(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


BACKGROUND ON THE DAILY DAF

brought to you by Kollel Iyun Hadaf of Har Nof


Ask A Question on the daf

Previous daf

Rosh Hashanah 28

1) [line 13] TISALEK LEI B'TARTEI - let it count for him as two Teki'os (the end Teki'ah of the first "Teki'ah Teru'ah Teki'ah" and the first Teki'ah of the second "Teki'ah Teru'ah Tekia'h")

2) [line 14] PESUKEI TEKI'ASA ME'HADADI, LO PASKINAN - we do not split one [long] blast into two Teki'os

3) [line 24] ME'ILAH
(a) It is forbidden to derive personal benefit from anything that is Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha ... u'Nedarecha Asher Tidor" ("You may not eat in your settlements, ... and your pledges that you will pledge" - Devarim 12:17) (RAMBAM Hilchos Me'ilah 1:1- 3). The minimum amount for which one transgresses this prohibition is a Perutah's worth of benefit.
(b) If someone benefited from Hekdesh intentionally, he receives Malkos and must pay to Hekdesh the amount that he benefited. However, the object from which he benefited remains Hekdesh.
(c) If someone benefited from Hekdesh unintentionally, the object loses its Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his benefit plus an additional *fifth* (of the ensuing total, or a *quarter* of the original value). This is true of any object that has Kedushas Damim (i.e. it's value is consecrated to Hekdesh). An object that has Kedushas ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as is") does not lose its Kedushah under any circumstances.

4) [line 30] MITZVOS LAV LEIHANOS NITNU (Mitzvos were not given for the benefit derived from them)
(a) The Torah classifies many objects as Isurei Hana'ah (items from which it is prohibited to benefit), such as Orlah (see Background to Berachos 36:15), Kil'ei ha'Kerem (see Background to Eruvin 3:18), Eglah Arufah (see Background to Eruvin 35:19), Tziporei Metzora (see Background to Nidah 70:1), a Nazir's hair (see Background to Eruvin 4:15), Shor ha'Niskal (see Background to Nidah 8:4), Avodah Zarah (see Background to Shabbos 82:35), Ir ha'Nidachas (see Background to Kerisus 24:7), Peter Chamor (see Introduction to Bechoros 1:III), Basar b'Chalav (see Background to Chulin 103:6), Chulin she'Nishchetu ba'Azarah (see Background to Temurah 33:5) and a dead body (see Gemara Avodah Zarah 29b) and its grave or shrouds (Gemara Sanhedrin 47b).
(b) The Amora'im argue as to whether it is possible to perform a Mitzvah using one of the objects listed above (Rosh ha'Shanah 28a, Chulin 89a). Does the performance of a Mitzvah constitute "benefit" which is forbidden? Rava rules that the Torah does not include the performance of a Mitzvah in the prohibition of deriving benefit from Isurei Hana'ah. Rather, Mitzvos are required *obligations* which are thrust upon us, and they are not done for our "benefit." Therefore, performing a Mitzvah with one of the Isurei Hana'ah is permissible.
(c) One exception to this ruling is that even according to the opinion that Mitzvos may not be described as "benefit," performing a Mitzvah using Avodah Zarah is nevertheless prohibited. Avodah Zarah is disgusting before HaSh-m and it is not proper to use it in the performance of a Mitzvah.

5) [line 33] IR HA'NIDACHAS
A city that was led astray (Nidach) to the extent that its inhabitants committed idolatry, must be destroyed. All of those who were led astray must be killed and the city burned, along with all of the possessions of its inhabitants, as stated in Devarim 13:13-19. The righteous people who were not led astray are not killed, but their possessions are burned.

6) [line 34] D'KETUTEI MICHTAS SHI'UREI (The obligation to destroy it gives it a status of already having being destroyed. Consequently, it does not have the proper size, because it is considered as crushed to powder.)

(a) Many Mitzvos of the Torah require a specified amount of a certain item, such as a k'Zayis for the Mitzvah of eating Matzah, four Tefachim for the Mitzvah of Lulav, etc., or a Shofar which is at least a handbreadth in length.
(b) When there is a Mitzvah to burn a certain object, that object is considered already burned and reduced to ashes. We look upon it as separate particles of ash that happen to be stuck together. As such, we do not use it for any Mitzvah that has a size requirement, since it is considered as having infinitesimally small particles.
(c) The Rishonim argue as to how broadly this rule is applied:
1. Some contend that it applies to all Isurei Hana'ah (objects from which it is forbidden to derive benefit)
2. Others maintain that it only applies to those items that are burned (i.e. those items which may not be simply buried or otherwise obliterated)
3. Another opinion is that it applies only to items that there is a positive *Mitzvah* to burn
4. Yet others imply that it applies only to items that the *Torah* (as opposed to the Rabanan) gives us a positive Mitzvah to burn. (See TOSFOS Yevamos 104a, at the top, TOSFOS Sukah 35a DH Lefi, and Rishonim there).
5. Another point in question is whether the Halachah of Ketutei Michtas Shi'urei is linked to the opinion of Rebbi Shimon (who rules that "All that is meant to be burned is considered as already burned" -- Menachos 102b). According to the Rishonim that link the two laws, the Rabanan who argue with Rebbi Shimon do not hold of the rule that Ketutei Michtas Shi'urei (RITVA Sukah 31b, see also RASHI Chulin 89b DH Shi'ura and elsewhere regarding Ketutei Michtas Shi'urei).
7) [line 39] MEI CHATAS
If a person (or utensil) became Tamei through touching a Mes, he must wait seven days to become Tahor. On the third and seventh days he must have spring water mixed with the ashes of the Parah Adumah (Mei Chatas) sprinkled on him. A person who is Tahor dips three Ezov branches that have been bound together into the mixture, and sprinkles them on the person who is Tamei. On the seventh day, he immerses in a Mikvah after the mixture is sprinkled on him in order to complete his Taharah. (Bamidbar 19:17-19)

8) [line 43] KEFA'O - if one forced him
9) [line 44] KEFA'O SHED - a demon forced him
10) [line 44] ITIM CHALIM, ITIM SHOTEH - a person who is at times normal and at times a fool (crazy, mad, deranged)

28b---------------------------------------28b

11) [line 2] MITZVOS EIN TZERICHOS KAVANAH (Mitzvos do not require intention)
MITZVOS TZERICHOS KAVANAH
The Amora'im argue whether or not a person who performs a Mitzvah must be aware of the fact that he is doing a Mitzvah. According to the opinion that Mitzvos require Kavanah, one does not fulfill the Mitzvah without Kavanah, while according to the opinion that Mitzvos do not require Kavanah, one does fulfill the Mitzvah without Kavanah.

12) [line 6] B'KOREI L'HAGI'AH - when he is reading it in order to make corrections
13) [line 11] SAVUR, CHAMOR B'ALMA HU - he thought that it was just [the sound of] a donkey

14) [line 17] D'KA MENABE'ACH NEVUCHEI - he is only blowing short blasts (which are not long enough for the Mitzvah of Teki'as Shofar) and inadvertently he blows a long blast; alt. he is blowing air through the Shofar and inadvertently it makes a sound (TOSFOS)

15) [line 21] SHE'OLEH L'DUCHAN - that goes up to say Birkas Kohanim
16) [line 27] B'D'LO SIYEM - he did not yet finish saying the blessing [when he added in his own additional blessing]

17) [line 29] ILU MISRAMI LEI TZIBURA ACHARINA - if it comes out that there is another Minyan for him to bless

18) [line 30] U'MENA SEIMRA - and from where can you prove it (that if there is another Minyan that needs to be blessed by a Kohen, we say that it is still the time for the Mitzvah of Birkas Kohanim)

19a) [line 31] HA'NITANIN B'MATANAH ACHAS - Korbanos whose blood is placed only once on the Mizbe'ach; i.e. the blood of a Korban Pesach, Bechor, and Ma'aser
b) [line 32] MATAN 4 - Korbanos whose blood is placed on all four sides of the Mizbe'ach [which is accomplished by putting the blood one time on the southwestern and one time on the northeastern corner of the Mizbe'ach]; i.e. Shelamim, Asham Olah and Todah

20) [line 38] BECHOR -
(a) The Kedushah of Bechor rests on every first-born male of an ox, goat or sheep when it comes out of its mother's womb. Nevertheless, there is a Mitzvah for a person to sanctify it himself (Erchin 29, based on Devarim 15:19). He must then give it to a Kohen; it may not be redeemed.
(b) If the animal has no Mum (blemish), the Kohen must bring it as a Korban during its first year. After its blood and Emurim (see Background to Pesachim 43:15a and 95:9) are offered on the Mizbe'ach, its meat is eaten in Yerushalayim during the following two days and the intervening night by Kohanim, their wives, children and slaves.
(c) If the animal has a Mum, it must be slaughtered and eaten during its first year. If it developed a Mum after the first year, it must be slaughtered and eaten within thirty days. The Kohen can give it away or sell it, even to a non-Kohen. However, it may not be sold in a meat market or weighed in the usual manner.
(d) Whether or not it has a Mum, it is forbidden to work with a Bechor or to shear it. Any fleece that is removed from a Bechor, even if it came off on its own, is Asur b'Hana'ah. If, upon Shechitah, the animal is found to be a Tereifah, it is Asur b'Hana'ah and must be buried.
(e) Now that there is no Beis ha'Mikdash, a Kohen must care for a Bechor until it develops a Mum. Alternatively, he can sell it, even if it has no Mum, to a non-Kohen, who may eat it after it develops a Mum. It may not be bought, however, in order to be sold for a profit (Sefer ha'Chinuch #393, #445).

21) [last line] SHE'LO BI'ZEMANO BA'I KAVANAH - in order to transgress the prohibition of "Bal Tosif" (adding to a Mitzvah), one must intend to do the act for the sake of the Mitzvah when he is doing it *not* at the time that the obligation of the Mitzvah applies

Next daf

Index


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,
daf@shemayisrael.co.il