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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 82

BAVA KAMA 82 (30 Tishrei) - dedicated by Reb Mordechai Rabin (London/Yerushalayim) l'Iluy Nishmas his father, ha'Gaon Rav Gedalya Rabinowitz of Manchester, England (and in his later years, Bnei Brak, Israel). Hearing a Shiur of his was an unforgettable experience, as his many Talmidim, both Bnei Yeshiva and Ba'alei Batim, can attest.



(a) Ezra too, instituted ten Takanos. He established the Leining at Shabbos Minchah - as well as on Mondays and Thursdays.

(b) He also established that Beis-Din should convene on Mondays and Thursdays ...


1. ... that the family washing should be done on Thursday in honor of Shabbos ...
2. ... that men should eat garlic on Friday ...
3. ... and that women should bake bread early in the morning, in case a poor man comes to the door and asks for food.
(d) And he instituted that women should ...
1. ... wear underwear (for reasons of Tzeni'us) ... 2. ... and that they should comb their hair prior to Tevilah.
(a) The ninth Takanah was that peddlers1 should go round the towns - selling women's spices and ornaments.

(b) And the tenth Takanah was - that a Ba'al Keri (who had an emission) must Tovel before learning Torah (or Davening).

(a) The Dorshei Reshumos interpreted the Pasuk "Va'yelchu Sheloshes be'Lo Mayim" to mean that Yisrael went for three days in the desert without Torah (which is why they were disgruntled).

(b) The Nevi'im of that time therefore instituted - Leining on Shabbos morning, on Mondays and on Thursdays (so that three days would never pass without Torah).

(c) The Nevi'im in Moshe's time established that either one or three people should Lein three Pesukim, Ezra added - that three people should Lein ten Pesukim.

(d) The three Pesukim that Moshe's generation established corresponded to the Kohanim, Levi'im and Yisre'elim, the ten Pesukim that Ezra established - to the ten Batlanim (the ten men from the community who gave up their worldly occupations, dedicating their lives to communal service, and to arrive early in Shul to start the Minyan).

(a) Ezra fixed specifically Monday and Thursdays as the days that Beis-Din should convene - because many people from the surrounding villages were in town anyway to hear the Leining, sparing them from having to come into town specially to be judged.

(b) He established eating garlic on Fridays, based on the Pasuk in Tehilim "Asher Piryo Yiten be'Ito", which Rav Yehudah or ... or Rebbi Yochanan interprets to mean - that Friday night is the right time to fix the Mitzvah of Onah (with one's wife), and garlic is good for this Mitzvah, because it increases the Zera.

(c) Garlic has five physical advantages: It satisfies, heats the body, and causes one's face to shine. Besides increasing the Zera, as we just explained - it also kills lice in the stomach.

(d) Others add a sixth (spiritual) property - it brings in love (in the wake of the happiness that it causes) and drives out hatred.

(a) We learn from the Pasuk ...
1. ... "ve'Rachatz es *Besaro ba'Mayim*" - that nothing may interrupt between the skin and the water (known as a Chatzitzah) when one Tovels.
2. ... "ve'Rachatz *es* Besaro ba'Mayim" - that the same applies to the hair (which may neither be knotted nor contain any dirt).
(b) A Chatzitzah in the hair is d'Oraysa, which simply means that one needs to examine it before Tevilah. What Ezra added - was that a woman is obligated to comb her hair together with the examination.



(a) Ezra was concerned about Shalom Bayis. That is why he instituted the Takanah of Ruchlin (peddlers), to prevent women from looking unattractive in the eyes of their husbands, a major cause in the breaking up of marriages.

(b) The Torah writes in Shemini "ve'Ish Ki Seitzei Mimenu Shichvas Zara, ve'Rachatz es Besaro ba'Mayim". Nevertheless, Ezra needed to institute Tevilah for Ba'alei Keri - because the Torah only requires Tevilah for eating Terumah and Kodshim, but not for Divrei Torah, which is what Ezra added.

(a) The Tana says ten things about Yerushalayim. 'Ein ha'Bayis Chalut Bah' - meaning that the Din of Batei Arei Chomah (the purchase of a house within a walled city, which, unlike that of a house in an open city, becomes permanent already after one year).

(b) It neither brings an Eglah Arufah, nor can it be declared an Ir ha'Nidachas - nor are houses there subject to Tum'ah.

(c) Neither beams nor balconies are pemitted to protrude into the streets of Yerushalayim.

(d) Neither trash-heaps nor lime-kilns are permitted, nor are gardens or orchards. The exception to the latter prohibition is - the spice-gardens from the days of the early prophets (in where they grew the Kipas ha'Yarden for the Ketores).

(a) We have already learned that chickens may not be kept in Yerushalayim. The tenth thing bout Yerushalayim concerns corpses - which the Tana forbids leaving unburied overnight.

(b) The above Halachos concerning a house of Batei Arei Chomah, Eglah Arufah, Ir ha'Nidachas, and Tumas Nega'im, which the Tana extrapolates from the four Pesukim "ve'Kam ha'Bayis Asher ba'Ir Asher Lo Chomah li'Tzmisus *la'Koneh Oso le'Dorosav*", "Ki Yimatzei Chalal ba'Adamah Asher Hashem ... Nosen Lecha *Nachalah le'Rishtah*", "Arecha" (Re'ei) and ve'Nasati Nega Tzara'as be'Veis *Eretz Achuzaschem*", respectively, are all based on the presumption - that Yerushalayim was not divided among the tribes.

(c) Besides the concern for Ohel ha'Meis, beams and balconies may not protrude into the street - because of the damage they are likely to cause.

(d) The reason for the prohibition of ...

1. ... trash-heaps is - because Sheratzim breed there, and when they die, they spread Tum'ah.
2. ... lime-kilns is - because of the smoke that causes the walls to turn black (and it is not becoming for Hashem's city to be uglified in this manner).
3. ... gardens and orchards is - because of the putrid smell (that is caused either by the weeds etc. that one tends to throw to the sides of the field, or by the fertilizer which every field requires).
4. ... leaving a corpse overnight is given as - tradition.
(a) Chazal forbade keeping Chazeirim due to an episode that took place during the civil war between Hurkanus and Aristobulus. Those besieged in Yerushalayim (Aristobulus), managed to bring the Korban Tamid each day - by letting down a basket of money to the attackers, for which they would receive in exchange, the two required lambs.

(b) That old man who had studied Greek philosophy advised Hurkanus - to place a Chazir in the basket instead of the lambs, because, he claimed, as long as the besieged had the merit of sacrifices on their side, they could never be vanquished.

(c) When the Chazir, on its way up, dug its hoofs into the wall of Yerushalayim and the entire country shook, that is when Chazal issued a curse on anyone who rears Chazeirim or who studies Greek philosophy.

(d) The significance of the fact that, that year, the Omer came from Gagos Tzerifim and the Sh'tei ha'Lechem from the valley of Ein Sochar is - the barley was not fresh that year. Normally, they brought them from close to Yerushalayim, in order to bring them to Hashem fresh.

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