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Sotah, 30

1) "SHELISHI" FOR TERUMAH AND "REVI'I" FOR KODESH: MID'ORAISA OR MID'RABANAN

OPINIONS: The Gemara derives the Halachos of Shelishi for Terumah and Revi'i for Kodesh from either a Kal v'Chomer or from a Mah ha'Tzad. (See Chart.) Are these sources true Limudim that teach a Halachah d'Oraisa, or are they only supports for Halachos that are mid'Rabanan?

(a) RASHI in our Sugya implies that the Halachos of Shelishi for Terumah and Revi'i for Kodesh are both mid'Oraisa, and that the Kal v'Chomer of our Gemara is a full-fledged Kal v'Chomer. Even though both Kal v'Chomers that the Gemara suggests (to teach Shelishi and Revi'i) seem to be refutable through the argument of "Dayo," nevertheless, our Gemara holds -- like Rashi writes -- that when a Kal v'Chomer will be rendered completely useless if the rule of "Dayo" is applied, then we do not apply "Dayo" and the Kal v'Chomer remains in effect. (The problem of "Dayo" of the Kal v'Chomer that teaches Shelishi for Terumah is that the Chumra of a Sheni is that it *itself* is Tamei for Chulin, but not that it is Metamei other items. Hence, we should not be able to learn from there that a Sheni could make another item Pasul in the case of Terumah. The problem of "Dayo" of the Kal v'Chomer that teaches Revi'i for Kodesh is that one who is Mechusar Kipurim is only *Asur* to *eat* Terumah, but he does not make Terumah that he touches Pasul, and therefore we should not be able to learn from there that a Shelishi makes Terumah become Pasul.)

This is also the opinion of TOSFOS in many places (Pesachim 19a, DH Lo; Chulin 35a, DH Ein Lecha; Chagigah 21b, DH Basraisa (2)).

(b) However, RASHI in Pesachim (19a, DH Amar Lei) argues that Revi'i for Kodesh is only *mid'Rabanan*. He proves this by pointing out that Rebbi Yosi -- who is the one who makes the Kal v'Chomer -- himself holds that a solid food cannot be Mekabel Tum'ah from either a liquid or a solid food, but only from a Kli. A Kli can never be less than a Rishon l'Tum'ah, and thus the food that touches the Kli would become a Sheni, and the liquid that touches that food would become a Shelishi, after which nothing else would become Tamei, mid'Oraisa. Rebbi Yosi must be discussing the Tum'ah *d'Rabanan* of food or drink that touches another food, and thus the whole point of his Kal v'Chomer is to teach a Halachah d'Rabanan and to teach where it is possible to have a Revi'i l'Tum'ah.

Rashi cites proof for this from the Gemara in Chagigah (20b) which says clearly that the Chumra of Kodesh (that a Revi'i will make Kodesh become Pasul, while only a Shelishi will make Terumah become Pasul) is only a Ma'aleh d'Rabanan that has no source in any d'Oraisa law. (See Tosfos in Pesachim who cites a different Girsa of the Gemara in Chagigah, and who attempts to reconcile the Gemara in Chagigah with his opinion that Revi'i for Kodesh is d'Oraisa, even according to Rashi's Girsa.)

(c) RASHI in Chulin (35a) seems to have a third opinion. Rashi explains that even the status of Shelishi for Terumah is also only mid'Rabanan, and food that touches a Tevul Yom is also Pasul (as a Shelishi) only mid'Rabanan. According to Rashi, all of the Kal v'Chomers in our Sugya are not true Kal v'Chomers (perhaps because of the problem of "Dayo"), and they are only teaching Halachos mid'Rabanan.

This is the opinion of Rashi later in Chulin (128a, DH Mehader) as well (see Gilyon ha'Shas and Rashash there). This also seems to be the opinion of Rashi's second explanation in Chagigah (24a, DH Eino Din).

How could Rashi say that a Tevul Yom does not make Terumah become Pasul mid'Oraisa? The Gemara in Yevamos cites two sources from the Torah to teach that a Tevul Yom may not touch Terumah. One of the sources is that which Rashi cites in our Sugya (beginning of 29b), that the Torah clearly refers to a *Kli* which is a Tevul Yom, which remains Tamei until the evening with regard to Terumah. A Kli obviously cannot eat Terumah, and thus the verse must be teaching that a Kli cannot *touch* Terumah.

How does Rashi in Chulin explain that verse? Apparently, Rashi learns that just like it is prohibited for a person who is a Tevul Yom to *eat* Terumah, it is prohibited for a person or a Kli that is a Tevul Yom to *touch* Terumah. But if he does touch it, b'Di'eved the Terumah does not become Pasul. That is, the Gemara in Yevamos is teaching only that it is prohibited for a Tevul Yom to touch Terumah, but not that the Terumah becomes Pasul (this is implicit in the words of Rashi in Yevamos).

The Acharonim cite a source for Rashi's opinion in Chulin from the Girsa of the Gemara of some Rishonim in Pesachim (35a; see Rabeinu Nisim Ga'on in Berachos 35b, and Tosfos in Menachos 21a, DH Yatzu), that after a person performs Tevilah when he is still a Tevul Yom, he is actually Tahor, and the Torah merely made a special level of purity, a Ma'aleh, that prohibits him from eating Kodshim.

OPINIONS: Rebbi Yosi proves from a Kal v'Chomer that a Revi'i level of Tum'ah will make Kodesh become Pasul. His Kal v'Chomer is from the Halachah of one who is Mechusar Kipurim, who is "Pasul b'Kodesh" even though he is Mutar b'Terumah. If a Mechusar Kipurim is Mutar b'Terumah but yet is Pasul b'Kodesh, then certainly a Shelishi -- which makes Terumah Pasul -- should make Kodesh a Revi'i (see Chart, footnote 7). When referring to a Mechusar Kipurim's status with regard to Kodesh, Rebbi Yosi says that a Mechusar Kipurim is "Pasul" for Kodesh. Does Rebbi Yosi mean that a Mechusar Kipurim is merely prohibited from eating Kodesh, or is he also able to make Kodesh Pasul by touching it?

(a) The RASHASH in Chagigah (beginning of 21a) asserts that a Mechusar Kipurim is not only prohibited mid'Oraisa from eating Kodesh, but he is even able to be Posel Kodesh, mid'Oraisa, by touching it. He proves this from the Gemara in Yevamos (74b), in which Rava infers from the verse (Vayikra 12:7) that teaches that the Mechusar Kipurim becomes Tahor after bringing his Korban, that until that time the person is Tamei. Rava concludes, therefore, that the Halachah that meat of Kodesh that touches something Tamei may not be eaten applies to meat of Kodesh that touches a Mechuasr Kipurim before the person brings his Korban (see Rashi there, DH Kari).

(b) However, the wording of our Gemara clearly implies that a Mechusar Kipurim is not Posel Kodshim mid'Oraisa, but that he is only *Pasul* to eat Kodshim mid'Oraisa. Although it is true that he *is Posel* Kodshim (Tevul Yom 2:4) -- that is only mid'Rabanan. The RASHASH (Chagigah 24a) cites the Tosefta in Chagigah (3:7), which is the source for Rebbi Yosi's kal v'Chomer, and the Yerushalmi in Chagigah (3:4), which both say that the Kal v'Chomer is from the Halachah that a Mechusar Kipurim is *Posel* Kodesh. Nevertheless, the Girsa of our Gemara, the Gemara in Chagigah (24a), and the Gemara in Pesachim (18b) is that a Mechusar Kipurim is *Pasul* (not Posel) for Kodesh. This is also clear from the Gemara in Pesachim (35a, according to our Girsa; see previous Insight) which tells us that a Mechusar Kipurim is Asur b'Kodshim mid'Oraisa only because of a Ma'aleh, but *not* because he is Tamei.

In fact, the TOSFOS HA'ROSH questions why our Gemara says that a Mechusar Kipurim is only Pasul from eating Kodesh and is not Posel. Why should he not be Posel Kodesh as well because of the logic of the Rashash (that the Torah implies that he is Tamei and any Kodesh that a Tamei touches becomes Pasul)?

The Tosfos ha'Rosh answers that the Torah does not actually refer to a Mechusar Kipurim as "Tamei." Rather, it says merely that after he brings his Korban, he "becomes Tahor." Only something that is explicitly called "Tamei" can be Posel items of Kodesh.

How, though, are we to understand the Gemara in Yevamos which the Rashash cites as proof that a Mechusar Kipurim can be Posel Kodesh?

The Gemara there is expressing the opinion of Rava, who argues with Abaye about this point. Apparently, our Gemara and the Gemara in Pesachim (35a) side with Abaye, who says that Kodesh that is touched by a Mechusar Kipurim does not become Pasul mid'Oraisa. (Rava will adopt the Girsa of the Rashash in the statement of Rebbi Yosi, that Mechusar Kipurim is *Posel* items of Kodesh.)

30b