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Prepared by Rabbi P. Feldman
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Rosh Kollel: Rabbi Mordecai Kornfeld


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Avodah Zarah 36

AVODAH ZARAH 36 - Mr. and Mrs. David and Gerti Kornfeld have dedicated this Daf in honor of the Bat Mitzvah of Eliana Chana Farber of Raanana, Israel -- Mazal Tov to her and to her parents, Steve and Lynn Farber! May Eliana be blessed with the strength and determination to follow her illustrious grandmother, Mrs. Esther Farber, in her dedication to Torah and Yiddishkeit.

1) OIL OF NOCHRIM

(a) (Mishnah): Their oil.
(b) (Rav): Daniel decreed against their oil.
(c) (Shmuel): It was forbidden because it is put in the Nochri's Tamei vessels.
(d) Objection: People are allowed to eat Tamei food!
(e) Correction: Rather, it was forbidden because it absorbs forbidden taste from the Nochri's vessels.
(f) Question (Shmuel): R. Simla'i taught that R. Yehudah (Nesi'ah) and his Beis Din voted and permitted it, because Nosen Ta'am li'Fgam (if forbidden food or taste was mixed with permitted food and detracts from the taste, the mixture) is permitted;
1. We understand according to me, for the prohibition was on account of forbidden absorption;
2. According to you (Rav), how could Rebbi permit what Daniel forbade?
i. (Mishnah): A Beis Din cannot nullify the enactment of another Beis Din, unless it is bigger in Chachmah and number (Rambam - of Chachamim that agree to nullify it; Ra'avad (on Idiyos) - and age).
(g) Answer (Rav): Do not ask questions from R. Simla'i of Lud, people there do not respect mid'Rabanan laws (Rebbi did not permit it).
1. Shmuel: We can send to Rebbi to ask!
2. Rav was embarrassed.
(h) Rav: Perhaps Rebbi did not expound the verse, but I will! "Va'Yasem Daniel Al Libo Asher Lo Yisga'al...uv'Yein Mishtav (plural)" - this refers to two liquids, wine and oil.
1. Rav understands, he put the matter to his heart, and made a ruling for all of Yisrael;
2. Shmuel understands, he put the matter to his heart, he did not rule for all of Yisrael.
(i) Question: Did Daniel really decree about oil?!
1. (Beili citing Rav): The prohibitions of Nochri bread, oil, wine and (intermarriage with Nochri) girls are among the 18 decrees (made on the day of heated fighting between Beis Shamai and Beis Hillel).
2. Suggestion: Perhaps Daniel decreed, and it was not accepted; they (Beis Shamai and Beis Hillel) decreed, and it was accepted!
3. Rejection: Rav would not say that Daniel decreed about oil if it was not accepted.
(j) Answer: Rather, Daniel decreed against eating their oil in the city, they decreed even in the field.
(k) Question #1: How could Rebbi permit what Beis Shamai and Beis Hillel forbade?
1. (Mishnah): A Beis Din cannot nullify the enactment of another Beis Din, unless it is bigger in Chachmah and number.
(l) Question #2 (Rabah bar bar Chanah): A (greater) Beis Din can always nullify the decree of another Beis Din, except for the 18 decrees, even Eliyahu and his Beis Din cannot nullify them.
(m) Version #1 - Answer (to both questions - Rav Mesharshiya): The stringency of the 18 decrees (and the requirement for the Beis Din that nullifies to be greater than the Beis Din that decreed) only applies if the decree spread through most of Yisrael - the decree against oil did not spread.
1. Version #2 (Rav Mesharshiya): The 18 decrees are more stringent because they spread through most of Yisrael.
(n) Answer (to both questions): The decree against oil did not spread. (End of Version #2)
1. (R. Shmuel bar Aba): Chachamim checked and found that the decree against oil did not spread through most of Yisrael;
2. Chachamim (that permitted oil) relied on R. Shimon ben Gamliel and R. Eliezer, who say that we only make a decree if the majority of Yisrael can fulfill it.
3. (Rav Ada bar Ahavah): "Ba'Me'erah Atem Ne'arim...ha'Goy Kulo" - if the entire nation can fulfill the decree, it is a proper decree; if not, not.
36b---------------------------------------36b

2) THE DECREE AGAINST NOCHRI WOMEN

(a) (Beili citing Rav): The prohibitions of Nochri bread, oil, wine and girls are among the 18 decrees.
(b) Question: What was the decree about Nochriyos?
(c) Answer #1 (Rav Nachman bar Yitzchak): They decreed that every Nochris is Tamei (mid'Rabanan) like a Nidah from the day of her birth.
(d) Answer #2 (Geneiva): All the decrees are on account of idolatry;
1. (Rav Acha bar Ada): Nochri bread was forbidden on account of their oil...
2. Interjection: Why is their oil more stringent than their bread?!
3. Correction: Rather, their bread and oil were forbidden on account of their wine; their wine was on account of their daughters; their daughters were on account of another matter (idolatry); another matter was on account of another matter (this will be explained later).
(e) Question: Their daughters are forbidden mid'Oraisa - "V'Lo Sischaten Bam (Bitecha Lo Siten li'Vno u'Vito Lo Sikach li'Vnecha)"!
(f) Answer #1: Mid'Oraisa, only the seven Kana'ani Umos are forbidden; they (Beis Shamai and Beis Hillel) decreed against all other Nochrim.
(g) Question: According to R. Shimon, "Ki Yasir Es Bincha me'Acharai" includes all Nochrim (all would sway a Yisrael away from Hash-m) - how can we answer?
(h) Answer #2: Mid'Oraisa, it is only forbidden to live with a Nochris as one lives with a wife; they decreed against extramarital relations.
(i) Question: The Beis Din of Shem already decreed against extramarital relations between Yisraelim and Nochrim - "Hotzi'uha v'Sisaref" (Yehudah was about to kill Tamar for such relations)!
(j) Answer: The Torah addresses (hints at Shem's decree against) extramarital relations between a Yisraelis and Nochri, for she will be drawn after him; they decreed against extramarital relations between a Yisrael and a Nochris.
(k) Question: A tradition from Moshe from Sinai forbids relations between a Yisrael and a Nochris!
1. A Yisrael that has relations with a Nochris, zealots are permitted to kill him during the act.
(l) Answer: That is only if they have relations publicly; like when Pinchas killed Zimri; they decreed even against relations in private.
(m) Question: The Beis Din of Chashmona'im already decreed against such relations in private!
1. (Rav Dimi): Beis Din of Chashmona'im decreed that a Yisraelim that has relations with a Nochris is liable on four counts, as if he had relations with a Nidah, slave, Nochris (in the way of marriage) and a married woman.
2. (Ravin): They decreed, he is liable as if he had relations with a Nidah, slave, Nochris (in the way of marriage) and (if he is a Kohen) Zonah.
(n) Answer: The Beis Din of Chashmona'im decreed against relations; Beis Shamai and Beis Hillel decreed against seclusion.
(o) Question: David's Beis Din decreed against seclusion!
1. (Rav Yehudah): After Amnon raped Tamar, they decreed against seclusion.
(p) Answer: David's Beis Din decreed against seclusion with a Yisraelis, Beis Shamai and Beis Hillel decreed against seclusion with a Nochris.
(q) Question: Seclusion is forbidden mid'Oraisa!
1. (R. Yochanan) Question: "Ki Yesisecha Achicha Ven Imecha" - do maternal brothers entice, but not paternal brothers?!
2. Answer (R. Yochanan): Rather, this hints that a man may be secluded with his mother, not with other Arayos.
(r) Answer: Mid'Oraisa, seclusion with a married woman is forbidden; David's Beis Din decreed against seclusion with a single girl, Beis Shamai and Beis Hillel decreed against seclusion with a Nochris.
3) THE DECREE AGAINST BOYS
(a) Question: What did Beili refer to by 'another matter on account of another matter'?
(b) Answer (Rav Nachman bar Yitzchak): They decreed that Nochri boys are Tamei like Zavim, so Yisrael boys will not regularly be with them, lest they come to homosexuality.
1. (R. Zeira): I had to ask Rav Asi many times before he could tell me from what age Nochri boys are considered Zavim (and he asked R. Yochanan many times, who asked R. Yanai, who asked R. Noson ben Amram, who asked Rebbi); he told me, form birth.
2. R. Chiya: They are Tamei after nine years old (i.e. nine years and one day).
3. Rebbi: R. Chiya is correct, for that is when he is capable of having relations.
(c) (Ravina): Likewise, a Nochris is considered a Zavah after three years old, for then she is capable of having relations (unlike Rav Nachman bar Yitzchak, who said from birth.)
(d) Objection: This is obvious!
(e) Answer: One might have thought, we decree about a boy of nine, for he knows to seduce, but a girl of three does not know to seduce, we need not decree (until she is older) - Ravina teaches, this is not so.
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