BACKGROUND ON THE DAILY DAF
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Previous daf Yevamos 73
1) [line 4] ANINUS (The Halachic status of a mourner immediately after a
close relative's death)
(a) A person is called an Onen mid'Oraisa on the day of death of one of his
seven closest relatives for whom he is required to arrange for burial (i.e.
father, mother, brother, sister, son, daughter and wife). Chazal (Zevachim
101a) learn the Halachah of Aninus from the verse, "v'Achalti Chatas ha'Yom,
ha'Yitav b'Einei HaSh-m?" (Vayikra 10:19). Aninus does not apply between a
man and the woman he betroths.
(b) Besides the prohibition against an Onen performing the Avodah, eating
Kodshim, etc. *mid'Oraisa*, the Rabanan extended the prohibitions even after
Aninus mid'Oraisa has passed. However, the Tana'im and Rishonim argue as to
the nature of this Gezeirah. They also argue as to whether Aninus mid'Oraisa
always applies for the entire day or for part of the day in certain cases.
With regard to these questions, Aninus may be broken into five time periods,
1. The day of death, before burial - according to all opinions Aninus
mid'Oraisa applies, as above.
2) [line 7] BIKURIM
2. The day of death, after burial - according to Rashi (Pesachim 90b DH
ha'Onen, Zevachim 15b DH Onen) only Aninus mid'Rabanan applies. According to
the Ramban (Toras ha'Adam) Aninus mid'Oraisa still applies.
3. The night after the day of death (according to Rashi in #2, before burial;
according to Ramban in #2, even after burial) - the Tana'im argue if the
Aninus is mid'Oraisa or mid'Rabanan (Zevachim 99b). Most of the Rishonim rule
that the Aninus is not mid'Oraisa but rather mid'Rabanan.
4. The days after the day of death, even if the body has not been buried -
Aninus only applies mid'Rabanan (Zevachim 100b) until the end of the day of
burial. Also on the day of "Likut Atzamos" (when the remains of one of the
close relatives are exhumed and re-buried elsewhere), the Rabanan decreed
that the person is an Onen for that entire day.
5. The night after the day of burial - the Tana'im (Zevachim 100b) argue
whether the person is an Onen mid'Rabanan or not at all, and the Halachah
follows the opinion that he is not an Onen at all.
(a) The Mitzvah of Bikurim consists of bringing the first fruits to emerge in
one's field every year to the Beis ha'Mikdash. While the basket was on his
shoulder, the owner recites specific verses from Devarim (26:3, 5 - 10)
thanking HaSh-m for taking us out of Egypt and giving us the land of Yisrael.
He then places the basket of fruit at the base of the southwestern corner of
the Mizbe'ach (RAMBAM Hilchos Bikurim 3:12) and bows down before HaSh-m.
Afterwards, he gives the Bikurim to a Kohen (Mishnah Bikurim 3:8, RAMBAM
(b) The Mitzvah of Bikurim applies only to the seven species with which the
land of Eretz Yisrael was blessed (Devarim 8:8) -- wheat, barley, grapes,
figs, pomegranates, olives and dates (Bikurim 1:3, RAMBAM ibid. 2:2).
(Although many other types of produce now grow in Eretz Yisrael, these are
the *only* species of produce truly indigenous to Yisrael. Other,
"immigrant," species can be destroyed by drought or harsh weather, but these
7 species will always be part of the land -- heard once from a leading
(c) In certain instances, the owner only brings the fruit, without reciting
the declaration (Mevi v'Eino Korei). For example, if he brings them between
Sukos and Chanukah, he does not recite the verses (see Gemara Pesachim 36b
and Rashi there).
(d) Kohanim eat the Bikurim within the walls of Yerushalayim. If a person
eats the Bikurim outside of Yerushalayim after they have entered Yerushalayim
(according to the Rambam, or after the Bikurim have entered the Azarah
according to Rashi in Makos), he receives Malkos. They must be brought back
into Yerushalayim and eaten there.
3) [line 8] CHOMESH
(a) After a crop is harvested and brought to the owner's house or yard, the
owner must separate Terumah from the crop, which he gives to a Kohen. Kohanim
and members of their households are allowed to eat Terumah, as long as they
(b) If a non-Kohen eats Terumah without knowing that it is Terumah, he must
replace what he ate in the form of a food that becomes Terumah (Tashlumei
Terumah). He returns the Keren, the amount of Terumah that he ate, to the
Kohen who owned the Terumah (see Insights to the Daf, Pesachim 32). In
addition, he is fined another Chomesh (fifth) of the ensuing total (i.e. a
quarter of the value of what he ate). This Chomesh may be paid to any Kohen
(Terumos 6:2), and is not necessarily given to the Kohen who owned the
Terumah that was eaten.
(c) If the person ate Terumah in an abnormal fashion, such as by drinking
olive oil, he only pays the value of the Terumah that was destroyed (i.e. the
normal Halachah of damages applies to him, and not the laws of Tashlumei
(d) A non-Kohen who eats or benefits from Terumah b'Mezid (intentionally)
pays the value of the Terumah destroyed (i.e. the normal Halachah of damages
applies to him, and not Tashlumei Terumah), and incurs the punishment of
Misah b'Yedei Shamayim (Sanhedrin 83a).
(e) The above Halachos apply to Bikurim as well.
4) [line 9] OLIN B'ECHAD U'ME'AH
(a) Terumah and Bikurim only become Batel (canceled) if one part of Terumah
or Bikurim falls into at least 100 parts of Chulin. Even if the Terumah or
Bikurim is Batel, it is forbidden for non-Kohanim to eat the entire mixture;
the equivalent of the amount of Terumah or Bikurim that fell in must first be
(b) If the percentage of Terumah or Bikurim that fell into the Chulin was
greater than one in one hundred, the mixture is known as *Meduma* (lit.
mixed) and is forbidden to be eaten by non-Kohanim.
(c) According to Tosfos in Chulin 99a DH Ein, this law applies only if the
Terumah or Bikurim was the same type of food as the Chulin; otherwise it is
Batel just like any other Isur.
5) [line 10] RECHITZAS YADAYIM - Netilas Yadayim with a cup; (a person's
hands are considered to be a Sheni l'Tum'ah unless he washes them with water
from a cup and concentrates on keeping then Tehorim from the time that they
were washed and onward.)
6) [line 10] HE'EREV SHEMESH
A Tevul Yom is a person or utensil that has been immersed in a Mikvah but is
still waiting for nightfall. The level of Tum'ah of a Tevul Yom is minimal;
he or it is considered only a Sheni l'Tum'ah such that if he or it touches
Terumah or Kodesh, the Terumah or Kodesh becomes Pasul and must be burned.
Chulin that he or it touches do not become Temei'im. At nightfall, he or it
becomes completely Tahor.
7) [line 13] U'MAI SHIYER, D'HAI SHIYER? - What else did the Tana leave out
so that he should also leave this out?
8) [line 16] HAVA'AS MAKOM - an obligation to be brought to Yerushalayim (as
9) [line 16] VIDUY (VIDUY MA'ASER U'VIKURIM)
(a) The Torah requires that at two times during the seven-year Shemitah cycle
the owner of a field must recite Viduy Ma'aser, as is learned from Devarim
(b) In the afternoon of Erev Pesach in the fourth and seventh years, the
owner first performs Bi'ur, giving all remaining Terumah and Terumas Ma'aser
to Kohanim, Ma'aser Rishon to Leviyim, and Ma'aser Ani to the poor. All
remaining Ma'aser Sheni, Pidyonos of Ma'aser Sheni (coins on which Ma'aser
Sheni was redeemed), and Bikurim must be destroyed wherever they are.
(c) He then says Viduy Ma'aser, declaring that he has set aside all of the
required tithes and gifts, and that he kept all the Mitzvos with regard to
them. The declaration is found in Devarim 26:13-15, and may be recited in any
language that the owner understands. According to the MISHNAH (Ma'aser Sheni
5:6), RASHI (Sanhedrin 11b) and TOSFOS (Rosh Hashanah 4a DH u'Ma'asros), this
declaration is stated in the afternoon of Erev Pesach. According to the
RAMBAM, (Hilchos Ma'aser Sheni 11:1-3), it is stated in the afternoon of the
last day of Pesach.
(d) The words of Viduy Ma'aser "Bi'arti *ha'Kodesh* Min ha'Bayis, (or *v'Gam*
Nesativ la'Levi - Rashi Devarim 26:13 based on the Yerushalmi Ma'aser Sheni
5:5) refer to Bikurim. (According to Rebbi Shimon, Viduy Bikurim refers to
the verses that are recited when the owner holds the basket of fruits on his
10) [line 17] BI'UR
See above, entry #9b
11) [line 1] TUM'AS ATZMAN - when the Ma'aser Sheni and Bikurim are Tamei
12) [line 4] "LU SUCHAL LE'ECHOL BI'SHE'ARECHA..." - "You may not eat in your
settlements the tithe of your grain, or of your wine, or of your oil, or the
firstborn of your herds or of your flock, nor any of your pledges [to
Hekdesh] that you will pledge, nor your freewill offerings, or offerings of
your hand." (Devarim 12:17)
13a) [line 22] "...KA'TZEVI VECHE'AYAL." - "...like the deer and the
gazelle." (Devarim 15:22) - Alternatively, the Ayal may be the roe deer or
red deer. Chazal describe it as an animal with branched antlers.
b) [line 22] KA'TZVI VECHE'AYAL (PESULEI HA'MUKDASHIN)
(a) Pesulei ha'Mukdashin are Korbanos that became unfit to be offered upon
the Mizbe'ach because of a Mum (blemish). After they are redeemed, it is
still forbidden to work with them or to shear them. The milk they produce is
also forbidden. They are only permitted to be eaten after being slaughtered
(b) The Mishnah in Bechoros (5:1) states that Pesulei ha'Mikdashin may be
sold in the marketplace and weighed with a Roman Libra, a pound. These acts
are normally considered unfitting for Kodshim, and are prohibited to be done
to a Bechor
14) [line 27] "LO ACHALTI V'ONI MIMENU, V'LO VI'ARTI MIMENU B'TAMEI, V'LO
NASATI MIMENU L'MES..." - "I have not eaten of it (Ma'aser Sheni) while I was
an Onen, neither have I consumed any of it while Tamei, nor given any of it
for the dead;" (Devarim 26:14)
15) [line 31] KODESH - Korbanos
16) [line 34] U'MA RA'ISA - what did you see [that made you apply the Kal
va'Chomer to Kodshim, which prohibits burning oil of Hekdesh that became
Tamei, while you apply the word "Mimenu" to Terumah, which permits burning
oil of Terumah that became Tamei]?
17) [line 36] PaNKAKaS
These words are a mnemonic device listing six things that apply to Kodesh
that make it more stringent than Terumah: 1. *P*igul (see Background to
Yevamos 70:8); 2. *N*osar (see Background to Yevamos 70:9); 3. *K*orban (that
objects of Kodesh are brought close to the precincts of HaSh-m); 4. Me'*I*lah
(that one brings a Korban Me'ilah for benefiting from Kodesh); 5. *K*ares
(see below, entry #19); 6. A*S*ur l'Onen (see above, entry #1)
18) [line 36] 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 [to Hekdesh]
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 (Rosh Hashanah 28a).
19) [line 36] KARES
(a) Some sins are so severe that they are punished with Kares, or "being
severed" from the world and dying before one's time. One who deliberately
transgresses a commandment that is punishable with Kares receives Kares even
if nobody witnessed his act, and even if nobody warned him at that time he
transgressed that his violation carries the consequence of Kares. This
punishment is not administered by the courts, but through divinely
(b) Another divinely administered punishment that involves untimely death is
Misah b'Yedei Shamayim, death at the hands of heaven. The commentaries
explain that there are two main differences between Kares and Misah b'Yedei
Shamayim (see TOSFOS YEVAMOS 2a DH Eshes Achiv; TIFERES YISRAEL Sanhedrin
1. One who is punished with Kares will die before age 60 (according to the
Bavli, Moed Katan 28a, or before the age of 50, according to the Yerushalmi,
Bikurim 2:1), while one punished with Misah b'Yedei Shamayim will die after
the age of 60 but before his time has come (according to the Bavli, or before
the age of 60, according to the Yerushalmi, ibid.)
(c) There is a form of Kares in which the sinner not only dies before his
time, but does is not granted any portion in the World to Come as well
2. When one is punished with Kares, even his children (who are minors at the
time of his sin) die, and he bears no further children. When one is punished
with Misah b'Yedei Shamayim, only he is punished and not his children.
(Yevamos 55a and Rashi there; however, according to RIVA in Tosfos Yevamos 2a
DH Eshes, this only applies to the sins for which the Torah specifies the
punishment of "Ariri"; i.e. having relations with one's paternal brother's
wife or with one's paternal uncle's wife.)
3. Some add that when punished with Kares, the sinner's cattle and
possessions slowly expire until he is left destitute -- see Insights.
20) [line 38] MaCHPaZ
These words are a mnemonic device listing four things that apply to Terumah
that make it more stringent than Kodesh: 1. *M*isah [b'Yedei Shamayim] (see
previous entry); 2. *CH*omesh (see above, entry #3); 3. Ein Lah *P*idyon (it
may never be redeemed); 4. Asurah l'*Z*arim (it may never eaten by someone
who is not a Kohen, a Kohen's wife or a Kohen's slave)
21) [line 39] HANACH NEFISHAN - these properties are greater in number
22) [line 43] LAV HA'BA MI'CHELAL ASEH, ASEH
See Background to Yevamos 68:6.