Makkot 23 - May 1, Iyar 3

Today's daf is sponsored by Dianne Kuchar in loving memory of her husband Dennis, Shimon Avraham, on his 3rd yahrzeit. "We all miss him." Today's daf is sponsored by Raquel Pilzer & Jennifer Lankin in loving memory of their beloved brother, Avigdor Chai Avraham on his 4th yahrzeit. "You are always on our minds and in our hearts." And also for the constant strength & safety of Raquel's husband Zevi in his current round of miluim." Today's daf is sponsored by Sara Berelowitz in honor of her newest grandchild, Levi, son of Chava and Meyer Sterman. The Gemara establishes the Mishna according to Rabbi Yishmael by explaining the case of oaths in the Mishna to refer to one who transgresses intentionally and is to receive lashes, not a sacrifice. This raises a difficulty with Rabbi Yochanan who holds like an unattributed Mishna but does not hold by this Mishna, as there is a case where no action is performed and Rabbi Yochanan holds there are no lashes in that case. To resolve the difficulty, they bring a different Mishna that Rabbi Yochanan holds by instead. Why would Rabbi Yochanan choose one and not the other? Why would Rebbi bring two different contradictory Mishnayot? After resolving all the issues, the Gemara raises a further issue. How can the Mishna be referring to lashes as leprosy and Shabbat as they are not punishable by lashes? There is a case of leprosy where one receives lashes and for Shabbat there are lashes if one is warned regarding lashes as Rabbi Yishmael holds that a negative commandment that is punishable by death can also be punishable by lashes. This explains why from the start the Mishna was explained according to Rabbi Yishmael. However, the Gemara questions this last point as the Mishna clearly doesn't accord with Rabbi Akiva for other reasons as he does not include one who forgets about the Temple and sacrificial items. This question can be resolved in the same way as we read the Mishna according to Rabbi Yishmael, with lashes instead of a sacrifice. After resolving the previous issues, more difficulties are raised with explaining the Mishna to be referring to lashes, as in the case of impurity, it is clear from the wording in the Mishna that the issue is one who sinned unwittingly and is obligated to bring a sacrifice. Therefore Rav Kahana (on the basis of Rav Yosef, but with a modification) explains that the Mishna accords with Rebbi who holds like Rabbi Yishmael in the case of impurity and Rabbi Akiva in the case of oaths. How can Rav Kahana be sure that Rebbi holds like Rabbi Yishmael in impurity and Rabbi Akiva in oaths. The Gemara provides sources for each one.  

This month's learning is sponsored by Bracha Rutner in loving memory of Anna Rutner. "She was a woman who was always curious about life. She came to the US in 1958 and learned English and made an incredible life for herself raising four children and seventeen grandchildren. She will always live on in our hearts and in the number of great-grandchildren named after her."  The Gemara begins with three structural questions regarding the Mishna. Why is Shevuot written right after Makkot? Why did the Mishna list all four cases that have two cases learned from the Torah and two from the rabbis, when in the context of Masechet Shabbat and Masechet Negaim (laws of leprosy), only the relevant case for the masechet is mentioned? Why did the Mishna begin with Shevuot, but when elaborating on the details, the case of impurity came first, and only after that does the Mishna move back to elaborate on laws of oaths? The Gemara explains in each of the four categories, what two cases appear in the Torah and what two are from rabbinic law. Does the Mishna follow Rabbi Yishmael or Rabbi Akiva? At first glance, it doesn't seem to follow either opinion as in oaths, Rabbi Yishmael holds one does not bring a sacrifice on oaths relating to past actions, and Rabbi Akiva holds that one does not bring a sacrifice if one forgot that the Temple was in that place or that the item was a sacrificial item. The first answer given is that each could fit with the Mishna if we adopt a different understanding of the Mishna. One could explain that the Mishna brings a list of two cases that are four, but not all obligate one in a sacrifice. This explanation is rejected since the Mishna also lists four cases for leprous marks and one is obligated to bring a sacrifice upon becoming purified from all four cases, and the assumption is that all four cases in the Mishna are similar in that way. The second answer given is that the Mishna follows Rabbi Yishmael and the Mishna refers to the obligation to receive lashes for an oath of expression that one did not keep intentionally, not a sacrifice for not keeping the oath because one forgot. This accords with Rava's position that one can derive from the verse about false oaths that one receives lashes for an oath of expression about something that happened in the past. To make this explanation fit with the Mishna, Rabbi Yishmael would need to hold that one receives lashes for a negative prohibition that to transgress it, one does not do an action, as the oath, "I will not eat," and one does not eat, does not involve an action on the part of the one who does not fulfill the oath. This raises a difficulty as Rabbi Yochanan holds like all unattributed Mishnayot, such as ours and he also holds that one does not receive lashes if no action is performed. To resolve this difficulty, the Gemara explains that Rabbi Yochanan holds by a different unattributed Mishna and they quote a Mishna in Makkot regarding notar, leftover meat from the Pesach sacrifice. However, this suggestion is rejected, as that Mishna can be understood following Rabbi Yehuda's explanation that it is a negative prohibition that has a positive way to fix it, lav hanitak l'asei, for which one is exempt from lashes.   

Shevuot bookmark Study Guide Shevuot 2 Masechet Shevuot is sponsored by Janet Hod "With immense gratitude to Hashem and also to Michelle and the Hadran team for all that they do" The Mishna lists four topics, each with four types of cases - two mentioned explicitly in the Torah and two that are extensions of the rabbis. the first topic is an oath of expression, when one takes an oath to either do or not to do something. The second is a person who is impure and forgets about their impure status and goes into the Temple or eats sacrificial items. The third and fourth relate to laws of carrying from one domain to another and a leprous mark. The first two cases incur the same type of sacrifice - a sliding scale offering, what one brings depends on the financial means of the one obligated to bring the sacrifice. The Mishna elaborates on the second category - one who goes to the Temple while impure and forgets momentarily about being impure or ate sacrificial items while being in a state of impurity. The process of atonement is through an individual sin offering. If one never realizes one's mistake or one does not even know that one became impure, one receives atonement from communal sin offerings. There are several communal sin offerings - brought on Rosh Chodesh, the three holidays (regalim) and Yom Kippur. For what sins do each of them atone? Are they meant to atone for the same transgressions or for different ones? What do the other sacrifices brought on Yom Kippur atone for (the two goats that are determined by a lottery - one is offered inside the Temple and one sent to Azazel)? There are several opinions about the purpose of each of the above sacrifices. For what purpose is the bull offering of the High Priest on Yom Kippur?  

For the text of the Hadran ceremony, click here. For more information about What is a Siyum, click here While there are 613 mitzvot in the Torah, King David and some of the prophets narrowed it down to a smaller list of the most basic mitzvot. Why were these specific ones chosen, most of them relating to justice and righteousness and involving relations between people? The masechet ends with the famous story of Rabbi Akiva laughing when seeing a fox running out of the kodesh kodashim or hearing the Romans on their way to attack, after the Temple was already destroyed, while his friends were crying. When questioned about his reaction, he explains, based on verses, that in order for the positive prophecy of Zecharia to be fulfilled, first the negative prophesy of Uriah needs to be fulfilled.  

Introduction to Masechet Shevuot

Our learning today is dedicated in honor of the State of Israel celebrating 77 years of independence. We continue to pray for the safe and speedy return of our hostages, for the safety of our soldiers, and for a refuah shleima for all the injured soldiers.  We also dedicate our learning to the speedy extinguishing of the terrible fires blazing in Israel and to the safety of the firefighters.  How were the lashes administered? Why? What situations would provide enough embarrassment for the one getting the lashes that even if some of the lashes were given or in some cases, even if none were yet administered, one would already have fulfilled receiving the punishment? Why was the whip made from a calf and a donkey? Rabbi Chanina ben Gamliel holds that one who is obligated to receive karet and then receives lashes for that sin, the lashes atone for the sin and the person will no longer receive karet. According to Rabbi Yochanan, the rabbis disagreed with Rabbi Chanina. Rav Ada proves this from a Mishna in Megilla. However, Rav Nachman and Rav Ashi reject the proof, each in a different way. The Mishna brings various statements regarding the value of observing mitzvot. When Rav Ada bar Ahava ruled like Rabbi Chanina ben Gamliel, Rav Yosef asked rhetorically if he had gone up to the heavens and seen that those who received lashes did not receive karet? Abaye responded that Rabbi Chanina derived it from a verse, just as in a statement of Rabbi Yehoshua ben Levi that there are three things the rabbis did that the heavens approved of - the obligation to read Megillat Esther, greeting a friend using the name of God, and bringing the tithes to the Temple to be distributed. Rabbi Elazar said that there are three instances where the Divine Spirit appeared in a court to intervene - with Yehuda, Shmuel, and Shlomo, as can be proven from verses in the Tanach. Rava rejects the proof from the verses, but says this was learned by a tradition. 

Today's daf is dedicated to the memory of the fallen soldiers of the IDF and security forces who fell in defense of Am Yisrael and Eretz Israel, and to the memory of those whose lives were tragically lost in terrorist attacks. May their memories be blessed. We are especially thinking of our Hadran learners who have lost children, grandchildren, siblings and close friends in the past year and a half. We continue to pray for the safety of our soldiers, for the safe and speedy return of our hostages, and for a refuah shleima for all the injured soldiers.  Today's daf is sponsored by Naomi Cohen in loving memory of her mother, Elisheva bat Yehuda, Elisabeth Maybaum, on her 6th yahrzeit. "Having fled the Nazi regime as a child, it gave her such joy and hope to see her children and grandchildren living Jewish lives, learning Torah, settling in Eretz Israel and defending it. Tehi zichra baruch." Does one get multiple punishments for an act on yom tov that involves multiple melachot (as is the case for sacrifices for one who violates Shabbat)?  If so, why isn't planting also listed in the Mishna? The Mishna listed a case where one plowed and received eight sets of lashes because of unique circumstances. Seven other suggestions are made to cases that could have been brought in the Mishna that would have added an additional set of lashes. Cases are brought regarding cross breeding with animals that are considered both hekdesh and chulin. How many lashes does one receive? If one cannot receive that many, the court assesses how many they can handle (must be a number divisible by 3).  What if they change the assessment? Does it depend on whether they already starting giving the person lashes or not? On what else does it depend?  How does an assessment work when there are multiple sets of lashes? How does the actual giving of lashes take place? What type of whip do they use? Where does the person receive the whipping?  

Today's daf is sponsored by David and Mitzi Geffen in loving memory of David's father, Dr. Abraham Geffen, on his 10th yahrzeit. "He was the youngest of 8 children of Rav Tuvia and Sara Hene Geffen of Atlanta, and was devoted to his wife Ethel, his three children as well as his parents, siblings and extended family, synagogue community (Beth El of New Rochelle, NY) and was a dedicated physician, the Director of Radiology at Beth Israel Medical Center in New York for many years." What are the parameters of the prohibition to make an incision in one's body as an act of mourning? How are these details derived from the verses? Why is it forbidden to shave the corners of the beard specifically with a razor? Rabbi Eilezer adds other implements - tweezers and a plane. Why those and not scissors? What are the parameters of the prohibition of imprinting a tattoo? The Mishna lists various ways that one can be liable for many sets of lashes for the same action, or receive multiple sets of lashes for one action as one violated many negative commandments.

Today's daf is sponsored by Rochelle Cheifetz in loving memory of her mother, Chana Cohen, Chana bat Rav Moshe and Tzipora Mashbaum, on her 4th yartzeit. "You graced us all with your glorious smile, innate wisdom and beautiful neshama. To say that you are missed every day is an understatement." Today's daf is for the refuah shleima of Elad ben Netta. The Gemara questions Rabbi Yochanan's statement that one only receives lashes for eating maaser sheni outside Jerusalem after it was brought into Jerusalem, based on a derivation from Rabbi Yosi's words ina braita. The Gemara resolves this difficulty by explaining the derivation from Rabbi Yosi's as referring to a case where the produce had already been brought into Jerusalem, and the innovation is that it entered while still being tevel (untithed produce), and he holds that gifts that have not been separated are considered as if they have been separated. However, the Gemara raises a difficulty with this resolution (because it seems R' Yosi doesn't actually hold this position). The Gemara then presents two answers from Rabba and Ravina to resolve this difficulty. One who makes a bald spot on his head as a sign of mourning for the dead, who rounds the corners of his head or destroys the hair on his beard, or who makes a cut in his flesh for the dead receives lashes. The Gemara discusses the details of these commandments and the minimum measurements for which one would be liable.

This week's learning is sponsored by Sara Averick & Jose Rosenfeld in loving memory of Sara's beloved Aunt Rose, Rachel bat Chaim Nisan haLevi v'Nechama. "She was a Yiddish scholar who adored all her nieces and nephews. She was a beacon of light, laughter and joy." Rava bar Ada said in the name of Rabbi Yitzchak that a non-kohen is only liable for eating bikkurim once they have been brought into the azara, since until that point, they are still considered chulin. , not sacred. Rav Sheshet ruled that placing the bikkurim in front of the altar is critical, but reading the mikra bikkurim is not. The Gemara brings a braita of Rabbi Yishmael trying to prove that Rav Sheshet holds by his opinion. However, this suggestion is rejected. In the braita, Rabbi Yishmael derives the source for not eating maaser sheni after the destruction of the Temple. First, he tries to prove it from bechor, a firstborn animal, But after he rejects this suggestion, he proves it from a heikesh, a juxtaposition, from a verse in the Torah. The Gemara raises some questions against some of the content in the braita. Why couldn't they derive the law about maaser sheni from bechor and bikkurim together? Secondly, why was it so clear that the meat of a bechor could not be eaten after the Temple was destroyed, if, for example, the animal had already been offered as a sacrifice before the destruction? The first and second Mishna in the chapter both mention lashes for eating maaser sheni. To explain why the repetition, Rabbi Yosi bar Chanina establishes the second Mishna in a case of an impure person eating it in Jerusalem or the produce itself was impure and the person ate it in Jerusalem, whereas the first Mishna related to one receiving lashes for eating it outside Jerusalem (in a pure state). What is the source for receiving lashes for impurity of either the maaser sheni or the person eating it? From where is it derived that maaser sheni can be redeemed in Jerusalem if it is impure? From where is it derived that if a person bringing maaser sheni to Jerusalem is one step outside the walls of Jerusalem, one can still redeem it? What if the person is carrying it on their back and their body is in Jerusalem but the produce is not yet in Jerusalem?