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Yoma 69

1) "KIL'AYIM" IN THE "BIGDEI KEHUNAH"

QUESTION: The Gemara discusses whether it is permitted for a Kohen to derive benefit from the Bigdei Kehunah while he is not performing an Avodah. Does deriving benefit from the Bigdei Kehunah constitute Me'ilah or not? The Gemara provides various proofs to permit deriving benefit from the Bigdei Kehunah. The first proof is from our Mishnah, which states that the Kohen Gadol may wear the Bigdei Kehunah when he reads from the Torah (which is not an Avodah). Second, the Gemara quotes a Beraisa which says that the Kohanim are permitted to sleep in and to walk around while wearing the Bigdei Kehunah. Finally, the Gemara cites a Beraisa which says that the Kohanim are permitted to place the Bigdei Kehunah beneath their heads when going to sleep.

The Gemara rejects the last proof and says that the Beraisa does not mean that it is permitted to place the Bigdei Kehunah *underneath* their heads, but rather *beside* their heads. The Gemara lends support to this interpretation by pointing out that if it actually meant under their heads, there would be a problem of deriving benefit from Kil'ayim (for the Avnet was made of wool and linen).

Why is the Gemara addressing the problem of Kil'ayim only at this point? If there is a problem wearing the Bigdei Kehunah because of Kil'ayim, then why did the Gemara suggest at the beginning of the Sugya that it is permitted to wear the Bigdei Kehunah even when the Kohen is not doing an Avodah? Even if there is no Isur of Me'ilah, there is still an Isur of Kil'ayim! Why does the Gemara only address the problem of Kil'ayim now, when discussing placing the Bigdei Kehunah underneath one's head?

ANSWERS:

(a) TOSFOS (Menachos 40b-41a, DH Techeles) and TOSFOS YESHANIM here point out that there is strong proof from this Sugya for the opinion of RABEINU TAM. Rabeinu Tam asserts that since it is permitted to wear a garment with Kil'ayim in order to fulfill the Mitzvah of Tzitzis, one may wear that garment even at a time when no Mitzvah is being fulfilled (such as at night). (That is, Rabeinu Tam maintains that the reason it is permitted to wear a garment with Kil'ayim in order to fulfill the Mitzvah of Tzitzis is not merely because of "Aseh Docheh Lo Ta'aseh," but because the Torah completely permitted -- Hitirah -- the Isur of Kil'ayim on a garment with Tzitzis.) A similar principle may be applied to Kil'ayim in the Bigdei Kehunah. Since the Kohen is permitted to wear Kil'ayim while he is performing the Avodah, he may also wear the Bigdei Kehunah with Kil'ayim while he is not performing the Avodah. The Isur of benefiting from Kil'ayim will apply only when the Kohen is *not* wearing the Bigdei Kehunah, but is warming hiself with them in another manner. The Torah permits Kil'ayim only when the Kohen is *wearing* the Bigdei Kehunah, but not when he is sitting on top of the Bigdei Kehunah or resting his head on them.

(See also RA'AVAD, Hil. Kilayim end of 10 and Hil. Klei ha'Mikdash 8:10, who rules like Rabeinu Tam and argues with the Rambam on this point..)

(b) The MEFARESH in Tamid (27a) says that the question of Kil'ayim *does* refer back to the beginning of the Sugya, and the Gemara indeed could have asked it there. The Gemara, though, knew that the answer to the question would apply to the entire Sugya, to all the cases of wearing the Bigdei Kehunah with Kil'ayim. The Gemara answers that the garment with Kil'ayim is made of a very hard material, to which the Isur of Kil'ayim does not apply.

The Mefaresh learns that not only is it permitted to lie on Kil'ayim when the garment is made of a hard material, but there is no problem of even *wearing* Kil'ayim when the garment is made of a hard material, because it does not warm a person while he wears it, and if it does not serve to warm it is not Kil'ayim. (See below, Insight #3.)

QUESTION: The Gemara cites a Beraisa which states that although the Torah only forbids one from putting Kil'ayim upon his body, the Rabanan prohibited even lying down or sitting on top of Kil'ayim, out of fear that perhaps a thread of Kil'ayim will wrap up onto the person. The Gemara asks that perhaps that Isur d'Rabanan applies only when the Kil'ayim is directly underneath the person, but if there is an intervening object between him and the Kil'ayim it is permissible. The Gemara responds with a quote from the Tana'im that even if there are ten sheets spread one on top of the other and there is Kil'ayim underneath them, it is forbidden to lie upon the top sheet.

Why does the Beraisa say that the reason for the prohibition of lying on Kil'ayim is because perhaps a thread of Kil'ayim will wrap up onto the person? If it is forbidden to lie even on sheets which are on top of Kil'ayim, the prohibition s obviously *not* due to the fear that a thread might wrap up onto one's body, because there are many sheets separating his body from the Kil'ayim! Rather, it is a Gezeirah to prevent one from taking the Kil'ayim that is underneath him and wearing it. Why, then, does the Beraisa give the reason of a hair wrapping up onto his body?

ANSWERS:

(a) The RITVA (Beitzah 14b) says that the Gezeirah prohibiting lying on top of ten sheets that are on top of Kil'ayim is actually a "Gezeirah l'Gezeirah," a rabbinical decree made to safeguard another decree. The original Gezeirah of the Rabanan was to prohibit lying directly on a garment of Kil'ayim, lest a thread of Kil'ayim wrap up onto his skin. The Gezeirah prohibited lying on ten sheets which are on top of Kil'ayim was enacted in order to prevent one from lying directly on Kil'ayim, which would then be Asur because a thread might wrap onto his skin. (Both Gezeiros are considered to be one Gezeirah -- "Kula Chada Gezeirah" -- since they were both enacted at one time.)

(b) The RAMBAM (Hilchos Kil'ayim 10:12) appears to have learned that even if a garment of Kil'ayim is beneath ten sheets, we are still afraid that a thread from the garment of Kil'ayim might somehow get on top of the sheets and reach one's skin. It is all the same Gezeirah. This also appears to be the opinion of TOSFOS (DH Kashim).

The Rambam and Tosfos are consistent with their own opinions. They hold that even if a garment is very hard, it is prohibited to lie directly on top of it. It is only permitted if there is something separating between his skin and the hard garment of Kil'ayim. They consider sitting on Kil'ayim to be a form of "Ha'ala'ah," placing the garment on one's body, because what difference does it make if the garment is on top of his body, or his body is on top of the garment? As long as one's flesh is touching the garment, it is considered Ha'ala'ah. According to this view, it is not necessary to have a Gezeirah to prohibit sitting on Kil'ayim because of the reason that a thread might wrap up onto one's body. Why, then, was such a Gezeirah made? It must be that the Gezeirah that a thread might wrap up onto his body was made to prohibit a garment of Kil'ayim underneath several sheets.

(c) The RAN in Beitzah (14b) infers from RASHI there (DH Shema Tikarev) that the prohibition against lying on Kil'ayim lest a thread wrap itself up onto his body is an Isur d'Oraisa and not d'Rabanan. When the Beraisa says that "the Chachamim said that it is forbidden [to lie on Kil'ayim]," it means that it is forbidden because it is a Safek of an Isur d'Oraisa. In the case of the Kil'ayim underneath the ten sheets, there is no Isur d'Oraisa, but only a Gezeirah so that one not come to sit on the garment of Kil'ayim itself.

(d) The RAN himself, though, suggests that the Gezeirah of lying on top of sheets which are on top of a garment of Kil'ayim is a Gezeirah to prevent Ha'ala'ah -- to ensure that one does not pick up the garment and wear it. It has nothing to do with the fear that a thread will wrap onto one's body; we are not afraid of that, since the Kil'ayim is below other sheets.

This Gezeirah that one might wear the Kil'ayim, however, applies only to the type of garment that is normally worn, but not to sheets. If the Kil'ayim on bottom is a sheet, it is only prohibited to sit directly on top of it, because there is no fear that one might pick it up and wear it. Rather, there is only a fear that since he is sitting directly on the Kil'ayim, a thread might wrap up onto him. An item of clothing, on the other hand, is prohibited even if it is under ten sheets, because then the Gezeirah that he might wear it applies.

This explanation is supported by the text of the Beraisa which says, "Even ten sheets, one on top of the other, and Kil'ayim *beneath them* [is prohibited]." This implies the prohibited item itself is not a sheet, but is a different garment made of Kil'ayim.

OPINIONS: The Gemara says that since the Avnet is made of a hard material, there is no prohibition of Kil'ayim when the Kohen lies on it. When exactly is it Mutar to use Kil'ayim made from a hard material?

(a) The RA'AVAD (on the Rif, Beitzah 15a) explains that mid'Oraisa, there is no prohibition of Kil'ayim from a hard material, and mid'Oraisa it is permissible even to wear such Kil'ayim. The Rabanan, though, made a Gezeirah not to wear it, but they permitted sitting or lying on it. A soft material of Kil'ayim, of course, is prohibited to wear mid'Oraisa, and is prohibited to sit on or lie on mid'Rabanan. If the material is somewhat soft and somewhat hard, then it is prohibited to *wear* mid'Oraisa, but it remains completely permissible to *sit on*. The Rabanan did not enact the Gezeirah for such material because it is not common ("Lo Shachi'ach").

(b) RASHI (DH Shari) in our Sugya says that placing Kil'ayim of a hard material on one's body ("Ha'ala'ah") is permitted even though it is normally Asur mid'Oraisa to place Kil'ayim on one's body. The reason is because Ha'ala'ah is only forbidden if it is done in a manner similar to *wearing* it. It must give a person "Hana'ah" benefit [e.g. through providing warmth], like wearing it always does.

We can infer from Rashi that *wearing* Kil'ayim ("Levishah") is *always* forbidden, even when the material is hard, because (as the TOSFOS RID in Beitzah says) when one wears an item, he derives benefit not only from the warmth that it provides, but from the protection that it affords or from the Kavod that it brings him. That is no so when it comes to Ha'ala'ah, in which case the only benefit that one derives from the cloth is the warmth.

(c) TOSFOS (Beitzah) and TOSFOS YESHANIM here explain in the name of RABEINU TAM that whenever there is an Isur *d'Rabanan* of Kil'ayim (such as lying down on a normal garment of Kil'ayim), the Rabanan permitted using that Kil'ayim if it is from a hard material. However, any form of Kil'ayim which is Asur mid'Oraisa remains Asur mid'Oraisa even when it is a hard material. Therefore, as far as sitting on Kil'ayim which is Asur mid'Rabanan, or wearing Kil'ayim the threads of which were pressed and not woven (which is Asur mid'Rabanan), the Rabanan permitted it if it is a hard material.

The RA'AVAD in Tamid (27b) permits Kil'ayim of a hard material only when one is sitting or lying on top of it. That is, only "Hatza'ah" is permitted when the material is hard. Any other Isur d'Rabanan remains Asur even if the material is hard (such as wearing a garment of pressed threads which were not woven). He says in the name of Rabeinu Efraim that the threads of a hard cloth do not have a tendency to wrap up around the person, and therefore the Gezeirah against lying on Kil'ayim does not apply to hard material.

(d) The RAMBAM (Hilchos Kil'ayim 10:13) rules that there is an Isur d'Oraisa for wearing Kil'ayim of a hard material. It is only permitted to sit or lie on hard Kil'ayim (Hatza'ah), but not to wear it (Levishah) or to place it on top of one's body (Ha'ala'ah), like the Ra'avad in Tamid. Furthermore, the Heter to sit or lie on hard Kil'ayim applies only when the material is not touching the person's skin. If one is sitting directly on top of the Kil'ayim, then according to the Rambam it is forbidden. (The Ra'avad in Tamid suggests that the reason for this is because the Rambam maintains that Ha'ala'ah applies whenever the Kil'ayim is in direct contact with the person's skin, whether the garment is on the person or the person is on the garment. Ha'ala'ah is Asur mid'Oraisa, and therefore it remains Asur even when the Kil'ayim is a hard material.)

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