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Rosh Kollel: Rabbi Mordecai Kornfeld

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Horayos 13

HORAYOS 12-14 - One week of study material has been dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.


(a) (Mishnah): The Par of the Kohen Gadol and the Par of the Tzibur...(the Kohen's Par is offered first).
(b) Question: How do we know this?
(c) Answer (Beraisa) Question: He will burn (the Par of the Tzibur) as he burned the *first* Par" - what does this mean?
(d) Answer: That the first Par mentioned in the Parshah (of a Mashu'ach) is entirely offered before the Tzibur's Par.
(e) (Beraisa): If the Par of the Kohen Gadol and the Par of the Tzibur are waiting to be offered, the Kohen Gadol offers his Par first, because he atones, and the Tzibur gets atonement;
1. It is proper that the atoner should get atonement before the ones he atones for - "(The Kohen Gadol) will atone for himself and his household and the whole Tzibur of Yisrael".
(f) If the Tzibur sinned through Hora'ah in idolatry and another Mitzvah - the Par for the other Mitzvah is offered first.
(g) Question: Why is this?
(h) Answer: The Par for the other Mitzvah is a Chatas, the Par for idolatry is an Olah;
1. (Beraisa) Question: "He will offer the Chatas *first*" - what does this teach?
i. It need not teach that the Chatas is offered first - it already says, "The second he will offer as an Olah"!
2. Answer: Rather, it teaches a Klal - a Chatas always precedes an Olah that accompanies it.
i. The Halachah is, even a Chatas ha'Of precedes an Olas Behemah.
(i) The Par offered for idolatry precedes the Sa'ir for idolatry.
(j) Question: But the Par is an Olah and the Sa'ir is a Chatas!
(k) Answer #1 (Rabah bar Mari): "Chatas" is written missing an 'Aleph' to hint that it is not first.
(l) Answer #2 (Rava): It says "Like its law" - like the order in which the Torah writes them (the Par is mentioned first).
(m) The Tzibur's Sa'ir for idolatry precedes the Nasi's Sa'ir (Chatas).
1. A Korban of the Tzibur precedes the Korban of an individual.
(n) The Nasi's Sa'ir precedes the Se'irah (Chatas) of a commoner.
1. The Korban of the king precedes that of a commoner.
(o) The Se'irah of a commoner precedes the Kisvah of a commoner.
(p) Contradiction (Beraisa): The Kisvah of a commoner precedes the Se'irah of a commoner.
(q) Answer (Abaye): Tana'im argue which is offered first.
1. The first Tana holds that a Se'irah has precedence, because an individual must bring it for idolatry;
2. The second Tana holds that a Kisvah has precedence, because its tail is offered.
(r) The Omer (the barley Minchah of the second day of Pesach) precedes the lamb brought with it; the Shtei ha'Lechem (the Minchah brought on Shavu'os) precedes the lambs brought with it;
1. The rule is - a Korban on account of the day precedes a Korban that accompanies a Minchah.
(a) (Mishnah): A man precedes a woman regarding sustaining their lives and returning a lost object;
(b) A woman precedes a man regarding clothing and to be redeemed from captivity;
1. If both are standing for sexual exploitation, we redeem the man first.
(c) (Gemara - Beraisa): If Reuven, his father and his Rebbi are all in captivity, Reuven first redeems himself, then his Rebbi, then his father.
1. If his mother was captured, he redeems her first.
(d) A Chacham precedes Melech Yisrael;
1. This is because not everyone is fit to be a Chacham, but everyone is fit to reign.
(e) A king precedes the Kohen Gadol - "The Melech said (to the Kohen Gadol...) of your master (i.e. myself)".
(f) A Kohen Gadol precedes a prophet - "Tzadok ha'Kohen and Noson ha'Navi" - Tzadok is mentioned first.
1. Also: "Yehoshua ha'Kohen ha'Gadol, you and your colleagues".
2. Suggestion: Perhaps his colleagues are commoners.
3. Rejection: "They are Anshei Mofes"
i. "Mofes" denotes a prophet - "He will show you a sign or Mofes (wonder)".
(g) The hierarchy of Kohanim (from top down) - a Mashu'ach; a Merubah Begadim; a Mashu'ach she'Avar (he was temporarily disqualified because of Tum'ah); a Mashu'ach that became blemished; Machu'ach Milchamah; the Segan (the Kohen prepared to substitute, in case the Kohen Gadol becomes disqualified); the Amarkal;
1. Question: Who is the Amarkal?
2. Answer (Rav Chisda): The one who Amar Kula (says everything, i.e. the Kohen appointed over everyone).
(h) After the Amarkal - a Gizbar (treasurer of Hekdesh); a head of a Mishmar (one of the 24 divisions of Kohanim, the Mishmaros alternated serving in the Mikdash); a head of a Beis Av (one of six subdivisions of a Mishmar, each served one day of the week); a regular Kohen.
(i) Question: If the Segan or the Machu'ach Milchamah must become Tamei, which has precedence (to remain Tahor)?
(j) Answer (Mar Zutra brei d'Rav Nachman - Beraisa): If the Segan and Machu'ach Milchamah encountered an unattended corpse, the Machu'ach Milchamah should bury it, for if the Kohen Gadol will be disqualified, the Segan will substitute for him.
(k) Contradiction (Beraisa): The Machu'ach Milchamah is above the Segan.
(l) Answer (Ravina): The Machu'ach Milchamah has precedence regarding sustenance (but regarding Tum'ah, the Segan has precedence).
(a) (Mishnah): The hierarchy of lineages (from top down) - Kohen; Levi; Yisrael; Mamzer; Nasin (a descendant of the Giv'onim, who converted through trickery; they are like slaves by Rabbinic decree); convert; freed slave.
1. This is when they are equal in Chachmah - but a Mamzer who is a Chacham precedes a Kohen Gadol that is an ignoramus!
(b) (Gemara): Kohen precedes Levi - "(Hash-m) separated Aharon to be Kodesh Kodoshim".
1. Levi precedes Yisrael - "Hash-m separated the Shevet of Levi".
2. Yisrael precedes Mamzer, because a Yisrael has (proper) lineage, a Mamzer does not;
3. Mamzer precedes Nasin, because a Mamzer comes from a Yisrael, a Nasin does not;
4. A Nasin precedes a convert, because a Nasin grew up in Kedushah, a convert did not;
5. A convert precedes a freed slave, because a convert is not cursed, a slave is cursed (Kena'an was cursed that his descendants would be slaves.)
(c) (Mishnah): This is when they are equal in Chachmah, but a Mamzer Chacham precedes an ignoramus Kohen Gadol.
(d) Question: What is the source of this?
(e) Answer (Rav Acha b'Rebbi Chanina): "(Torah) is dearer than Peninim (pearls)" - dearer than a Kohen Gadol who enters Lifnai v'Lifnim (the Kodesh ha'Kodoshim).
1. (Beraisa - R. Shimon): A freed slave *should* precede a convert, because a freed slave grew up in Kedushah, a convert did not;
i. A convert comes first, because a convert is not cursed, a slave is cursed.
(f) Question: Why are men more eager to marry a convert than a freed slave?
(g) Answer #1 (R. Eliezer b'Rebbi Tzadok): A convert is not cursed, a slave is cursed;
(h) Answer #2: Also, a convert guarded herself (from wanton relations, because she planned to convert); a freed slave did not guard herself (she did not know that she would be freed).
(a) Question: Why does a dog recognize his owner, but a cat does not?
(b) Answer (R. Eliezer): Even one who eats from what a mouse ate from, such a person forgets - cats eat mice, all the more so they forget!
(c) Question: Why are mice constantly chased?
(d) Answer (R. Eliezer): Their conduct wickedly.
(e) Question: How is this?
(f) Answer (Rava): They bite even garments (even though they get no benefit from this).

1. (Rav Papa): They bite even the handle of a shovel!
(g) (Beraisa): Five things make a person forget his learning:
1. Eating from what a mouse ate from;
2. Eating the heart of an animal;
3. Eating olives frequently;
4. Drinking water left over from washing;
5. Washing one foot over the other.
i. Some say, also sleeping with his head on his clothing.
(h) Five things restore a person's learning:
1. Eating bread baked on coals (all the more so, the coals themselves);
2. Eating a scrambled egg without salt;
3. Frequent consumption of olive oil;
4. Frequently drinking wine and smelling spices;
5. Drinking water left over from kneading a dough;
i. Some say, also sticking one's finger in salt and using that finger to eat.
(i) (Beraisa): Regular consumption of olive oil (restores learning) - this supports R. Yochanan.
1. (R. Yochanan): Just as eating olives makes a person forget the Torah he knew for 70 years, olive oil restores the Torah he knew for 70 years.
(j) (Beraisa): Frequently drinking wine and smelling spices.
(k) This supports Rava.
1. (Rava): Wine and fragrances sharpen a person's mind.
(l) (Beraisa - Some say): Also sticking one's finger in salt (and using that finger to eat).
(m) (Reish Lakish): This is when he eats with that one finger.
(n) Tana'im argue about this.
1. (Beraisa - R. Yehudah): Eating with one finger (helps restore learning), not with two;
2. R. Yosi says, with two fingers helps, not three.
i. A sign to remember the (proper number to use according to the two) opinions - the ring finger (one finger stands on one side of it, two fingers stand (together) on the other side).
(o) Ten things cause difficulty in learning:
1. Passing under the reins of a camel, all the more so under a camel itself;
2. Passing between two camels; passing between two women; a woman that passes between two men (causes difficulties for the men);
3. Passing where one can smell a carcass; passing under a bridge which has not had water under it for 40 days;
4. Eating bread that was not fully baked; eating the froth that accumulates on the spoon used to stir cooking meat; drinking from a stream that passes through a cemetary;
5. Looking at the face of a corpse;
i. Some say, also reading what is written on a tombstone.
(a) (Beraisa): When the Nasi enters, all rise; they do not sit until he tells them.
(b) When the Av Beis Din enters, everyone stands in two lines, on two sides; they do not sit until he sits.
(c) When a Chacham enters, each person stands (when the Chacham enters his four Amos) and sits (when the Chacham leaves his four Amos) until the Chacham sits in his place.
(d) The children of Chachamim and budding Chachamim - if the Tzibur needs them, they may walk (amidst people even if they appear to walk) on the people's heads;
1. If one left for a need, he may return to his place;
(e) The children of Chachamim that are leaders of the Tzibur - if they understand what is taught, they sit in front, with their backs to the Tzibur;
1. If they do not understand, they sit in front of their fathers, facing the Tzibur.
(f) R. Elazar b'Rebbi Tzadok says, even in a banquet hall, they sit by their fathers.
(g) (Beraisa): If one left for a need, he may return to his place.
1. (Rav Papa): That is only if he left to urinate; if he left to relieve himself (move his bowels), he was negligent (for not checking himself earlier if he needs to go), he may not return to his place.
2. (Rav Yehudah): A person should relieve himself morning and evening, so he will not have to distance himself during the day (to find a suitable place).
i. Nowadays, people are weaker, even to relieve oneself is not negligence, he may return.
(h) Beraisa (R. Elazar b'Rebbi Tzadok): Even in a banquet hall, they sit by their fathers.
(i) (Rava): If their fathers are not there, they do not sit in a place of honor.
(j) (R. Yochanan): This Beraisa (about standing for the Nasi) was taught in the days of R. Shimon ben Gamliel.
1. R. Shimon ben Gamliel was the Nasi, R. Meir was a great Chacham, R. Noson was the Av Beis Din. When any of them would enter, all would stand. R. Shimon ben Gamliel felt that the Nasi should be distinguished; he enacted the law of the Beraisa (which gives the greatest honor to the Nasi, then to the Av Beis Din, then to a Chacham).
2. R. Meir and R. Noson were not present when the enactment was made. When they learned of it, R. Meir suggested to R. Noson that they ask R. Shimon ben Gamliel to teach Ukztim (a tractate R. Shimon did not know).
i. This would be grounds to depose him; R. Noson would become Nasi, R. Meir would become Av Beis Din.
3. R. Yakov ben Kodshi heard this; he was concerned that R. Shimon would be shamed. He hinted to him that he should learn Ukztim. R. Shimon did so, and was able to teach it when R. Meir asked.
4. R. Shimon expelled R. Meir and R. Noson from the Beis Medrash. Questions which could not be answered in the Beis Medrash were sent outside to them.
5. R. Yosi: We should be in the place of Torah - outside with them!
6. R. Shimon: They may re-enter the Beis Medrash, but they will be fined - their teachings will not be said in their own names.
i. R. Meir's teachings (from then on) were recorded as "Others say"; R. Noson's teachings were recorded as "Some say".
(k) R. Meir and R. Noson each had a dream in which he was shown that he should appease R. Shimon.
1. R. Noson did so; R. Meir did not - "We do not change anything based on dreams".
2. R. Shimon rebuked R. Noson for trying to become Nasi.
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