Transcript Translit עברית
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0:11 say good morning, good morning. 0:13 Let us begin, begin by thanking all of our sponsors for this morning's Shiur. 0:17 To thank our Talmud Torah sponsors for the month of Tammuz Haba Aleinu Letova, Yona and Abby Rahm for dedicating all the Shiurim and Derashos this month as a Refuah Shleimah for Eliezer ben Elisheva. 0:32 Daniel and Batsheva Pava of Eretz Yisrael for dedicating all the Shiurim and Derashos this month for the third Yahrtzeit of רב שלמה וויי שלמה בן יהודה אריה. 0:41 And Yossi Malka Cohen for dedicating all the Shiurim and Derashos this month in memory of Rabbi Dr. 0:46 Nachum Shorr, רב נחום בן רב חיים יהושע הלוי זכרונו לברכה. Our week of learning sponsors: the Miller and Rosen families Leilui Nishmas Dr. 0:56 Joseph Miller, חיים יוסף בן ראובן זכרונו לברכה. And our Daf Yomi sponsors for today: Al and Sara Steinberg in the Zechus of continued Hatzlacha for Chana bas Shusha for an ultimate Refuah Shleimah, as well as our Daf Yomi sponsors Brian and Sara Tanen in honor of the engagement of their 1:15 daughter Leora to Zevi Lyons from Kochav Yaakov. Mazel Tov, Mazel Tov to the Chasan Kallah. 1:20 We should be Zocheh B'ezras Hashem to build a Beis Ne'eman Beyisrael home filled with Mazel, Bracha, Simcha and Kedusha עד מאה ועשרים שנה טובות. 1:28 All of, we wish, we hope that in the merit of our Talmud Torah, all of the Neshamos should have an Aliyah, the families a Nechama, all those who need a Refuah should have one together with Kohl Cholei Yisrael. Hakadosh Baruch Hu should Im Yirtzeh Hashem provide Shmira Yeseira and 1:42 Bracha to our brothers and sisters in Eretz Yisrael. Hatzlacha to our holy soldiers and we should be Zocheh B'ezras Hashem to Bracha and Besoros Tovos for all of Am Yisrael in Eretz Yisrael. 1:50 And so with that, let us begin today's Daf is Ayin Aleph. 1:53 We are picking up on Ayin Amud Bais, 70B. 1:57 Did we leave off by the second wide line? 1:59 Is that about where we left off? 2:00 אלא אמר רב נחמן בר יצחק? Yeah, sounds good. 2:06 I'm sorry? The Chazir case? 2:10 Where is that? One line above the wide lines? 2:15 Ah, okay, good, perfect. 2:16 משקיף לה רב אחא דבוי בר אמי חזי במאי חזיתא לא לטמי? So, folks, remember again the idea that we were talking about, just to reorient ourselves for a moment over here. 2:26 The Mishna introduced us to the concept that Halacha Lema'aseh if you have an animal that is pregnant and the fetus died in utero and then you went ahead, right, the shepherd went ahead and he inserted his hand and he touched the 2:37 fetus, so the Tanna Kamma said that ultimately again the shepherd is Tahor. Tahor. Rabbi Yose HaGlili made a distinction between whether or not the animal is a kosher animal, a non-kosher animal, but the idea over here, at least according to the Tanna Kamma, was the concept 2:52 of Tuma Belua, the idea being that if Tuma is absorbed then Halacha Lema'aseh it does not convey any type of Tuma. 3:00 Right, so because this is absorbed in the mother, so why is that? 3:03 So we had Rav Chisda. Rav Chisda said it's a Kal Vechomer, and the Kal Vechomer, the Kal Vechomer was based on the idea that if the Shechita of the mother is enough to allow the fetus to go ahead and be consumed without Shechita, then obviously again 3:17 the fact that the mother is alive is enough to keep the fetus from becoming or from conveying Tumas Meis. 3:24 Okay, that, that was his logic. 3:27 The Gemara then, the Gemara then went ahead and Rabbi Yitzchak saw, again the Gemara was then going through this idea, then they asked according to Rabbi Yose HaGlili, what's Rabbi Yose HaGlili's logic? 3:36 So Rabbi Yose HaGlili says yes, I agree with that if the mother is kosher, but if the mother is not kosher then Halacha Lema'aseh Tuma will be conveyed. 3:44 So we're going through this right now. 3:45 So Rabbi Yitzchak came along and gave the Svara of Rabbi Yose HaGlili and he quoted the Pasuk of ובכל הולך על כפיו בכל החיה ההולכת. 3:54 So now let's, let's jump back into this. 3:56 משקיף לה רב אחא דבוי בר אמי חזי במאי חזיתא לא לטמי? So if that's the case based on the Pasuk that we saw yesterday, that if a Chazir is pregnant with its offspring, with a fetus, ultimately again, and the fetus dies in utero, it should not convey Tuma. 4:14 Why? דמהלכי שמנה במהלכי שמנה הוא because this is a case of something that walks on eight, right, inside of something that walks on eight. 4:21 Remember again, folks, a Chazir has split hooves, has split hooves, so this would be again a case of eight, so we call it eight because four paws, so to speak, right, each of them are split, that represents eight. 4:33 And again, Halacha Lema'aseh only something, according to Rabbi Yose HaGlili, only something that four, four-pawed, four-pawed conveys Tuma, eight-pawed does not. 4:43 Gemara quotes the pasuk: וכי נבלת בהמה טמאה מטמא ובטהור לא מטמא. 4:59 Wait a second, based on what you see in the pasuk, it sounds like the pasuk is saying it's only the nevela of a non-kosher animal conveys tumah, but that's not true. 5:09 The nevela of a kosher animal also conveys tumah. Ella eizeh zeh so what is this referring to? 5:14 זה עובר שבטמאה טמא ובטהורה טהור. So where is it exactly that the Torah is making a distinction in the laws of nevela between a kosher animal and a non-kosher animal? 5:26 Oh, it must be the case of an ubar. 5:28 It's the case of where the fetus died in utero. 5:31 And the Torah is making this interesting distinction, and the distinction is that if it is a kosher animal, right if it's a kosher animal then ultimately again its ubar its fetus will not convey tumah upon its death. 5:43 If it's a non-kosher animal it absolutely will. 5:47 This remember, this is the svara of Rebi Yose ha-Glili. 5:51 ומדנפקא ליה מדרב נחמן בר יצחק דרבי יצחק למה לי? So now that we learn this from Nachman bar Yitzchak, so ultimately again why do I need Rebi Yitzchak's drasha? 5:59 אילא דרבי יצחק הוה אמינא כולה לכדרבי יהודה אתא because again, had we not had Nachman bar Yitzchak I would have assumed that the entire drasha or the entire halakha follows Rebi, which we'll see on ayin aleph in just a moment. 6:12 Ka mashma lan that it does not. 6:14 So Tanya, so rabosai, so bottom line, bottom line, what we are faced with over here is a fundamental machlokes between the Tanna Kamma and Rebi Yose ha-Glili. 6:22 Namely, if you have a situation of an animal that is pregnant and the fetus dies in utero. 6:27 Then the shepherd goes ahead reaches into the mother and touches the fetus. 6:30 Does the dead fetus convey tumah? Tanna Kamma says absolutely not. 6:35 It's what we call tumah blua, ultimately again the tumah is absorbed, there's nothing to talk about. 6:40 Beis and again seemingly based on the svara of Rav Chisda, the kal v'chomer of Rav Chisda, that just like the shechita of the mother permits the fetus, so too the life of the mother, the fact that the mother is alive prevents 6:51 the fetus from conveying any type of tumas nevela. Rebi Yose ha-Glili will make a distinction between a kosher animal and a non-kosher animal. 7:00 Kosher animal the fetus will not convey tumas nevela, non-kosher animal it will. 7:05 Okay, that's where we're up to now in all of this. 7:08 Says the Gemara. Says Gemara. Tanya, amar Rebi Yochanan. 7:12 Very interesting Gemara. Amar Rebi Yochanan, namti le-Ben Azzai. So namti means I motioned, right we're having a conversation, Ben Azzai and I are having a conversation, I motioned to Ben Azzai, למדנו נבלת בהמה טהורה שמטמאה ונבלת בהמה טמאה שמטמאה. 7:26 We learned remember again rabosai a nevela which means a carcass, an animal carcass, so a carcass of a nevela, right I'm sorry, a carcass a nevela of a kosher animal, chaya tehorah. 7:37 Sorry, one more time. 7:38 למדנו נבלת בהמה טהורה שמטמאה, we've learned that the nevela, the carcass of a behema tehorah has the ability to convey tumah, וכי נבלת בהמה טמאה מטמא, and ultimately again the nevela, the nevela of a behema tmei-ah goes ahead and conveys tumah. 7:56 נבלת חיה טמאה שמטמאה נבלת חיה טהורה לא למדנו מנין. Similarly again I also know that the nevela of a chaya tmei-ah, again rabosai make this distinction between behemas and chayas, behemas domesticated animals, chayas non-domesticated animals, so I also know that ultimately again that the nevela of a chaya tmei-ah conveys tumah. 8:17 The one thing I don't know that we did not learn that I don't have a positive exposition for is נבלת חיה טהורה לא למדנו מנין. 8:25 What about the nevela of a chaya tehorah? 8:29 How do I know that that conveys tumah? 8:31 So namti, he responded back to me: כל הולך על כפיו בכל החיה ההולכת. 8:36 The pasuk says anything that walks on its paws or anything that's walks on its legs, this indicates to us any chaya, so this of course would come to include again a kosher chaya as well. 8:47 Namti lo, so this is remember again, so this is Rebi Yochanan said this to Ben Azzai and Ben Azzai responded back to Rebi Yochanan. 8:54 Now Rebi Yochanan says: namti lo, I responded back to him: וכי נאמר בכל החיה? 8:59 Does it say bekhol hachaya? 9:01 והלא לא נאמר אלא הכל החיה. למהלכי כפיים בחיה הוא דאתא. But it doesn't say kol hachaya rather it says bekhol hachaya, in every chaya, which would seem to indicate that the pasuk is of is actually talking about the status of the fetus in utero. 9:18 Namti, so Ben Azzai said, you know what, good point, good point. 9:23 ומה ישמעאל אומר בדבר הזה? Tell me what does Rebi Yishmael your rebbe, what does he say about this entire discussion? 9:30 Namti lo, Ben Azzai said I responded back I literally nodded my head back: וכי ימות מן הבהמה, when the pasuk says if an animal will die, zu behema tmei-ah. 9:42 This is actually talking about a non-kosher animal. 9:44 A non-kosher animal gives off tumas nevela. 9:46 אשר היא לכם לאכלה, next part of the pasuk that you are permitted to consume, that refers zu behema tehorah. 9:52 That refers to a kosher animal. 9:53 Lamadnu, what do we learn from here? 9:55 Chaya... חיה בכלל בהמה ובהמה בכלל חיה. From here we learn rabosai that again a chaya chaya is included in the category of behema and behema is included in the category of chaya. 10:05 חיה טהורה בכלל בהמה טהורה. So ultimately again a kosher chaya, a kosher chaya is included ultimately again in the category of behema tehora. 10:16 חיה טמאה בכלל בהמה טמאה. And ultimately again a chaya tmeia is included in the category of behema tmeia. 10:24 Top of Ayin Aleph 71a. 10:26 בהמה טמאה בכלל חיה טמאה. And a behema tmeia is included ultimately again in chaya tmeia. 10:34 בהמה טהורה בכלל חיה טהורה. And a behema tehora is included in chaya tehora. 10:38 In other words, in other words, behemas and chayas essentially they're interchangeable. 10:43 Now again, not not in all halachos because there are definitely halachos where they are separate and distinct, but at least vis-a-vis this halacha of conveying tumas neveila, behema and chaya are absolutely interchangeable. 10:56 Uvelashon hazeh amar. So at this point rabosai that's actually quite beautiful. 11:01 At this point at this point Ben Azzai went ahead and remember rabosai, this is a conversation, this is right Ben Azzai, Ben Azzai nodded back to Rabbi Yonasan and he said, אמר לי חבל על בן עזאי. 11:14 Ben Azzai said about himself, woe to Ben Azzai שלא שימש את רבי ישמעאל because remember again Rabbi Yonasan had just had just given Ben Azzai this whole drasha from Rabbi Yishmael and Ben Azzai realized what he had lost out from learning from not learning 11:34 under Rabbi Yishmael. Rabosai, I'll just point out something very beautiful, if you notice the way this exchange happened over here, right, namti, every time they speak to each other, namti. 11:43 Now namti could mean nod, right, but the point is that that what namti represents is not just a verbal dialogue but there's almost like there's a non-verbal communication of respect in this. 11:55 And when you have a non-verbal communication of respect, that's where that's where resolution gets done. 12:01 So if you notice again there's a fascinating exchange over here and at the end of the day they reach a conclusion. 12:07 Why? Because there's mutual respect. 12:09 You could start out on two different sides of an issue, right, two people could start out at two different sides of an issue, but when they come together and the goal over here is not only to reach resolution but to 12:20 reach resolution with derech eretz, to reach resolution with respect, to reach resolution while upholding the dignity of one another, there's almost no problem you can't solve. 12:31 Almost no problem you can't solve. 12:32 Incredible. So the Gemara goes vaiter. Rabosai, I'm on עין אלף עמוד אלף 71a four lines down. 12:38 חיה בכלל בהמה מנלן? How do we know, how do we know that chaya is included in behema? 12:45 Again rabosai, I just want to point out for these purposes, remember we're talking about something very specific over here which is neveila. 12:51 How do I know that chaya is included in behema? 12:54 So the Gemara says דכתיב זאת הבהמה אשר תאכלו שור שה כשבים. 12:58 So rabosai, so the pasuk says this is the animal that these are the animals that you're permitted to eat, שור שה כשבים שה עזים and then it goes through a list of kosher animals, ayal tzvi veyachmur. 13:09 So listen to this. 13:10 The Gemara says ha keitzad? 13:11 Now again rabosai, what I want to point out over here is something very interesting. 13:14 So the pasuk says זאת הבהמה אשר תאכלו. 13:16 This is the behema you can eat and then it goes and it lists a whole bunch of animals including now shor an ox, seh a sheep and then in the middle of this what does it list? 13:26 A tzvi. Now a tzvi is a deer, right, a deer is not a behema, a deer is a chaya because remember again the definition of a chaya is really any non-domesticated animal that's not raised like in like a herd type 13:40 fashion. So it's interesting to note that the Torah's introducing a topic of behema but yet is going ahead and including tzvi in this conversation. 13:50 So the Gemara says ha keitzad? 13:51 So what what do you see from here? 13:54 chaya bechlal behema behema bechlal sorry chaya bechlal behema. So what I see from here is that chaya is included in behema. 14:01 That's that's what the Torah's coming to convey to me that chaya by definition is included in behema. 14:06 Incredible. And again rabosai, not for again I can't say it enough not for everything because clearly there are distinctions between chayas and behemas, but halacha lemaisa at least for certain things. 14:17 בהמה בכלל חיה מנלן? How do I know that the opposite is true as well, that ultimately again a behema is included in chaya, from where do I know that? 14:25 Minalan? דכתיב זאת החיה אשר תאכלו מכל הבהמה אשר על הארץ. So the pasuk says this is the chaya that you shall eat from every behema that is on the earth. 14:35 kol maferes parsa, anything that has split hooves. 14:41 הא כיצד בהמה בכלל חיה? So rabosai, so how exactly does it pan out that behema's included in chaya? 14:46 So the Gemara says rabosai, so once again what do you see in the pasuk? 14:52 זאת החיה אשר תאכלו מכל הבהמה. Interesting lashon, this is the chaya that you should eat from every beheimah. 15:02 So once again we're coming to say that beheimah is included in chaya. Ha keitzad? Beheimah b'clhal chaya. 15:08 So the Gemara says חיה טהורה בכלל בהמה טהורה לסימנים. 15:12 So once again, so what does this mean? 15:13 For example a chaya tehora, a chaya is included in beheimah for simanim. 15:18 I will say now what what what does this mean? 15:20 The same way that you have kosher simanim of a beheimah, right split hooves, chews its cud, those are the same simanim for a chaya tehora. 15:29 חיה טמאה בכלל בהמה טמאה להרבעה. So ultimately again what does it mean when we say that a chaya tmeia, right a non-kosher chaya is included in the category of a non-kosher beheimah, l'harba'a? Harba'a means crossbreeding. 15:41 That just the same way you can't go ahead and crossbreed a beheimah tmeia, right you also can't crossbreed a chaya tmeia. 15:50 בהמה טמאה בכלל חיה טמאה לחידושא דרבי. So ultimately the Gemara says the beheimah tmeia is included in the category of chaya tmeia to literally highlight the halacha of Rabbi. 15:58 What does Rabbi say? 15:59 Disanya, Rabbi omer, Rabbi says akra ani chaya. The pasuk itself is referring to chaya. Beheimah lamah ne'emar? 16:06 Why is beheimah included as well? 16:09 נאמר כאן בהמה טמאה ונאמר להלן בהמה טמאה. It says over here beheimah tmeia and it says lehalan by the next pasuk. Venefesh ki tiga, this is about the tumas neveila, or just tuma in general, ונפש כי תגע בכל טמא בטומאת אדם או בבהמה טמאה. 16:24 So it's about tumas neveila. 16:25 So watch this. The Gemara says ונאמר להלן בהמה טמאה. מה להלן טומאת קודש? 16:30 Just like again I will say lehalan is talking about again tuma that comes about consumption of kodesh while in a state of tuma. 16:40 So too again אף כאן טומאת קודש. 16:42 So too over here it's talking about tumas kodesh as well. 16:45 Just to give you context, if you take a look at Rashi for just a moment, Rashi's on top, the last wide line. 16:51 נאמר כאן בהמה טמאה. So it says over here beheimah tmeia So interestingly enough in both of these contexts we're talking about someone who is tamei who consumed kodesh. Lehalan kodesh Rashi says כלומר בטמא שאכל את הקודש אף קרבן עולה ויורד דכתיב נפש אשר תגע מה שדמיו. 17:15 So again the point the Gemara is making over here is both of these are talking about consumption of kodesh while in a state of ritual impurity. 17:23 בהמה טהורה בכלל חיה טהורה. So it's very interesting. 17:26 When we say that a beheimah tehora is included in chaya tehora, what does that come to what what what does that help me with? 17:33 So the Gemara says, the Gemara says, בהמה טהורה בכלל חיה ליצירה. 17:39 So interestingly enough, interestingly enough, that when Hakadosh Baruch Hu went ahead and created the chayas, right created animals, chaya, it davka says yetzira. 17:49 It says וייצר ה׳ אלקים מן האדמה כל חית השדה. That Hashem created from the earth כל חית השדה. 17:58 So the Torah uses the lashon of yetzira of creation by chaya. 18:02 Now what I want to point out is, there's another place where the Torah uses the lashon of yetzira and that's where? 18:08 By man. Right, it says וייצר ה׳ את האדם. 18:11 Hakadosh Baruch Hu created man. So it's interesting to note that Hashem, Hashem went ahead and uses the lashon of vayitzer of creation by chaya and by man. 18:20 Now watch this. So the Gemara says: What does this matter? 18:23 Beheimah, so the Gemara says: Now when we just to take one more step before we explain it, and by the way and then we say that also beheimah is b'clhal chaya. 18:31 That just like ultimately again it says the lashon of vayitzer by chaya, but obviously by creation it doesn't just mean that Hashem created the chayas, but rather what does chaya mean in this context? 18:42 All living things and therefore what does it include? 18:45 It includes beheimah. So therefore you see that beheimah is included in chaya in that both have a lashon of yetzira of creation just like man. 18:53 Okay, what does this matter? 18:55 So this is a fascinating application. 18:57 Disnan, המפלת מן בהמה חיה ועוף. So listen to this, let's say a woman miscarries, and when we examine when we examine what she miscarried, it has the appearance that that the fetus that she miscarried looks like a beheimah, or looks like a chaya, or 19:13 looks like an of. 19:15 Okay, so what's the halacha? 19:17 בין טמאים בין טהורים, whether it looks like a kosher species of beheimah, chaya, or of, or non-kosher species of beheimah, chaya, and of, what's the halacha? 19:27 אם זכר תשב לזכר אם נקבה תשב לנקבה. If it looks if it's male, if it looks male, then she observes the halachos of childbirth as if she had a male child. 19:39 If ultimately again it was female, she observes the halachos of childbirth as if she had a female child. 19:46 Im eina yoda'as and if she's not sure, if it's not clear what gender it is, then תשב לזכר ולנקבה. 19:53 Then she observes the halachos ultimately of childbirth for both. 19:56 both, for both a male and female. 19:58 Divrei Rabbi Meir. Now again, rabosai, what's Rabbi Meir's logic? 20:01 What, what is this? 20:02 Rabbi Meir's logic is since the Torah uses the same lashon of yetzira of creation by people and by behemos and chayas. 20:11 By chaya also includes behema. 20:13 That teaches me that halacha lema'aseh there has to be some overlap between the animal kingdom and man. 20:18 Rabbi Meir understands this in a case chas veshalom of a miscarriage where the fetus looks like something else. 20:24 Even if it looks like again, a behema, a chaya or of, ultimately the halachos of childbirth will apply. 20:31 Will apply, and therefore depending male, female, unsure, that will dictate her status. 20:36 Vachachamim, the Chachamim disagree, the Chachamim say no way. 20:38 כל שאין בו מצורת אדם אינו ולד. Nachon, nachon. If the fetus does not look human, then at the end of the day, there is no halachos of childbirth governing this particular fetus. 20:51 ולרבנן האי קרא למה לי? According to the Rabbanan ultimately again, why do we need this pasuk? 20:57 To which the Gemara says כולהו לכדרבי יהודה אתא. 21:00 All of this ultimately comes to teach me the halachos as Rabbi said before. 21:03 Incredible. Rabosai, a lot of machlokos, a lot of fascinating ideas over here. 21:08 Halacha lema'aseh going all the way back to the mishna, how do we pasken? 21:11 Because rabosai remember again, this came down to one simple case, which was the mother was pregnant, the mother miscarried, the fetus died in utero. 21:19 The shepherd or the whoever it is touches the fetus in utero. 21:23 Then the question becomes does halacha lema'aseh the shepherd become tamei or not? 21:28 That's our fundamental question. 21:30 Tanna Kamma said no, Rabbi Yose said yes. 21:33 The Rambam paskens like the Tanna Kamma. 21:35 And ultimately again, even if the shepherd touches the dead fetus in utero, he will not contract tumah. 21:43 What is that based on? 21:45 It seems to be based on a kal vachomer of Rav Chisda that halacha lema'aseh the same way that the shechita of the mother permits the fetus, so too the fact that the mother is alive prevents the fetus from conveying tumas neveila even though the 21:59 fetus itself is dead. 22:00 Okay, incredible. Rabosai, let's go weiter. 22:02 So a similar application, just now we're switching to man, to human beings, as opposed ultimately again to behemos. 22:10 Here we go. Mishna. 22:23 Rabosai, it's a very interesting case. 22:24 Let's say chas veshalom a woman miscarries. 22:26 Now again rabosai, in this case over here, the fetus dies in utero. 22:31 Rabosai, so this is actually a tragic yet fascinating case. 22:35 So let's say again, the woman is pregnant, the fetus dies in utero. 22:38 Well now what ends up happening is the midwife is trying to deliver the baby. 22:43 So what ends up happening inevitably, let's say the midwife extends her hand into the womb of the woman and touches the fetus. 22:51 So now remember the fetus at this point rachmana litzlan has died. 22:55 So now the mishna says in this case over here החיה טמאה טומאת שבע. 22:59 The midwife is chayav literally again seven-day impurity. 23:03 Now again rabosai, seven-day impurity refers to what? 23:05 Tumas meis. So now in this case over here rabosai, when the midwife goes ahead and touches the fetus, halacha lema'aseh, halacha lema'aseh she is tamei tumas shiva. 23:17 Ultimately again, she is temeia for seven days. 23:19 והאישה טהורה עד שיצא הולד because yet interestingly enough, the mother is not. 23:24 The mother only becomes tamei tumas meis when she delivers the fetus. 23:29 So this here essentially is when the fetus is in utero, the mother is tehorah, but yet the midwife who touches the fetus in utero is going to be temeia. 23:37 When the mother births the fetus which unfortunately again will be a stillborn, ultimately again then the mother is temeia. 23:46 So says the Gemara, let's analyze this. 23:47 Amar Rava, Rava says keshem shetumah. So rabosai, so I just want to point out the term that we're going to keep using over here is a term that is the term of tumah belua. Tumah belua literally means absorbed or swallowed tumah, or better stated encased tumah. 24:04 So that's right, so just the paradigmatic example of this is this case in the mishna, right, the mother was pregnant, the fetus died in utero. 24:11 Now clearly the fetus has tumas meis. Veharaya the proof to that is that when the midwife touches the fetus, ultimately again the fetus, the midwife becomes temeia. 24:21 So yet the mother does not. 24:24 The mother does not. 24:24 Now that must be because of the mother, the tumah is belua, it's absorbed. 24:29 It's absorbed, it's encased in her and therefore again does not transmit tumah. 24:33 So amar Rava, Rava says כשם שטומאה בלועה אינה מטמאה the same way that tumah belua, that absorbed tumah does not go ahead and in any way convey tumah, כך טהרה בלועה אינה טמאה. 24:46 So too again rabosai absorbed tahara also can't become tamei. 24:50 We'll see what that means in just a moment. 24:52 So rabosai, I just give you coming attractions. 24:55 The example of That would be this is actually the Gemara's example. 24:58 Let's say again, you know, I swallow a ring, I swallow a ring, right? 25:01 Though those have to be in just because this is what the Gemara uses. 25:04 And then I walk into a house where there's tumas mes. 25:07 Let's say there's a corpse in a house. 25:08 What happens when there's a corpse inside of a house? 25:10 What happens? Tumas ohel, everything becomes tamei underneath that roof. 25:15 Now I walk in, that that ring is in my let's say it's in my throat, right? 25:20 Or my stomach. So Rabosai, so now what happens? 25:23 What happens? And now the halacha is that ring does not become tamei. 25:28 So for example, if I were to walk out of the house and then throw up that ring, right? 25:32 Regurgitate that ring, that ring would be tahor. 25:35 I but saying but that ring was inside of me when I walked inside of the of the tumas mes house, that's what's called tahara bluah. 25:44 So that's why Rava says over here, the same way that absorbed tuma does not transmit tuma, so too absorbed tahara cannot contract tuma. 25:56 Essentially, anything that is encased or absorbed is impervious. 26:00 Is impervious. So if you absorbed a tamei item, the tamei item cannot go ahead and transmit tuma, and if you went ahead and absorbed a tahor item, the tahor item cannot contract tuma in its absorbed state. 26:13 The Gemara says where do we know this? 26:14 So Rava says, where do we know this from? 26:16 So tuma bluah minayin? How do I know about tuma bluah? Dichsiv because the pasuk says ואכל מנבלתה יכבס בגדיו. 26:23 So the pasuk says that anyone who eats of the neveilah has to launder his clothing or in other words he becomes tamei. 26:30 מי לא עסקינן דאכל סמוך לשקיעת החמה? V'kam rahmana taharah and again Rabosai, this is great. 26:34 This is great. So what's the halacha? 26:36 If I go ahead and I eat of a neveilah, I become tamei. 26:40 Now again it's generally a low form of tuma, which means tumas erev, which means what? 26:44 I have to go to the mikvah and by nightfall then I'm tahor. 26:47 And Rabosai, what's fascinating? 26:48 So let's let's just play this out, right? 26:50 Let's say again nightfall is at 9:00 at night, I go ahead and I eat a neveilah at 7:15, right? 26:58 Okay, I go to the mikvah, I wait until sunset and I'm good to go. 27:01 What's fascinating about this? 27:02 At the time that I become tahor, where's the neveilah? 27:05 Where's the neveilah? It's in my kishkas, right? 27:08 It's in my stomach, it's in my stomach. 27:09 So what do you so one second, shouldn't I have to like expel, expel the no Dr. 27:14 Rosenbaum what is it? 27:15 Evacuate? Evacuate, right? That's the I want to eva- right? 27:19 Right? Should right shouldn't I have to have it evacuate shouldn't I have to get rid of it, right, from my stomach first? 27:26 But what do you see from here? 27:27 You see from here that halacha lema'aseh, even though the tuma is sitting inside of me, it's sitting inside of me, but yet I am still tahor. 27:36 So what do you see from here? 27:37 That tuma bluah, that absorbed tuma, ultimately again absorbed tuma ultimately goes ahead and does not go ahead and convey tuma. 27:47 Fascinating. So the Gemara says, one second, ודילמא שאני התם דלא חזי לגר, maybe it's different, maybe because once the neveilah's in your stomach, it's no longer fit for consumption by a person, right? 27:59 And Rabosai, 'cause the halacha is by neveilah, remember you could get hana'ah, you can't eat neveilah, but you could get hana'ah from the neveilah. 28:04 So what could you do for example? 28:06 You can go and give it away to a ger. 28:07 So maybe it only has the status of neveilah when it's technically giftable to a ger. 28:13 But if it's not giftable, right, if it's not giftable, then halacha lema'aseh then halacha lema'aseh doesn't have the status of neveilah. 28:25 So this makes sense according to Rabbi Yochanan. Rabbi Yochanan says ultimately again, both for tuma, both for something that could convey tuma to people, as well as something that conveys tuma ultimately again to food items, it only has the ability to convey tuma 28:38 when it's technically edible by a human being. 28:43 However, the Gemara says, the Gemara says, however, good. 28:46 הניחא לרבי יוחנן דאמר אחזה ואחזה עד לכלב שפיר. אלא בר פדא דאמר טומאה חמורה לגר וטומאה קלה עד לכלב משום דלא חזי לגר הוא נהי דלא חזי בפניו שלא בפניו מחזי חזי ליה. So again Rabosai, so halacha lema'aseh the Gemara says, but according to Bar Pada, Bar Pada says that for tuma chamura purposes, in order to the ability to convey tuma chamura, a higher level of tuma, it has to be fit for consumption by a person. 29:12 But for lower level tuma like tuma to food items, it's could convey tuma as long as it's ra'uy l'achilas kelev, can be consumed by a dog, to which the Gemara says, in this case over here where I ate the neveilah, perhaps, and 29:26 Rabosai it's interesting. Perhaps halacha lema'aseh it could be it could be fit for the ger. 29:30 How? If the food, the neveilah, was only gently chewed. 29:33 Only gently chewed, right? 29:34 So maybe again as long as I as long as I what's the right word? 29:40 Right, disgorge, okay that sounds a little better, as long as I disgorge it, not in the presence of the ger, perhaps it would still be edible by him. 29:48 Ultimately the Gemara says point point Rabosai is over here that halacha lema'aseh the Gemara says at the end of the day, this is a rayah. 29:56 So a raya for tuma belua. 29:57 Right, so a raya for tuma belua is that I can eat a neveila, right, an hour before nightfall, realize okay I did something wrong, I'm tamei, go to the mikvah, nightfall comes and I am tahor, even though it is unequivocally clear 30:10 that that neveila is in my kishkas. 30:13 It is there. It is there. 30:15 So you see from here that when tuma is absorbed, it doesn't have the ability to go ahead and convey tuma. 30:23 Again, rabbosai, maybe you think it's- that's fine. 30:25 But what about again then when you excrete it? 30:28 Right, what does that mean? 30:29 So remember no, that's not a problem. 30:30 Why? Because at that point in time when you get to the point of excreting it, it no longer has identity of neveila. 30:36 Because remember again, in order for it to have identity for neveila it has to at least be ראוי לאכילת כלב. 30:43 A dog would have to eat it, right? 30:45 So by the time it's reaching that point ultimately where it's leaving my body, so mipashdus it's lost any neveila identity. 30:52 So again, but that's the- right, interesting, that's just the raya for- rabbosai, by the way, is a ridiculous musar haskel. 30:58 What's the musar haskel? See rabbosai, do you see what's happening over here? 31:01 In this case, I've got neveila in my body. 31:05 I've got neveila in my body. 31:08 Yet, I still have the ability to become tahor. 31:13 See rabbosai, we think that tahara, we think that tahara is a function ultimately again of perfection. 31:19 Right, that tahara I have to rid myself of any impurities, rid myself of any- so good luck. 31:22 Halevai, we should all rid ourselves of all impurities or all imperfections. 31:25 I don't think any human being has ever been able to actually do that. 31:29 The beautiful part is you could become tahor and you could become holy even with your imperfections. 31:35 You could become tahor, you could become holy even with all the things that are broken inside of you. 31:39 Veharaya, I could have neveila sitting in my kishkas and yet still be absolutely unequivocally tahor. 31:48 See rabbosai, we do not need to be perfect. 31:50 We do not need to be on a lofty spiritual level in order to accomplish things in life. 31:55 With all of our imperfections, with all the things that are broken, even with all of the neveilas that we carry around each and every day, each of us has the capacity, the ability and the privilege to still become tahor. 32:05 Incredible. So Gemara says, Tuma Belua Minayin? 32:07 How about Tuma Belua? So rabbosai, a case of tuma belua means that if I absorbed, I swallowed something that's tahor, and then I become tamei, the item inside of me remains tahor. 32:17 Where do I know that from? 32:19 Kal vachomer. So Gemara says, it's a kal vachomer. 32:21 What's the kal vachomer? ומכלי חרס המוקף צמיד פתיל. 32:26 Again rabbosai, now watch this. 32:27 When it comes to a kli cheres, a kli cheres is an earthenware utensil. 32:30 So this earthenware utensil that ultimately again has a lid. 32:34 So what's halacha? See rabbosai, remember again, if you have let's say a tamei item inside- let's say you have a kezayis of a meis inside of an earthenware utensil. 32:50 And that earthenware utensil ultimately again has a lid. 32:54 That doesn't prevent the tuma from spreading. 32:56 Right? The tuma itself is oleh lirakia. 32:59 Again rabbosai, the only thing that keeps tuma from spreading up is if tuma is underneath some type of roof and there is at least a tefach of space in between the meis and the roof. 33:09 That's what keeps tuma from spreading up. 33:11 Otherwise, tuma shoots up. 33:14 That's what it does, it just shoots up. 33:15 Rabbosai, that's why again, right, when you- yeah, fine. 33:17 It just shoots up. 33:18 So again, so even if you were to take a kezayis of a meis and to put it in an earthenware utensil and seal that earthenware utensil with a lid, that does not prevent the tuma from spreading. 33:27 Yet, interestingly enough, matzil, that same- that same earthenware utensil with a lid, מציל על טהרה שבתוכו מלטמא. 33:36 Again rabbosai, now remember, the opposite is not true. 33:39 If you have an earthenware utensil and that earthenware utensil has a lid, right, it has a cover. 33:44 And now let's say again you put something tahor in there. 33:47 And now you take that earthenware utensil and let's say again you go ahead and there's tuma all around it, that lid will prevent, that closed utensil will prevent the tahor item inside of it from becoming tamei. 34:03 Right? So you hear the two cases? 34:04 If you have a tamei item inside of a closed earthenware utensil, ultimately again that will not prevent the tuma from shooting up. 34:11 But if you have a tahor item inside of a closed earthenware utensil, the lid, the lid prevents the tahor item inside from becoming tamei. 34:21 So the Gemara says, מציל על טהרה שבתוכו מלטמא. 34:23 Am base, adam, adam. See rabbosai, so what do you see from here? 34:27 Adam. So again, if an earthenware utensil, so watch the logic, if an earthenware utensil, which again will not prevent tuma from spreading, but yet a closed earthenware utensil will preserve the tahara of an item enclosed inside of it, then אדם שמציל על טומאה שבתוכו מלטמא, 34:45 then certainly when it comes to a person, where when a person has tuma inside of him that does prevent the tuma from spreading, that's what we just saw before, right? 34:52 That halacha lemaaseh again, that's first of all that's our mishna, right? 34:55 that when a woman miscarried in utero even though unfortunately again the fetus is not alive inside of her she does not become tamei even though again that fetus is inside of her. 35:07 I ate neveila I went to the mikvah it's nightfall I am tahor even though the neveila is inside of me then ultimately אדם שמציל על טומאה שבתוכו מלהטמא אינו דין שמציל על טהרה שבתוכו מלהטמא then certainly again if there's something tahor inside of me the taharah inside of me remains shielded from 35:27 any external tumah. So I say the kal vachomer if when it comes to an earthenware utensil with a lid where if you have tumah inside of it the earthenware utensil with the lid does not prevent the tumah from spreading but yet 35:37 that same earthenware utensil with a lid will prevent something that is tahor inside of it from becoming tamei then all the more so all the more so what? 35:46 all the more so a person who where there is tumah inside of him prevents that tumah from spreading certainly will go ahead and protect taharah inside of him from becoming tamei from external influences. 36:00 Incredible. To which the gemara says well hold up. 36:03 The comparison may not be so good. 36:04 מה לכלי חרס שכן אינו מטמא מגבו. So well here's the difference that ultimately again remember a kli cheres rabbosai earthenware utensil is very unique why? 36:16 because a kli cheres could only become tamei from its interior right remember again for example if you were to take something tamei and slap it against the outside of the kli the kli would not become tamei only through the interior. 36:31 מה לכלי חרס שכן אינו מטמא מגבו it does not become tamei from its exterior. 36:36 תאמר באדם שמטמא מגבו but ultimately again a person does become tamei from his exterior so to speak. 36:43 So maybe the comparison is not good. 36:45 אטו אנן מגבו קאמרינן okay but that's not what we're talking about. 36:48 We're not talking about tumah from the outside. 36:50 We're talking about tumah from the inside mitucho kaamrinan. Aderaba I could say just the opposite kli cheres chamir shekein metamei mei'aviro ultimately again I could say the kli cheres is more chamir why? 37:00 because kli cheres can become tamei from its airspace even without what? 37:03 even without contact even without any contact. 37:07 To which the gemara says so rabbosai therefore halacha lema'aseh halacha lema'aseh the gemara says over here that halacha lema'aseh so now we see that we've now found proofs for tumah beluah and ultimately again for taharah beluah. Ashkechan so rabbosai so again so just understand what's just happened 37:24 over here and this is really quite quite riveting. 37:26 So now what the gemara has just proven is the concept that tumah beluah absorbed tumah does not convey any external tumah right the raya the proof to that was neveila and now we've just proved that taharah beluah that if something tahor is 37:41 absorbed it is impervious to any external tumah. 37:44 And where is that from? 37:45 That's from the kal vachomer from the case of the tahor item in the sealed earthenware vessel. 37:51 To which the gemara says okay אשכחן בלועם דלמעלה בלועם דלמטה מנלן. 37:57 So rabbosai this is interesting. 37:58 So now I understand that something absorbed or swallowed from up top meaning from your mouth ultimately again is shielded is shielded from tumah. 38:08 Right rabbosai what happens if something was inserted from below? 38:12 Right let's say something was inserted right something was inserted into the rectum of a person. 38:16 Does that go ahead and shield the item from tumah? 38:19 And again rabbosai all trying to figure like I said don't dwell too much on imagining the case right but the idea over here is just trying to figure out the parameters of this because what they're trying to figure out over 38:30 here is you're telling me that when something is encased in a person ultimately again it is shielded from any external influences. 38:38 So the shayla just and rabbosai by the way the other mussar haskel in all of this is now you also understand why the n'shama why the n'shama itself אלהי נשמה שנתת בי טהורה היא why the n'shama itself remains untarnished despite all of the things that we 38:56 do. So if at the end of the day when I swallow something tahor if that goes ahead and remains where impervious to tumah because it's encased in my body then all the more so a n'shama which is a nitzotz eloki which 39:09 is literally a spark of Hakadosh Baruch Hu and even though it's inside of me because it's inside it's encased it's protected. 39:15 The n'shama is protected and that's rabbosai this is where teshuva comes from. 39:18 This is where the ability to rehabilitate ourselves comes from. 39:21 Because at the end of the day no matter what I do with my body no matter what I do externally that which I possess internally is always protected always encased in kedusha. 39:32 Incredible. אשכחן בלועם דלמעלה בלועם דלמטה מנלן. How do I know that something was absorbed from below ultimately again that it's impervious to tumah? Kal vachomer make a kal vachomer ומה למעלה שאינו עושה עיכול מציל. 39:45 So you know rabbosai if when it's absorbed on top like from the mouth that's not where real digestion occurs right and yet again halacha lema'aseh the item is impervious. 39:56 Lemata, lemata, למטה שעושה עיכול אינו דין שמציל, so say rabosai in the lower part of the body where primary digestion occurs, certainly again if the item is absorbed there, it should ultimately again be impervious to either conveying or receiving tuma. 40:11 To which the Gemara says come on, כלום עושה עיכול למטה אלא על ידי למעלה. 40:15 That's not true, that's not how digestion works, right? 40:18 Digestion doesn't work by inserting something rectally, right? 40:22 In other words, digestion works by ingesting it and letting it go through that entire process. 40:28 Then yes it may culminate in the bottom of the body but by insert you can't fast-track digestion by inserting things rectally. 40:35 To which the Gemara says אפילו הכי עיכול דלמטה עדיף. 40:38 You're right, you're right, but when looking at the regions of the body we observe that the primary digestion occurs in the lower regions of the body. 40:48 So the idea over here that the Gemara says therefore halacha lema'ase when you insert something in the bottom part of the body halacha lema'ase that could also make it impervious to tuma. 41:00 Incredible, אשכחן בלוע דאדם בלוע דבהמה מנלן? Again rabosai so now what we've established is that when you absorb something it is either, right, either cannot convey tuma or cannot contract tuma. 41:12 Now I know this by a person, how do I know that this applies by behema, by an animal as well? 41:17 To which the Gemara says kal vachomer, it's kal vachomer. 41:18 What's the kal vachomer? ומה אדם שמיטמא מחיים מציל בבלוע. 41:23 So ultimately again if a person, if the person ומה אדם שמיטמא מחיים מציל בבלוע. 41:28 So if ultimately again an adam who has the ability to go ahead and mitamei micheyayim, which means a person can become tamei during his lifetime, right? 41:38 מיטמא מחיים מציל בבלוע, ultimately again has the ability to go ahead and halacha lema'ase literally prevent something from becoming tamei or conveying tuma bivlua. 41:48 בהמה שאין מיטמאה מחיים, behema cannot become tamei when it's alive, right rabosai? 41:52 A person can become tamei when I'm alive, a behema cannot, right? 41:55 The only time a behema becomes tamei is when, when it dies. 41:58 Neveila, treifa, that's it. So certainly again if an adam who becomes tamei when he's alive yet again cannot convey or contract tuma by anything belua, so too a behema which does not convey tuma during its lifetime, אינו דין שתציל בבלוע, certainly again should be 42:14 able to go ahead and prevent the contraction or spread of tuma by belua. 42:18 To which the Gemara says well not necessarily, מה לאדם שכן צריך שהייה בבית המנוגע תאמר בבהמה שאינה צריכה שהייה בבית המנוגע. 42:26 So rabosai this is very interesting. 42:28 The Gemara says well maybe you can't compare people and animals. 42:30 Why not? Now the Gemara chooses a very interesting example over here to highlight the distinction between people and animals. 42:35 What's the distinction? What the Gemara calls shehiya beveisa hamenuga. 42:38 Now shehiya beveisa hamenuga means a literally again a tarrying or delaying in a house with tzara'as. 42:45 So rabosai if, if the house has been stricken with tzara'as and then and confirmed tzara'as, if you go in there afterwards you become tamei. 42:54 You become tamei. Now rabosai here's the interesting distinction. 42:57 In order, in order in certain circumstances by a person, in order for a person to become tamei he has to tarry there, delay there for a little while, but yet by behema there's no such concept. 43:08 By behema behema becomes tamei immediately. 43:10 The Gemara says what are you talking about? 43:11 The Gemara says let's analyze this. 43:15 בהמה אינה צריכה שהייה בבית המנוגע למאי הלכתא. When we say ultimately again that a behema does not require shehiya in a home with tzara'as in order to become tamei, what is that referring to? 43:25 Lekeilim she'al gabav. This refers to the utensils that are on the animal. 43:30 So for example if an animal walks into a home and let's say again it has utensils or it has clothing on top of it, as soon as the animal walks in the animal is instantaneously tamei. 43:40 So the Gemara says אדם נמי לא בעי. 43:43 But a person also doesn't need tarrying. 43:45 Now rabosai what is this talking about here? 43:46 Here we go. Disnan. 43:47 And this is really quite interesting. 43:50 Hanichnas leveisa hamenuga. If one walks into a house that it has confirmed tzara'as, vekeilav al kseifav, and his clothing is on his shoulder, in other words rabosai let's say again let's say he's not wearing his clothing or he's not wearing all of his clothing and 44:03 he has certain articles of clothing resting on his shoulders, right? 44:07 Or again, or utensils for that matter. 44:10 Vesandalav vetaba'osav biyadav. And he's holding his shoes or he's holding his rings, i.e. 44:16 he's not wearing these in the normal fashion, what's halacha? 44:20 הוא והן טמאין מיד. Both the person as well as all of the utensils are tamei immediately. 44:29 Immediately. Now again rabosai interestingly enough if you look at Rashi, Rashi says over here, Rashi is in the right before the lines get wider about three lines up, וטבעותיו בידו וכומסו שלא כדרך מלבוש. 44:39 So in this case rabosai the person who walks in is not wearing his clothing in a normative way, right? 44:45 Instead he's holding his clothing, he's holding his shoes, he's holding his rings, what's halacha? Tmein miyad, everything becomes tamei immediately. 44:52 דקרינא ביה בכלים והבא אל הבית. Because rabosai... again ultimately the pasuk says anything brought into the home immediately becomes tame. 45:00 On the other hand היה לבוש כליו וסנדלו ברגליו but let's say Reuven walks into the house and again he was wearing his clothing he was wearing his shoes on his feet he was wearing his rings on his fingers rabotai what's the halacha? Hu tame miyad he is 45:19 tame immediately והן טהורין עד שישהא כדי אכילת פרס and ultimately again they are tahor until he goes ahead and literally tarries in there the amount of time it takes to eat achilat pras. 45:33 We'll find that out in just a moment. 45:35 Rabotai what is the point of all this? 45:37 The point of all this is that the Gemara is trying to say that halacha le-maaseh where do we learn out the fact that tumah beluah applies to a behemah? 45:45 That's what they're trying to ask. 45:46 The Gemara says we could bring a kal vachomer from an adam. 45:49 If an adam who has the ability to convey to contract tumah even when he's alive yet the halachos of tumah beluah apply to him then certainly an animal which cannot contract tumah while it's alive should also have the halachos of tumah beluah. 46:03 The Gemara says just hold up you can't necessarily learn out a behemah from adam because at the end of the day behemah has a unique chumra. 46:12 What's the chumra? That if a behemah goes into a house with tzara'at anything on that animal instantaneously becomes tame as opposed to an adam depending on if the person's holding his clothing or the person is wearing his clothing sometimes everything 46:27 becomes tame immediately sometimes it takes a little bit of time. 46:31 To which the Gemara says for example if a person is going ahead and wearing his clothing wearing his shoes wearing his rings he only becomes tame if he tarries in the home what we call kedei achilat pras. 46:42 Now rabotai kedei achilat pras literally means the amount of time it takes to eat half a loaf. 46:46 And by the way the Gemara says what type of loaf? 46:48 פת חטים ולא פת שעורים wheat bread not barley bread mesev ve-ochlo biliftan and assuming that you're reclining and eating again with like a relish or a condiment. 46:58 Okay incredible. So rabotai so again halacha le-maaseh the point the Gemara's making over here is that it's not necessarily immediately clear that you can go ahead and that you can go ahead and learn out adam or excuse me behemah from adam. 47:11 So again rabotai just a pause just a second what we've learned out over here is by adam we've learned out tumah beluah and taharah beluah. 47:18 We've learned out both of these halachos. 47:19 Ultimately again that if a person absorbs tumah that tumah cannot convey tumah and if a person absorbs taharah ultimately the absorbed taharah is shielded from becoming tame. 47:30 The Gemara then wanted to say how do I know that by behemah? 47:34 So Gemara tried to make ultimately again like the kal vachomer the kal vachomer may or may not work. 47:38 We'll stop over here for today. 47:39 Tomorrow im yirtzeh Hashem we'll pick up with Rava and Rava is going to bring more concrete examples for both of these rabotai shkoach. 47:51 All right chevreh zoom Shabbos everyone Shabbos gut Shabbos.
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