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Horayos 3

1) [line 1] "ZOS TORAS HA'OLAH, HI [HA'OLAH...]" - "[Command Aharon and his sons, saying,] 'This is the Torah of the burnt offering; it is [the burnt offering, burning on its bonfire upon the Mizbe'ach all night until the morning, and the fire of the Mizbe'ach shall be burning in it.]'" (Vayikra 6:2) - Rebbi Yehudah rules that the words "Zos," "Hi" and "ha'Olah" constitute three "Mi'utim" (exclusions) that limit the scope of the verse. The Korban Olah is disqualified in three specific situations, to the extent that the limbs must be taken off the Mizbe'ach in the event that they were taken up there. The Gemara (Zevachim 27b, Nidah 40a) states that these three Mi'utim exclude the following cases: 1. When the animal was slaughtered at night; 2. When the blood of the animal spilled from the neck of the animal to the ground rather than being cast on the Mizbe'ach; 3. When the blood of the animal was taken outside of the Azarah.

2) [line 1] HAREI ELU SHELOSHAH MI'UTIN - these [three words] constitute three exclusions (see previous entry)

3) [line 10] V'CHACHAMIM MECHAIVIN - and the Chachamim obligate [the Sanhedrin to bring a Par He'elem Davar Shel Tzibur]

4) [line 20] BEIS DIN MASHLIM L'ROV TZIBUR - the members of the Sanhedrin [transgressed the prohibition along with the minority of the people in Eretz Yisrael. Adding the number of judges who sinned to the number of citizens] completed a count of the majority of the people

5) [line 36] MERUBIN V'NIS'MA'ATU - a majority of the people (lit. many) [who sinned, obligating the Sanhedrin to bring the Par He'elem Davar,] and [before the Korban was offered, the number of sinners] diminished [when some of the people died, bringing the total down to a minority]

6) [line 37] PELUGSA D'REBBI SHIMON V'RABANAN - this case would fit in to the argument of Rebbi Shimon and Rabanan (who argue (on Daf 10a) with regard to a person who is obligated to bring a Korban whose status subsequently changes before he manages to offer his Korban, to the extent that had he been obligated at this point, his Korban would be different from the original Korban. In our Gemara, the Sanhedrin is originally obligated to bring the Par He'elem Davar because the majority of the people sinned. When the number of sinners diminished, Rebbi Shimon and the Rabanan would argue as to whether they are still obligated to bring the Par. According to the Rabanan, they are still obligated. According to Rebbi Shimon, it depends upon when they discovered that their ruling was mistaken. If they found out before the numbers of the people diminished, they are still obligated. If they only found out after the numbers diminished, they are exempt from offering the Par.)

7) [line 37] MU'ATIN V'NIS'RABU - a minority of the people (lit. few) [who sinned, at which point the Sanhedrin was not obligated to bring the Par He'elem Davar,] and [the relative number of sinners] increased [when some of the majority of people who had not sinned died, causing the number of sinners to be the majority]

8) [line 37] REBBI SHIMON, D'AZIL BASAR YEDI'AH - Rebbi Shimon, who rules that we follow (lit. go after) [the point in time of] knowledge [of the sin] (see above, entry #6)

9) [line 38] RABANAN D'AZLEI BASAR CHATAS - Rabanan, who rule that we follow (lit. go after) [the point in time of] the sin

10) [line 38] V'TISBERA? - Is that reasonable?
11) [line 38] D'AZIL AF BASAR YEDI'AH - that is, Rebbi Shimon's ruling takes into account the point in time of the sin *and* the knowledge

12) [line 39] YEDI'AH (D'LO) [B'LO] CHATA'AH - knowledge at a time when there is no obligation to bring a Korban

13a) [line 42] B'CHELEV SHE'AL GABEI (HA'KEIVAH) [HA'KEREV] - forbidden fat from the layer of fat covering the Kerev (which refers to the Keres, the first, largest stomach of ruminants) (Vayikra 3:3; See Background to Horayos 2:8a)

b) [line 42] B'CHELEV SHE'AL GABEI DAKIN - forbidden fat attached to the intestines (Vayikra 3:3 identifies two types of forbidden fats, Chelev *ha'Mechaseh Es* ha'Kerev and Kol ha'Chelev *Asher Al* ha'Kerev. The first phrase refers to the Chelev from the layer of fat covering the Kerev (see previous entry). The Tana'im argue (Chulin 49a-b) as to whether the second phrase includes forbidden fat attached to the Keivah (the last stomach before the intestines) or forbidden fat attached to the Dakin (the intestines))

14) [line 44] (V')KEIVAN D'EIN ISURAN SHAVEH - since their prohibitions are not similar (all blood of warm-blooded animals is prohibited while the only the Chelev of Kosher Behemos (domesticated farm animals) is prohibited; the Chelev of Kosher Chayos (non-domesticated animals) is permitted)

(a) Avodah Zarah is the term for a Pesel (an idol or graven image) or anything such as the sun or the moon, or even a person, which people mistakenly believe is an independent power with G-d-like attributes, which they worship and to which they pray. It is prohibited to do even the most minute action that demonstrates the ascendancy of Avodah Zarah. Avodah Zarah is one of the three cardinal sins about which we are commanded, "Yehareg v'Al Ya'avor" - "One should be killed rather than transgress." (The other two are Giluy Arayos - forbidden relations and Sheficus Damim - murder. But see RAMBAM Hilchos Yesodei ha'Torah 5:1-4.)
(b) The prohibition to serve Avodah Zarah is one of the Ten Commandments, "Lo Yiheyeh Lecha Elokim Acherim Al Panai. Lo Sa'aseh Lecha Fesel v'Chol Temunah... Lo Sishtachaveh Lahem v'Lo Sa'ovdem..." - "You shall not possess any foreign gods, ever (lit. in my presence). You shall neither make for yourself a graven image nor any likeness of that which is in the heavens above or on the earth below or in the water beneath the earth. You shall not prostrate yourself to them nor worship them for I am HaSh-m, your G-d..." (Shemos 20:3-5).
(c) A person who serves Avodah Zarah b'Mezid (intentionally) is liable to the Kares punishment. If he received the proper warning and witnesses saw his action, he is liable to Sekilah (stoning). A person who worships Avodah Zarah b'Shogeg (unintentionally) is liable to offer a Korban Chatas (RAMBAM Hilchos Avodas Kochavim 3:1). A person who makes an idol or other Avodah Zarah, even for a Nochri, is liable to Malkus (lashes) (Rambam ibid. 3:9).
(d) Many rites were invented for specific forms of Avodah Zarah. If a person serves an Avodah Zarah with a rite specific to it, he is Chayav as above, (c). If one serves an Avodah Zarah with a rite that was intended for another Avodah Zarah, he is exempt from punishment. However, the verses show that a person who performs the services of Zibu'ach (sacrificing an animal), Kitur (burning incense), Nisuch (pouring a libation) and Hishtachava'ah (bowing down) is Chayav, whether it is specific to the Avodah Zarah or not (Sanhedrin 60b, see Rambam ibid. 3:3). The prohibition against Avodah Zarah is included in the seven Mitzvos Benei Noach, the seven commandments in which all of humanity is obligated (see Background to Avodah Zarah 64:20).


16) [line 4] AD SHE'TIFSHOT HORA'AH B'CHOL ADAS YISRAEL - until the ruling spreads to all of the congregation of Yisrael

17) [line 7] RUBO K'CHULO
Most of the time, when an action is required to be performed or a time period to pass, Chazal rule that "Rubo k'Chulo" - "the majority is like the entirety (Nazir 42a, Chulin 70a, Nidah 29a).

18) [line 15] SHE'HIRKIN HA'HU ECHAD MEHEM B'ROSHO - that one nodded his head

19) [line 19] V'GAMAR LAH HORA'AH - and the judgment was finished
20) [line 25] "B'ME'ERAH ATEM NE'ARIM V'OSI ATEM KOV'IM, HA'GOI KULO" - "You are cursed with a curse; yet you still rob from Me, this whole nation." (Malachi 3:9)

21) [line 28] IY IKA KULAM HAVYA HORA'AH - if all of the Sanhedrin sit in judgment, [even if they do not all cast a ruling,] it is considered a judgment (a contradiction to Rebbi Yonasan's statement)

22) [line 30] KOLAR TALUY V'TZAVAR KULAN - (lit. the collar, a Roman prisoner's band or chain, hangs on the necks of all of them) the burden of guilt for judging incorrectly rests upon all of them

23) [line 33] TANA'EI D'VEI RAV - those who learn in the Beis Midrash; Talmidei Chachamim who are able to sit in judgment

24) [line 33] KI HEICHI D'NIMTEYAN SHIVA MI'KESHURA - so that what is destined for me (my share of the punishment should we judge incorrectly) be [as insignificant] as sawdust compared to a beam

25) [line 34] TERIFTA - an animal about which a question has arisen as to whether it is a Tereifah (see Background to Avodah Zarah 51:16)

26) [line 34] TAVCHEI - butchers

27) [line 34] MASA MECHASYA - the city of Mechasya (probably a suburb of Sura in Bavel), the town of Rav Ashi

28) [line 34] U'MOSIV KAMEI - and he sat them before him
29) [line 35] HEVI'U KAPARASAN - they brought their sacrifices (lit. their atonement), i.e. the Par He'elem Davar Shel Tzibur and/or the Se'irei Avodah Zarah

30) [line 36] SAFEK - his situation is defined as a Halachic doubt as to whether he relied on Beis Din or on himself, in which case he is required to offer an Asham Taluy (ASHAM TALUY)
If a person is in doubt whether or not he committed a transgression for which he must bring a Korban Chatas, he temporarily brings a Korban Asham Taluy, which is a ram worth two Sela'im (Vayikra 5:17-19). If he later discovers that he did indeed sin, he must offer a Korban Chatas; the Asham Taluy only provides temporary atonement during the period of doubt.

31) [line 37] AMAR REBBI AKIVA, MODEH ANI BA'ZEH, SHE'HU KAROV LI'FETUR MIN HA'CHOVAH - Rebbi Akiva said, "I agree with this ruling, since he is closer to acquital than to guilt" (i.e. since he went overseas, he did not know about the retraction of Beis Din; as such, his actions were a result of their ruling)

32) [line 39] LA'AKOR ES KOL HA'GUF - to uproot the entire body [of a certain Halachah, and not just one of the particulars of that Halachah.] (For example, if Beis Din rules that Avodah Zarah is permitted, that constitutes Kol ha'Guf, and there is no liability on Beis Din to offer the Par He'elem Davar Shel Tzibur. If however, they rule that burning incense to Avodah Zarah is permitted, they are liable to a Par He'elem Davar Shel Tzibur, since this is only one particular prohibition of Avodah Zarah.)

33) [line 39] NIDAH
By Torah Law, a woman who has her period is a Nidah for seven days. It makes no difference whether she saw blood only one time or for the entire seven days. At the end of seven days, after nightfall, she immerses in a Mikvah to become Tehorah.
(The current practice is to consider all women who have a show of blood to be a Zavah and therefore they must have seven clean days before they go to the Mikvah. (For a discussion of the laws of the Tum'ah of a Nidah, see Background to Avodah Zarah 47:29.)

(a) The eleven days that follow the seven days of Nidah (see previous entry) are "days of Zivah." If a woman experiences bleeding during these days for one or two consecutive days, whether the bleeding is b'Ones (due to an external cause, see Background to Bava Kama 24:5:b) or not, she becomes a Zavah Ketanah and is Teme'ah.
(b) If she does not experience bleeding the following night and day, she may immerse in a Mikvah during the day to become Tehorah. She may even immerse on the morning immediately following the day on which she saw blood, but her Tum'ah and Taharah are contingent upon whether or not she sees blood afterwards on that day. She is called a *Shomeres Yom k'Neged Yom*, because she must *watch* the following day to confirm whether or not she sees blood.
(c) If a woman has a show of blood for three consecutive days during her 11 days of Zivah, she becomes a Zavah Gedolah. In order for her to become Tehorah, she must count seven "clean days" during which she verifies that she has no other show of blood. On the morning of the seventh clean day she immerses in a Mikvah. If she does not experience bleeding during the rest of the day she is Tehorah and no longer a Zavah. A Zavah Gedolah must bring a Korban Zavah to permit her to enter the Beis ha'Mikdash or to eat Kodshim. The Korban is two Torim or two Benei Yonah, one offered as an Olah and one as a Chatas (Vayikra 15:25-30).

(a) HOTZA'AH - Hotza'ah is the general term for the last of the thirty-nine Avos Melachos of Shabbos. It involves either: 1. Hotza'ah, transferring objects from a Reshus ha'Yachid (private domain) to a Reshus ha'Rabim (public domain); 2. Hachnasah, transferring objects from a Reshus ha'Rabim to a Reshus ha'Yachid; 3. *Ma'avir Arba Amos b'Reshus ha'Rabim*, carrying an object from one place in Reshus ha'Rabim to another over a distance of at least four Amos; 4. Moshit, *passing* an object from one Reshus ha'Yachid to another through Reshus ha'Rabim (as described in the Mishnah in Shabbos 96a, see Background to Shabbos 96:3). These are all biblical prohibitions. (The Tana of our Mishnah uses the term "Yetzi'os" for both Hotza'os and Hachnasos.)
(b) AKIRAH & HANACHAH - In order to transgress the biblical prohibition of Hotza'ah, certain conditions must be met. The sinner must perform both an Akirah (initiation of movement) and a Hanachah (setting down the object to rest). If one person does the Akirah and another does the Hanachah, only a Rabbinic prohibition is involved, as the Gemara states in Shabbos 3a.

36) [line 42] "V'NE'ELAM DAVAR" - "[And if the whole congregation of Yisrael sins through ignorance,] and a matter became obscured [from the eyes of the assembly, and they have transgressed any of the negative commandments of HaSh-m, and are guilty.]" (Vayikra 4:13) - This verse shows that only "a matter" becomes obscured, and not the entire body of a certain Halachah.

See Background to Horayos 2:1.

(a) The Sanhedrin (the Jewish Supreme Court) must bring a Korban if they issued a mistaken ruling permitting an act of idolatry that carries a Chiyuv Kares and the Jewish people in Eretz Yisrael (the majority of the people or the majority of the tribes) conducted themselves based on this ruling. The sages bring a young bull as an Olah and a male goat as a Chatas on behalf of each of the tribes. The people are exempt, since they relied on the Beis Din ha'Gadol. The goats are called Se'irei Avodas Kochavim (RAMBAM Hilchos Shegagos 12:1).
(b) The blood of the goats was sprinkled in the Heichal on the Paroches and the Mizbach ha'Zahav. The Sheyarei ha'Dam (the remainder of the blood) was poured on the Western Yesod (foundation) of the Mizbe'ach. The remains of the goats were burned outside of the city of Yerushalayim (Bamidbar 15:22-26).

39) [line 45] BI'TECHILAH GOVIN ALEIHEN - a separate collection is made to provide the funds for these Korbanos (and they are not brought using the funds from the Terumas ha'Lishkah - see next entry)

40) [line 45] TERUMAS HA'LISHKAH
(a) Every year, one half Shekel was collected from every Jew to fund the Korbenos Tzibur that were offered in the Beis ha'Mikdash. Beis Din placed the money that was collected in a room in the Mikdash reserved for that purpose (see Background to Bava Metzia 57:16).
(b) The half Shekalim were collected before Rosh Chodesh Nisan so that the Korbanos of the new year (which starts with the month of Nisan) would be offered from the money that was collected for the new year. On the first of Adar, Beis Din announced that the Shekalim should be collected, in order to ensure that all of the Shekalim would be collected before Rosh Chodesh Nisan (see Insights to Shekalim 2a). Some commentaries contend that a portion of the Shekalim would not arrive until after Rosh Chodesh Nisan, while others claim that all of the Shekalim arrived by Rosh Chodesh Nisan, since the Shekalim were collected from the regions further from Yerushalayim earlier in the year. (This latter opinion appears to be the conclusion of the Yerushalmi, Shekalim 2a - see Mishnas Eliyahu ibid. 2b.)
(c) The amount that was collected from each Jew was not fixed at half a Shekel. Rather, the amount given was always half of the "Matbe'a ha'Yotzei" (the primary coin in use at the time), provided that it was not *less* than the value of half a Shekel.
(d) The word "Shekel," as used in the phrase "Machatzis ha'Shekel," refers to the Shekel that was in use at the time of Moshe Rabeinu, which was equivalent to the "Sela" of the times of the Gemara. Machatzis ha'Shekel is half of a Sela, or two Dinarim. People became accustomed to calling the coin that was valued at half of a Sela, "Shekel," since it was "paid out" ("Shoklim" Oso) in order to fulfill the Mitzvah of Machatzis ha'Shekel each year (RAMBAN to Shemos 30:13).
(e) At three times during the year (before each of the three festivals), Beis Din filled three boxes, each of which held three Se'in (approximately 21.6, 25 or 43.2 liters, depending upon the differing Halachic opinions) with Shekalim from that room. The portion that was set aside in the boxes was called the "Terumas ha'Lishkah," while the remainder of the Shekalim were called "Sheyarei ha'Lishkah" (Shekalim 7b, 8a). (See Insights to Shekalim 9:2)
(f) There is a difference of opinion as to why the Terumas ha'Lishkah was done three times a year rather than just once. One opinion states that the reason was only to publicize the Terumas ha'Lishkah (Shekalim 2b, see Insights there). According to others, Beis Din was concerned that the Terumas ha'Lishkah should also be collected from the Shekalim that arrived later in the year (this opinion is also mentioned in the Yerushalmi, ibid.).
(g) The Shekalim from the Terumas ha'Lishkah were used to purchase the animals needed for public sacrifices and for the wages of certain laborers and appointees of Hekdesh (as described in our Gemara). The Shekalim from the Sheyarei ha'Lishkah were used to buy other goods necessary for the upkeep of the Mikdash and the entire city of Yerushalayim (Shekalim 4a-b).

41) [line 46] HAVEI LEI HODA - [since Rebbi Shimon rules that bi'Techilah Govin Aleihen,] it will be known [to the individual that Beis Din issued a mistaken ruling. If so, how can Rebbi Shimon exempt the individual from a Korban, claiming that he was only following the ruling of Beis Din]?

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