POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Makos 17
MAKOS 16-20 - Ari Kornfeld has generously sponsored the Dafyomi publications
for these Dafim for the benefit of Klal Yisrael.
1) "MA'ASER" OF "DEMAI"
(a) (Rav Yosef): Tana'im argue about this.
2) TRANSGRESSIONS ONE IS LASHED FOR
1. (Beraisa - R. Eliezer): (Demai is produce bought
from an ignoramus. Most ignoramuses take Ma'aser;
mid'Oraisa, Demai is permitted, but mid'Rabanan, one
must be concerned for the minority and take
Ma'aser). When separating Ma'aseros on Demai, one
need not designate Ma'aser Oni (since in any case he
keeps it himself, the poor cannot prove that Ma'aser
Oni was not yet separated);
(b) Rejection (Abaye): If so, they should argue about whether
or not one may eat (definite) Tevel before separating
2. Chachamim say, one must designate it (he may eat it
3. Suggestion: R. Eliezer holds that Tevel of Ma'aser
Oni is Tovel (it is forbidden to eat produce before
taking Ma'aser Oni), therefore he obligates taking
Ma'aser Oni; Chachamim hold that it is not Tovel.
(c) (Abaye): Rather, all agree regarding definite Tevel that
it is Tovel;
1. They argue whether or not we are concerned that an
ignoramus did not separate Ma'aser Oni.
(d) (Mishnah) Question: How much Tevel must one eat...?
2. R. Eliezer says, we are not concerned - since
Ma'aser Oni is permitted everywhere and to everyone,
an ignoramus separates it and eats it himself (even
though he should give it to the poor);
3. Chachamim are concerned, perhaps he (did not know
that a verbal declaration suffices and) did not want
to toil to separate it.
(e) (Rav Bivi): Chachamim and R. Shimon argue about eating a
wheat kernel, but all agree that one is not lashed for
less than a k'Zayis of flour (it is not a full creation).
(f) (R. Yirmeyah): They also argue regarding flour.
(g) Question (Mishnah - R. Shimon): Don't you agree that one
is liable for eating a (full) ant of any size?
1. Chachamim: That is because it is a full creation.
(h) Answer: R. Shimon addresses Chachamim according to their
2. R. Shimon: A wheat kernel is also a full creation!
3. Inference: He only argues regarding a wheat kernel,
for it is a full creation, he admits regarding
1. I hold that even regarding flour, one is liable for
any amount - you should admit to me regarding a
wheat kernel, for it is a full creation!
(i) Support (for R. Yirmeyah - Beraisa): If one eats any
amount of (any food forbidden by a Lav) he is lashed;
2. Chachamim say, an ant has a Neshamah, it is a
significant creation; a wheat kernel is not so
1. The quantity of k'Zayis only applies regarding
Korbanos (for food forbidden by Kares).
(a) (Mishnah): The following are punished by 40 lashes:
1. Eating Bikurim before Kri'ah (saying the Parshah),
Kodshei Kodoshim outside the hangings (of the
Mishkan, or outside the Azarah of the Beis
ha'Mikdash), or Kodshei Kalim or Ma'aser Sheni
outside the wall (of Yerushalayim);
(b) One who leaves over meat of (even a) Tahor Korban Pesach
or breaks a bone of a Pesach brought in Tum'ah (e.g. when
most of Yisrael were Teme'im) is not lashed.
2. Breaking a bone of a Korban Pesach brought in
(c) R. Yehudah says, if one takes a mother bird sitting on
her chicks or eggs, he is lashed, he has no Mitzvah to
send it away;
(d) Chachamim say, he sends it away, he is not lashed;
1. The general rule is: one is not lashed for a Lav
which has an Aseh to fix the transgression.
(e) (Gemara - Rabah bar bar Chanah): Our unauthored Mishnah
is like R. Akiva, but Chachamim say Hanachah of (putting
down) Bikurim is Me'akev (it is forbidden to eat them
before this), Kri'ah is not Me'akev.
(f) Question Why didn't he say that our unauthored Mishnah is
like R. Shimon?
(g) Answer: He teaches that R. Akiva holds like R. Shimon.
1. (Beraisa): "(Lo Suchal Le'echol
bi'Sh'arecha)...U'Trumas Yadecha" - this refers to
2. Question (R. Shimon): What does this teach?
3. Answer #1: It forbids eating them outside the wall.
4. Rejection: A Kal va'Chomer from Ma'aser (Sheni)
i. Ma'aser is lenient, yet one who eats it outside
the wall is lashed - Bikurim is stringent, all
the more so, it is forbidden to eat it outside
5. Answer #2: It obligates lashes for eating Bikurim
6. "V'Nidvosecha" - this refers to Todah (thanksgiving
offering) and Shelamim.
7. (R. Shimon): This cannot forbid eating them outside
the wall - a Kal va'Chomer from Ma'aser teaches
i. Rather, it obligates lashes for eating Todah or
Shelamim before Zerikah (throwing the blood).
8. "U'Vchoros" - this refers to Bechor (a firstborn,
which is a Korban).
9. (R. Shimon): This cannot forbid eating it outside
the wall - a Kal va'Chomer from Ma'aser teaches
i. It cannot forbid eating it before Zerikah - a
Kal va'Chomer from Todah and Shelamim teaches
10. "Bekarcha v'Tzonecha" - this refers to Chatas and
ii. Rather, it obligates (a Zar) lashes for eating
Bechor, even after Zerikah.
11. (R. Shimon): This cannot forbid eating it outside
the wall (or before Zerikah or for a Zar who eats
it) - a Kal va'Chomer from Ma'aser (or Todah and
Shelamim or Bechor) teaches this!
i. Rather, it obligates lashes for eating Chatas
or Asham outside the hangings, even after
12. "Nedarecha" - this refers to Olah.
13. (R. Shimon): This cannot forbid eating it outside
the wall (or before Zerikah or outside the hangings
or for a Zar who eats it) - a Kal va'Chomer from
Ma'aser (or Todah...) teaches this!
3) REFUTATIONS OF THE "KAL VA'CHOMERIM"
i. Rather, it obligates lashes for eating Olah,
even after Zerikah inside the hangings.
(a) (Rava): One should have children like R. Shimon (he
expounds awesomely!), even though he is refuted:
1. The stringency of Bikurim (over Ma'aser) is that it
is forbidden to Zarim - just the contrary, Ma'aser
is more stringent, it is forbidden to an Onen (one
who lost a relative today)!
(b) Question: Rava refuted R. Shimon's Kal va'Chomerim - why
did he say that one should have children like R. Shimon?
2. The stringency of Todah and Shelamim (over Ma'aser)
is that their blood and Emurim (Chelev) is offered
on the Mizbe'ach - just the contrary, Ma'aser is
more stringent, it can only be redeemed on minted
3. The stringency of Bechor (over Todah and Shelamim)
is that it is Kodesh from the moment it is born -
just the contrary, Todah and Shelamim are more
stringent, they require Semichah, Nesachim and
waving the chest and foreleg!
4. The stringency of Chatas and Asham (over Bechor) is
that they are Kodshei Kodoshim - just the contrary,
Bechor is more stringent, it is Kodesh from the
moment it is born!
5. The stringency of Olah (over Chatas and Asham) is
that it is Kalil (totally burned on the Mizbe'ach) -
just the contrary, Chatas and Asham are more
stringent, for they atone;
i. Moreover, all other Korbanos are more stringent
than Olah, for both the Mizbe'ach and people
consume (different parts of) them!
(c) Answer: According to the Kal va'Chomerim he makes, he
wondrously inverts the verse to learn many laws.
(d) Question: Do we really warn (to give lashes) on account
of a Kal va'Chomer?!
1. Even according to the opinion that we punish on
account of a Kal va'Chomer, we cannot derive the Lav
from a Kal va'Chomer!
(e) Answer #1: Indeed, R. Shimon did not mean that one is
lashed for these, just that they are forbidden.
1. Question: But Rava said that if a Zar eats (a
k'Zayis of) Olah before Zerikah outside the wall of
Yerushalayim, according to R. Shimon he is lashed
five times (sets of 39 lashes)!
(f) Objection: Our Mishnah teaches that one is lashed for
Bikurim outside the wall, and Kodshei Kodoshim outside
2. Answer: He means, he transgresses five prohibitions.