12TH CYCLE DEDICATIONS:
 
PESACHIM 6-10 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the sixth Yahrzeit of her father, Reb Mordechai ben Eliezer Zvi (Rebbi Morton Weiner) Z'L, who passed away 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)

THINGS SUBJECT TO TAXES

(a)

Version #1 - Question: If an animal is subject to Arnona (the Nochri king takes a tenth of the animals and crops), does Bechorah (a firstborn male Tahor animal becomes Kodesh and is given to a Kohen) apply to it [or is this like partnership with a Nochri, which exempts]?

1.

If the Yisrael can pay money and keep his animals, surely Bechorah applies (the Yisrael has a mere debt to the king);

2.

We ask about when the Yisrael cannot pay money to keep his animals.

(b)

Answer (Rava): It is exempt.

(c)

Question (Beraisa): It is liable.

(d)

Answer: That is when the Yisrael cannot pay money to keep his animals.

(e)

Version #2 (Rava): An animal subject to Arnona is exempt from Bechorah, even if the Yisrael can (Rashi; Tosfos - only if he cannot) pay and keep his animals;

(f)

Chalah must be separated from a dough subject to Arnona, even if the Yisrael cannot pay to keep it.

(g)

Question: What is the reason?

(h)

Answer: [Letter of the law, both of them are exempt -] people know about liens on animals, but the lien on a dough is not known (we decree lest people think that he transgresses. Rashi - the above Beraisa, which obligates, must refer to a dough; Tosfos - it discusses when the Yisrael cannot pay to keep his animals.)

2)

RESPONSIBILITY FOR CHAMETZ OF NOCHRIM AND HEKDESH

(a)

(Beraisa): If a Nochri entered a Yisrael's Chatzer holding Chametz, the Yisrael need not expel him (Rashi; Me'iri - if the Yisrael accepted to watch it without Acharayos, he need not destroy it);

(b)

If he deposited it with the Yisrael [with Acharayos], he must destroy it;

(c)

If he fixed a place for it, he need not destroy it, for it says "Lo Yimatzei"

(d)

Question: What does this mean (the verse forbids!)?

(e)

Answer #1 (Rav Papa): The verse teaches about the Reisha - if he deposited it with him, he must destroy it, for it says "Lo Yimatzei."

(f)

Answer #2 (Rav Ashi): Really, it teaches about the Seifa - if he fixed a place for it, he need not destroy it, for it says "Lo Yimatzei b'Vateichem" - we consider the place to be rented to the Nochri, it is not considered the Yisrael's house.

(g)

Question: This implies that a renter acquires (the house is considered his) - but this is not true!

1.

(Mishnah): Even when it is permitted to rent houses [in Eretz Yisrael to Nochrim], one may not rent for residence, for the Nochri would bring in his idolatry (the Yisrael would transgress "V'Lo Savi So'evah El Beisecha").

2.

If rental acquires, the house is considered the Nochri's, the Yisrael would not transgress!

(h)

Answer: Normally, rental does not acquire - here is different, for it says "Lo Yimatzei" - it is forbidden only if one is Matzuy (frequent) in the place [of the Chametz] - since it is designated for the Nochri, the Yisrael is not frequent there.

(i)

(Rav Yehudah): If one finds Chametz in his house on Yom Tov, he covers it with a Keli [so he will not forget and eat it; after Yom Tov, he burns it].

(j)

(Rava): If it is Hekdesh, he need not cover it.

(k)

Question: What is the reason?

(l)

Answer: [We are not concerned lest he eat it, for all year round] people avoid Hekdesh.

(m)

(Rav Yehudah): One must make a wall 10 Tefachim tall in front of Chametz of a Nochri [in his house, e.g. he did not accept Acharayos; Rashi - the wall reminds him not to eat it; R. Chananel - it makes it a separate Reshus]; a wall is not needed for Chametz of Hekdesh.

(n)

Question: What is the reason?

(o)

Answer: People avoid Hekdesh.

3)

MUST ONE BE CONCERNED FOR CHAMETZ 30 DAYS BEFORE PESACH?

(a)

(Rav Yehudah): If one embarks on a ship or with a caravan at least 30 days before Pesach, he need not destroy his Chametz [beforehand]; if he leaves within 30 days before Pesach, he must destroy his Chametz beforehand.

(b)

(Abaye): Within 30 days he must destroy it - this is only if he intends to return during Pesach - but if not, he is exempt.

(c)

Objection (Rava): If he intends to return during Pesach, even if he left from Rosh Hashanah he must destroy it [otherwise he will transgress when he returns - he will be unable to Mevatel it]!

(d)

(Rava): Rather, at least 30 days before he need not destroy it - this is only if he does not intend to return during Pesach - but if he intends to return during Pesach, he must destroy it.

(e)

This is like Rava taught elsewhere:

(f)

(Rava): If one made his house a storehouse at least 30 days before Pesach, he need not destroy [Chametz underneath the produce]; if he did so within 30 days, he is obligated;

1.

Thirty days before he is exempt only if he does not intend to clear it out during Pesach - but if he intends to clear it out during Pesach, he must destroy it.

(g)

Question: Why does it depend on 30 days?

(h)

Answer (Beraisa): We learn Halachos of Pesach 30 days before Pesach;

1.

R. Shimon ben Gamliel says, we learn them two weeks before Pesach.

(i)

Question: What is Chachamim's source [for 30 days]?

6b----------------------------------------6b

(j)

Answer: On Pesach [Rishon, i.e. Nisan 14] Moshe exhorted Benei Yisrael about Pesach Sheni [a month later, for people who were unable to offer Pesach Rishon] - "V'Ya'asu...Es ha'Posach b'Mo'ado ...; Va'Yhi Anashim Asher Hayu Temei'im..."

(k)

R. Shimon ben Gamliel says, that was not because one must learn 30 days in advance - rather, once he was teaching laws of Pesach, he taught all of them.

(l)

Question: What is R. Shimon's source?

(m)

Answer #1: On Rosh Chodesh Nisan Moshe exhorted Benei Yisrael about Pesach [Rishon] - "Ha'Chodesh ha'Zeh Lachem Rosh Chodoshim; ...Be'Asor la'Chodesh ha'Zeh va'Yikchu Lahem Ish Seh..."

(n)

Objection: How do we know that Moshe said this on Rosh Chodesh - perhaps it was the fourth or fifth of the month!

(o)

Answer #2 (Rabah bar Simi): It says "Va'Ydaber Hash-m El Moshe v'Midbar Sinai ba'Shanah ha'Shenis...ba'Chodesh ha'Rishon," and "Va'Ya'asu Venei Yisrael Es ha'Posach b'Mo'ado."

(p)

Objection: Here also, how do we know that Moshe said this on Rosh Chodesh - perhaps it was the fourth or fifth!

(q)

Answer (Rav Nachman bar Yitzchak): We learn from a Gezerah Shavah "Midbar-Midbar" from "Va'Ydaber Hash-m El Moshe b'Midbar Sinai...b'Echad la'Chodesh ha'Sheni" - just like that was said on Rosh Chodesh, also "Va'Ydaber... v'Midbar...ba'Chodesh ha'Rishon."

4)

THE TORAH IS NOT IN CHRONOLOGICAL ORDER

(a)

Question: Why is "Va'Ydaber...b'Echad la'Chodesh ha'Sheni" (Bamidbar 1:1) written before "Va'Ydaber...ba'Chodesh ha'Rishon" (Bamidbar 9:1) in the Torah?

(b)

Answer (Rav Menasiya bar Rav Tachlifa): This teaches that we cannot say whether one verse is before or after another (we cannot learn from the order they are written in).

(c)

(Rav Papa): This is only regarding two different matters - but within one matter it is in order;

1.

If you will not say so, how can we expound Kelal u'Ferat to teach that only the Perat is included, or expound Perat u'Chelal to teach that the Kelal adds onto the Perat - perhaps it is out of order, it is really the opposite!

(d)

Question: The same applies to two different matters!

1.

This is not difficult according to the opinion that does not expound Kelal u'Ferat that are far from each other - but according to the opinion that expounds them, the same question applies to two different matters!

(e)

Answer: The opinion that expounds Kelal u'Ferat that are far from each other does so only when they discuss the same matter.

5)

ONE WHO DOES BEDIKAH MUST MEVATEL

(a)

(Rav Yehudah): One who does Bedikah must [nevertheless] Mevatel [right afterwards].

(b)

Question: What is the reason?

1.

Suggestion: We are concerned for crumbs [that he might have missed].

2.

Rejection: They are not important (Rosh - they are automatically Batel and Hefker).

3.

Suggestion: Since one guards valuables in his house, automatically they are also guarded, and this makes them important!

4.

Rejection (Beraisa): If one guards grapes in his field and there are also 'final' dates [they are left on the tree at the end of harvest, for they never ripen], or he guards squash or gourds in his field and there are also 'final' grapes:

i.

If the owner cares about the final fruits, it is considered theft for someone else to take them, and Ma'aser must be taken;

ii.

If the owner does not care about them, anyone may take them, and they are exempt from Ma'aser.

(c)

Answer (Rava): This is a decree, lest he find a nice bun and he will not want to burn it (Rashi; Tosfos - it is important to him, it is not automatically Batel like crumbs), and he will transgress Bal Yera'eh and Bal Yimatzei].

(d)

Question: When he finds it, he can Mevatel it!

(e)

Answer: Perhaps he will find it after it is forbidden, and then he cannot Mevatel it:

1.

(R. Elazar): There are two things that a person does not own, nevertheless he is liable for them as if he owned them - a pit in the public domain, and Chametz after six hours on Erev Pesach.

(f)

Question: He can Mevatel it during the fourth or fifth hour (why must he Mevatel right after Bedikah?)!

(g)

Answer: Since these times are not when Chametz becomes forbidden or when he destroys it, we are concerned lest he forget to Mevatel.

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