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1) OTHER LAWS OF "IR HA'NIDACHAS"

(a) (Mishnah): Kisvei ha'Kodesh are buried.
(b) Our Mishnah is not like R. Eliezer.

1. (Beraisa - R. Eliezer): If there is even one Mezuzah in a city, it cannot become an Ir ha'Nidachas.

(c) Question: What is his reason?
(d) Answer: "V'Es Kol Shelalah...v'Sarafta";

1. We cannot burn a Mezuzah - "Lo Sa'ason Ken la'Sh-m Elokeichem".

(e) (Mishnah - R. Shimon): Hash-m says...(R. Yosi ha'Galili forbids using the city for gardens or orchards, R. Akiva permits).
(f) Suggestion: R. Yosi ha'Galili and R. Akiva argue about R. Avin's law.

1. (R. Avin): Wherever a Klal (generality) is given in a Mitzvas Ase, and a Prat (particular) in a Lav, we do not expound according to Klal u'Prat.
2. R. Akiva argues with R. Avin (he expounds "V'Haysah Tel Olam" like a Klal (everything is forbidden, even gardens) "Lo Sibaneh Od" is a Prat (it forbids houses) - from a Klal u'Prat we only learn the Prat, only houses are forbidden;
3. R. Yosi ha'Galili holds like R. Avin, he does not expound the Klal u'Prat - everything is forbidden by an Ase, houses are also forbidden by a Lav.

(g) Rejection: No, all agree with R. Avin, they argue about how to expound "Od":

1. R. Yosi ha'Galili expounds "Od" - it may not be rebuilt at all;
2. R. Akiva expounds, it may not be rebuilt as it was (but gardens are permitted).

(h) (Mishnah - R. Akiva): It may not be rebuilt as it was, but gardens and orchards are permitted.

(a) (Beraisa): Uprooted trees in the city are forbidden, attached trees are permitted;

1. Of another city, both attached and detached are forbidden.

(b) Question: What does it mean 'Of another city'?
(c) Answer (Rav Chisda): It refers to Yericho - "V'Haysah ha'Ir Cherem (Hi v'Chol Asher Bah) la'Sh-m".
(d) (Beraisa): "Va'Yashba Yehoshua...Arur ha'Ish... Asher Yakum u'Vanah *Es ha'Ir ha'Zos Es Yericho* bi'Vchoro Yeyasdenah uvi'Tz'iro Yatziv Delaseha" - Yericho may not be rebuilt, even by a different name, and no city may be built and called Yericho;

1. "Banah Chi'el Beis ha'Eli (and he called it) Es Yericho ba'Aviram Bechoro Yisdah uvi'Sguv Tz'iro Hitziv Delaseha". (Ramah - or, he built Yericho by a different name.)

(e) (Beraisa): It is understood why he did not realize that his firstborn died on account of the curse, for Aviram was a Rasha, but he should have realized that Seguv died because of the curse!
(f) Objection: We have no source that Aviram or Seguv was a Rasha!
(g) Correction: Rather, Chi'el was a Rasha, he should have realized that Aviram died because of the curse.
(h) Question: Since it says that Aviram was his firstborn, we know that Seguv was younger!
(i) Answer: This teaches that he kept burying his intermediate children while he was building it.
(j) Ach'av was his close friend; Eliyahu and Ach'av came to visit him during his mourning (Ramah - to find the reason for his punishment).

1. Achav: Perhaps Yehoshua cursed that Yericho may not be rebuilt, even by a different name, and no city may be built and called Yericho;
2. Eliyahu: Correct!
3. Achav: Moshe's curse was not fulfilled - "Va'Avadtem (idolatry)...v'Lo Yihyeh Matar" - I put idolatry in every furrow, yet there is so much rain, it is hard to go to serve them!
4. Immediately, Eliyahu swore "Chai Hash-m...Im Yihyeh...Tal u'Matar (rain will only come by my decree)" - he prayed, and Hash-m gave him the key to rain.

(a) Question: "(Hash-m told him) V'Nistarta b'Nachal...veha'Orvim Mevi'im Lo Lechem u'Vasar ba'Boker".- where did the bread and meat come from?
(b) Answer (Rav Yehudah): They took it from Ach'av's slaughterers.
(c) "Va'Yivash ha'Nachal Ki Lo Hayah Geshem" - Hash-m saw that the drought was paining Yisrael, so he told Eliyahu to go to Tzarfas;

1. "Chalah Ben ha'Ishah" - Eliyahu prayed for the key of revival of the dead to revive her son.
2. Hash-m: I have three keys that I never entrusted to a Shali'ach (Rashi - except for you; Tosfos (Ta'anis 2A) - permanently) - birth, rain and Techiyas ha'Mesim - it is not proper that (you) the Talmid hold two and the Rebbi hold only one;
3. Return the key of rain to me, I will give you the key of Techiyas ha'Mesim (Eliyahu did so) - "Lech He'ra'eh El Ach'av v'Etnah Matar" (tell Achav that there will be rain).

(d) A man of Galil: A parable - a man locked his gate and lost the key, so he was not the one to open it. (Likewise, Eliyahu stopped the rain, he did not restore it.)
(e) Eliyahu used to come to R. Yosi's Beis Medrash. R. Yosi once taught 'Our teacher Eliyahu was a Kapdan (temperamental)'; Eliyahu did not come for three days. When he came, R. Yosi asked why he had not come for three days.

1. Eliyahu: Because you called me a Kapdan.
2. R. Yosi: This shows that you are a Kapdan!

(a) (Mishnah): "Ve'Lo Yidbak b'Yadcha Me'umah Min ha'Cherem" - as long as there are Resha'im in the world, Hash-m's anger is in the world...
(b) Question: Which Resha'im does the Mishnah refer to?
(c) Answer (Rav Yosef): Thieves.
(d) (Beraisa): When a Rasha enters the world, anger enters the world - "B'Vo Rasha Ba Gam Buz..."

1. When a Rasha leaves the world, good comes to the world - "Uva'Avod Resha'im Rinah",

(e) When a Tzadik leaves the world, evil comes to the world - "Mipne (before) ha'Ra'ah Ne'esaf ha'Tzadik";

1. When a Tzadik comes to the world, good comes to the world - "Zeh (No'ach) Yenachamenu moMa'asenu umi'Etzvon Yadenu".