is concerned for the minority?

(b)

Answer: It is R. Meir:

1.

(Beraisa - R. Meir): A (minor) boy or girl may not do Yibum or Chalitzah.

2.

Chachamim: We agree that a minor may not Choletz. It says "Ish," and the Torah equates the Yevamah to the Yavam;

i.

However, why do you forbid Yibum?

3.

R. Meir: (Perhaps Yibum does not apply because the minor will never have normal sexual development.) A boy might be a Seris, and a girl might be an Ailonis. (If so, Yibum is not a Mitzvah, so they transgress the Ervah of marrying a sister-in-law!)

4.

Chachamim are not concerned for this. They follow the majority. (Most people are normal.)

(c)

Question: This shows that R. Meir is concerned for a common minority. What is the source that he is concerned for an uncommon minority (girls that see blood before maturity)?

(d)

Answer: The minority of girls that see blood at an early age is common;

1.

R. Yosi, Rebbi and Rav Yosef testified about (different) cases in Ein Bul, Beis She'arim and Pumbedisa in which a girl became a Nidah (within a week of birth) and was immersed before her mother immersed (after two weeks).

(e)

Question: The first two cases were in Eretz Yisrael. We understand why they immersed her, lest she touch Terumah (and be Metamei it. Rashba - they did not want her to be Metamei those who touch her.) However, why did they immerse the girl in Bavel?

1.

(Shmuel): Terumah of Chutz la'Aretz is forbidden only to someone from whom Tum'ah emanates (a Zav, Zavah, Nidah or Metzora);

2.

Even such a person does not disqualify Terumah of Chutz la'Aretz! (Rashba deletes this from the text.)

(f)

Answer (Mar Zutra): They immersed her in order to anoint her with Terumah oil. (She was a Bas Kohen);

1.

(Beraisa): "V'Lo Yechalelu... Asher Yarimu" includes anointing and drinking Terumah. (These are forbidden to a Tamei Kohen.)

2.

Question: Why must a verse forbid drinking? This is included in the prohibition to eat!

3.

Answer #1: The Beraisa means that the verse includes anointing, for it is like drinking.

4.

Answer #2: We learn that anointing is like drinking from "va'Tavo cha'Mayim b'Kirbo vecha'Shemen b'Atzmosav."

(g)

Question: We should decree Tum'ah also on our girls (regular Benos Yisrael). Perhaps they are Nidos!

(h)

Answer: We expound "Ishah... v'Ishah." (This will be explained.) when we see that a girl saw blood, we do not let her touch Taharos until she immerses;

1.

Kusim do not expound this. They think that a minor cannot become Nidah. Even if she saw blood they would ignore it.

2)

MINORS CAN BECOME TEME'IM

(a)

Question: How do we expound "Ishah... v'Ishah"?

(b)

Answer (Beraisa) Suggestion: Perhaps "Ishah (who will become a Nidah)" applies only to an adult!

1.

Rejection: "V'Ishah" teaches that even a one-day-old girl (can become Nidah).

(c)

Observation: When the Torah includes (minor) girls, it includes even a one-day-old.

(d)

Contradiction (Beraisa) Suggestion: Perhaps "Ishah (who has Bi'ah becomes Teme'ah)" applies only to an adult!

1.

Rejection: "V'Ishah" includes even a three year old girl. Bi'ah with her is considered Bi'ah.

(e)

Resolution (Rava): One of these is a tradition from Moshe from Sinai. The verse is only an Asmachta.

(f)

Question: Which is truly expounded, which is a tradition?

1.

Suggestion: The law of Nidah is a tradition, and the law of Bi'ah is expounded.

2.

Rejection: The verse does not mention three years. This must be a tradition!

(g)

Answer: Nidah is expounded, and Bi'ah is a tradition.

(h)

Question: If Bi'ah is a tradition, what do we learn from "v'Ishah" written regarding Bi'ah?

32b----------------------------------------32b

(i)

Answer: (Since we do not need it to teach about Bi'ah,) it excludes a man who has red emissions. (He is Tahor);

1.

(Beraisa) Suggestion: Perhaps "Ishah (who sees during Yemei Zivah can become a Zavah)" applies only to an adult!

2.

Rejection: "V'Ishah" includes even a ten-day-old girl. (If she became a Nidah on the day she was born, she can become a Zavah on day ten.)

(j)

Question: Why do we need another verse to teach this? We should learn from Nidah!

(k)

Answer: One might have thought that a minor can become a Nidah, for Nidah is stringent. One sighting is Metamei her for seven days, but Zivah is lenient; one sighting of Zivah is Metamei her for only one day. Perhaps Zivah applies only to adults!

(l)

Question: Since the Torah teaches that a minor can become a Zavah, she must have been a Nidah at least nine days earlier. We do not need another verse to teach about Nidah!

(m)

Answer: Indeed, that is true. The verse regarding Nidah is Metaher a man who has red emissions.

(n)

Question: We already learned this from "v'Ishah" written regarding Bi'ah!

(o)

Answer: One is Metaher emissions of blood, and the other is Metaher red semen.

3)

BOYS CAN BECOME TEME'IM

(a)

Similarly, a boy can become Tamei;

1.

(Beraisa - R. Yehudah): "Ish Ish" includes even a one day old boy. (If he has three emissions of Zivah, he becomes a Zav);

2.

R. Yishmael, son of R. Yochanan ben Brokah says, we have a different source -- "(these are the laws of Zivah) la'Zachar ul'Nekevah" discusses a male or female of any age.

3.

Question: What do we learn from "Ish Ish"?

4.

Answer: The Torah speaks like people do. (They sometimes double a word. Therefore, we need not expound the extra occurrence.)

(b)

Observation: When the Torah includes (minor) boys, it includes even a one-day-old.

(c)

Contradiction (Beraisa) Suggestion: Perhaps "Ish (who has Keri is Tamei)" applies only to an adult!

1.

Rejection: "V'Ish" includes even a nine-year-old boy.

(d)

Answer (Rava): One of these is a tradition from Moshe from Sinai. The verse is only an Asmachta.

(e)

Question: Which is truly expounded, which is a tradition?

1.

Suggestion: The law of Zivah is a tradition, and Keri is expounded.

2.

Rejection: The verse does not mention nine years. This must be a tradition!

(f)

Answer: Zivah is expounded, Keri is a tradition.

(g)

Question: If Keri is a tradition, what do we learn from "v'Ish" written regarding Keri?

(h)

Answer: (Since we do not need it to teach about Keri,) it teaches about a woman who has white emissions. (She is Tehorah.)

(i)

Question: Why do we need separate verses to teach about males and females?

(j)

Answer: Had it taught only about a (minor) boy (that he can become a Zav), one might have thought that this is due to the stringency of Zav. Three sightings in one day make a Zav, but sightings on three consecutive days are needed to make a Zavah. Perhaps a (minor) girl cannot become a Zavah;

1.

Had it taught only about a girl, one might have thought this is due to the stringency of Zavah. Sightings b'Ones (due to an external cause) make a Zavah, but sightings b'Ones do not make a Zav. Perhaps a boy cannot become a Zav);

2.

Therefore, both teachings are needed.

4)

KUSI MEN

(a)

(Mishnah): A (male) Kusi is Metamei a Mishkav below like one above...

(b)

Question: What does this mean?

1.

Suggestion: If he sits on top of a stack of ten mattresses, he is Metamei all of them.

2.

Rejection: This is obvious. He is on all of them!

(c)

Answer: Rather, a Mishkav below a Bo'el Nidah is like one above a Zav;

1.

Just like a Mishkav above a Zav is only (a Rishon l'Tum'ah. It is) Metamei food and drink (but not people or Kelim), also a Mishkav below a Bo'el Nidah.

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