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Yevamos 90

YEVAMOS 86-90 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) [line 2] ACHAL TERUMAH (TASHLUMEI TERUMAH)
(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 are Tehorim.
(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 Pesachim 32:1). 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 Terumah).
(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).

2) [line 10] V'AMRI LAH KEDI- (a) and some say it was [asked by a sage named] Kedi (RASHI Gitin 85b); (b) and some say it was asked without a specific sage's name being mentioned (ibid.)

3) [line 12] MESHALEM KOL D'HU - he may pay anything, that is, Chulin Tehorim or Teme'im (RASHI to Gitin 54a)

4) [line 26] HURTZAH (RITZUY TZITZ)
(a) Tum'ah renders Korbanos unfit for being offered. Therefore, if the *blood* of a Korban becomes Tamei before it is cast on the Mizbe'ach (Zerikas ha'Dam), it becomes prohibited to do Zerikas ha'Dam. Similarly, Rebbi Yehoshua rules that if all of the *meat and Chelev* of a Korban becomes Tamei before Zerikas ha'Dam, it becomes prohibited to do Zerikas ha'Dam (Pesachim 77b). In addition, if the *Eimurim* or parts of a Korban that are to be offered on the Mizbe'ach, become Teme'im even after Zerikas ha'Dam, it becomes prohibited to offer them afterwards.
(b) However, all these laws apply only l'Chatchilah. B'Di'eved, if the Kohen did Zerikas ha'Dam b'Tum'ah and the Kohen Gadol was wearing the Tzitz (see next entry) at the time, the Tzitz makes the Kohen's Avodah acceptable. The Korban may be eaten and the owner has fulfilled his obligation. This Halachah is learned from the verse, "... l'Ratzon Lahem Lifnei HaSh-m." (Shemos 28:38). However, if the meat became Tamei, the Tzitz does not render it fit to be *eaten*.
(c) Korbenos Tzibur (public sacrifices) do not need the Tzitz to render them acceptable. If they become Teme'im through one of the above-mentioned Tum'os, they may be offered l'Chatchilah. Also, if all of the Kohanim are Teme'im, they may offer Korbanos l'Chatchilah. These Korbanos, however, even thought they were offered b'Tum'ah, may not be eaten (with the exception of the Korban Pesach, which is a Korban Tzibur that may be offered b'Tum'ah and also eaten b'Tum'ah).

5) [line 28] HA'TZITZ - the thin gold plate on which was written "Kodesh la'Sh-m", worn on the forehead of the Kohen Gadol (Shemos 28:36-38). See Charts to Shabbos 63b.

6) [line 28] HA'CHELEV - the fats of the Korbanos that are burned on the Mizbe'ach. They are: 1. the layer of fat covering the stomachs; 2. all other fat attached to the stomachs; 3. the fat on the kidneys (Vayikra 3:3-4).

7) [line 30] ME'AYEIL CHULIN LA'AZARAH
(a) There is a Machlokes Tana'im as to whether it is forbidden mid'Oraisa or mid'Rabanan to slaughter animals in the Azarah other than Korbanos. According to those Tana'im who rule that this Halachah is mid'Oraisa, its source is from the verse, "Ki Yirchak Mimecha ha'Makom...v'Zavachta..." - "Since the place chosen by HaSh-m is far...you need only slaughter..." (Devarim 12:21). Chazal learn from this verse that we may only slaughter Chulin *outside* of the Azarah of the Beis ha'Mikdash.
(b) Other Tana'im rule that this Halachah is mid'Rabanan, and was enacted to prevent people from thinking that these animals are Korbanos. Since they may be eaten outside of the Azarah, people will think it is permitted to eat Kodshim outside of the Mikdash.

90b---------------------------------------90b

8) [line 1] BAI'I L'OSOVECH - I was planning to refute your claim [from the following Halachos:]

9) [line 1] HAZA'AH
(a) 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)
(b) If the seventh day falls on a Shabbos that is Erev Pesach, even though Haza'ah is only a Shevus (see Background to Rosh Hashanah 32:23), it does not Docheh ("push aside") Shabbos, and the Temei Mes does not complete his Taharah in time to bring a Korban Pesach.

10) [line 1] IZMEL - The knife used for performing Bris Milah When a baby boy is born on Shabbos, his Bris Milah falls on the following Shabbos. The Mitzvah of Milah is Docheh Shabbos, as is learned from the verse (Vayikra 12:3, Shabbos 132a). Carrying the Izmel through courtyards and roofs in order to perform the Milah on Shabbos, however, is prohibited (Shabbos 130b), even though doing so would only transgress a Rabbinic prohibition.

11) [line 2] KIVSEI ATZERES
(a) On Shavuos, two sheep that are Zivchei Shelamim are offered in conjunction with the Shtei ha'Lechem. (These sheep were the only Shelamim brought by the Tzibur, and the only Shelamim that were Kodshei Kodshim.)
(b) If one of the four Avodos (see Background to Pesachim 59:16) of a Korban Pesach or Chatas are performed she'Lo Lishmo (not for the sake of that particular Korban), they are Pasul. All other sacrifices are Kosher and may be offered on the Mizbe'ach. This applies to the Kivsei Atzeres that are slaughtered she'Lo Lishman as well, as the Gemara states (Beitzah 20b), "its blood may be cast on the Mizbe'ach and its meat may be eaten."
(c) If Shavuos falls on Shabbos, however, the blood may not be cast on the Mizbe'ach, since this action is a Shevus, which is prohibited mid'Rabanan to be performed on Shabbos (RASHI).

12) [line 8] MIGDAR MILSA SHANI - a measure for controlling dissension (in this case, idol worship) is different; it allows for no analogies

13) [line 9] BATLO (GET: BITUL HA'GET)
(a) According to the Torah, a man who sends a Get (bill of divorce) to his wife with a messenger can revoke it before it reaches the hands of his wife by declaring in front of a Beis Din (i.e. two or three men -- Gitin 32b), "The Get that I have sent is hereby nullified." (MISHNAH Gitin 32a)
(b) The repeal of the Get takes effect even if it is not done in the presence of the woman or the messenger. However, the Chachamim forbade revoking the Get unless it is done in the presence of the messenger or the wife. According to some Amora'im, they feared that if the husband would revoke the Get without the knowledge of the messenger and the wife, his wife may marry another man, relying on the Get, without realizing that the Get was revoked before it was handed to her. In order to prevent this unfortunate situation, the Chachamim decreed that a man may not revoke a Get after sending it to his wife with a messenger unless he (or a second messenger of his) does so in their presence. Other Amora'im maintain that the decree was enacted because men regularly used to cancel Gitin after they dispatched them in order to distress their wives. The Chachamim therefore ruled that the husband (or a second messenger of his) must revoke the Get in the presence of the original messenger or the wife. The husband will not go to such lengths and pursue the original messenger to revoke the Get, just to distress his wife (ibid. 33a and RASHI).
(c) If the husband *does* revoke the Get while not in the presence of the first messenger or the wife (b'Di'eved), the Tana'im argue as to whether his action has any validity (ibid.). The Halachah follows the opinion that the repeal takes effect. However, since with the repeal the husband has transgressed a Rabbinical enactment, he receive Makas Mardus (see Background to Background to Yevamos 52:1) for his action.

14) [line 11] IM KEN, MAH KO'ACH BEIS DIN YAFEH? - If not, how will the authority of Beis Din be effective (if we do not fulfill their decision strictly)?

15) [line 15] V'AFKE'INHU RABANAN L'KIDUSHIN - and the Chachamim uprooted the Kidushin retroactively

16) [line 24] SHE'HETI'ACH B'ISHTO - who had relations with his wife [in an exposed place]

17) [line 35] D'LO TEHEVEI LEI EIVAH - so that he will not feel enmity, not bear a grudge

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