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Horayos 8

HORAYOS 8 (4 Sivan) - Dedicated by Rabbi Kornfeld's father, Mr. David Kornfeld, in memory of the members of his family who perished at the hands of the Nazi murderers in the Holocaust and whose Yahrzeit is observed today: his mother (Mirel bas Yakov Mordechai), brothers (Shraga Feivel, Aryeh Leib and Yisachar Dov, sons of Mordechai), grandfather (Reb Yakov Mordechai ben Reb David [Shpira]) and aunt (Charne bas Yakov Mordechai [wife of Reb Moshe Aryeh Cohen]).


(a) What does Rebbi learn from the Pasuk (in connection with an Asham Taluy) "Ve'chiper Alav ha'Kohen al Shigegaso Asher Shagag"?

(b) How do we refute the Kashya that the Torah did not write 'Kol Chet'o bi'Shegagah'?

2) Our Mishnah teaches us that if Beis-Din are Chayav to bring a Par He'elam Davar only if they permitted a Mitzvah which is 'Zedono Kareis ve'Shigegaso Chatas'. What does the Tana say in this regard, about ...
  1. ... a Kohen Gadol?
  2. ... Beis-Din who permitted Avodah-Zarah?
(a) What does Rebbi in a Beraisa, learn from the 'Gezeirah-Shavah' "Alehah ("Ve'nod'ah ha'Chatas Asher Chat'u Alehah") "Alehah" (Le'galos Ervasah Alehah" [in connection with Nidah])?

(b) From where does he learn that the same applies to a Kohen Gadol?

(c) What does he learn from the 'Gezeirah-Shavah' "Mitzvos" ("Ve'asah Achas mi'Kol Mitzvos Hashem" [in connection with a Nasi who sinned]) "Mitzvos" ("Ve'asu Achas mi'Kol Mitzvos Hashem" [in connection with a Tzibur])?

(d) And what does he then learn from "ve'Im Nefesh Achas Techeta ... "?

(a) What does Rebbi learn from the 'Gezeirah-Shavah' "me'Einei" "me'Einei" (in connection with a Beis-Din who permitted Avodah-Zarah)?

(b) What does this come to preclude?

(a) And from where does Rebbi learn this with regard to ...
  1. ... a Nasi and a Kohen Gadol?
  2. ... a Yachid?
(b) What problem do we have according to the Rabbanan, who need "Alehah" for another D'rashah (Arayos and Tzaros)?

(c) They learn Rebbi's ruling from a D'rashah of Rebbi Yehoshua ben Levi. What did Rebbi Yehoshua ben Levi tell his son regarding the juxtaposition of the two Pesukim in Sh'lach-Lecha (in connection with Avodah-Zarah) "Torah Achas Yih'yeh Lachem la'Oseh bi'Shegagah ... ve'ha'Nefesh Asher Ta'aseh be'Yad Ramah"?

(d) And what did he mean when he said to him 'Ve'yilmod Elyon mi'Tachton'?

(a) Rebbi explains the Pasuk "Torah Achas Yih'yeh Lachem" like the Beraisa. A Tzibur that worships Avodah-Zarah receives Sekilah (stoning), whereas individuals receive only Sayaf (burning). What other difference is there between a Tzibur that worships idols and an individual who does?

(b) What does Rebbi therefore learn from "Torah Achas Yih'yeh Lachem"?

(c) Rav Chilkiyah from Hagrunya has a problem however, in working out what Rebbi thinks an Ir ha'Nidachas be'Shogeg might otherwise have brought. Why could he not have meant that they might have brought ...

  1. ... just a Par?
  2. ... a Par le'Olah and a Sa'ir le'Chatas?
  3. ... a Sa'ir?
  4. ... a Se'irah?
(d) So what do we suggest that Rebbi might have meant (besides the possibility that they would have brought a Par le'Chatas and a Sa'ir le'Olah)?
(a) What problem do we have in establishing the Pasuk in Sh'lach-Lecha by Avodah-Zarah?

(b) We solve the problem by citing Rebbi Yehoshua ben Levi.
How does Rebbi Yehoshua ben Levi (or Kadi) extrapolate it from the Pasuk "Ve'Chi Sishgu ve'Lo Sa'asu es Kol ha'Mitzvos ha'Eileh"?

(c) How does de'Bei Rebbi learn it from the Pesukim there "Asher Diber Hashem el Moshe" and "Asher Tzivah Hashem Aleichem be'Yad Moshe"?

(d) On what grounds do we reject the explanation of de'Bei Rebbi Yishmael, Darshening from the Pasuk there "le'Min ha'Yom Asher Tzivah Hashem ve'Hal'ah le'Doroseichem", that it must be speaking about Avodah-Zarah, because it was the first Mitzvah that Hashem commanded Yisrael?

Answers to questions



(a) Our Mishnah exempts Beis-Din from a Korban on the Asei and Lo Sa'aseh concerning the Beis-Hamikdash.
Which Asei and Lo Sa'aseh is the Tana referring to?

(b) Why are they Patur?

(c) And from what are Yechidim Patur for the same reason?

(d) The current exemption does not incorporate a Nasi, which will be discussed in the next Mishnah.
Does it incorporate a Kohen Gadol?

(e) What does the Tana go on to say about an Asei and a Lo Sa'aseh she'be'Nidah'? To which Asei and La'av is he referring?

(a) Which two Halachos does Rav Yitzchak bar Avdimi learn from the double 'Gezeirah-Shavah' "ve'Im Nefesh Achas Techeta bi'Shegagah ... ve'Ashem", "ve'Ashem (in connection with an Asham Taluy) and "ve'Asheimu" (in connection with the Par He'elam Davar [all in Vayikra])?

(b) Why do we not then incorporate the Korban Oleh ve'Yored (where the Torah writes ''Ve'hayah Ki Ye'esham le'Achas me'Eileh") in the 'Gezeirah-Shavah'?

(c) We query this however, by citing Tana de'Bei Rebbi Yishmael, who says 'Mah Hi Shivah Mah Hi Bi'ah' (in connection with Tzara'as Batim).
What does he mean by that?

(d) How does Rav Papa counter this Kashya, as well as the observation that the Torah also writes "Ve'ashem" in connection with Tum'as Mikdash ve'Kodoshav?

(a) Rav Shimi bar Ashi queries Rav Pap, by asking why we should not rather then learn Asham Taluy with a 'Gezeirah-Shavah' from '*Ve'ashem* u'Nesi'as Avon'.
In which connection is this written?

(b) What would the 'Gezeirah-Shavah then teach us?

(c) Rav Nachman bar Yitzchak finally learns the 'Gezeirah-Shavah' of Asham Taluy from "ve'Ashem", "Mitzvos Hashem" and "Asher Lo Se'asenah".
From where does he learn it?

(d) What does he then mean when he concludes 've'Al Yochi'ach Shemi'as Kol, u'Bituy Sefasayim ve'Tum'as Mikdash ve'Kadashav"? What else might it have said?

(a) Rebbi Yossi Hagelili adds a Nasi to the current list (of those who are only Chayav a Korban for permitting a Chiyuv Kareis if it is Chayav a Chatas Kavu'a be'Shogeg). Rebbi Akiva makes a compromise.
What does 'Nasi' mean in this regard?

(b) In which two of the three cases of Korban Oleh ve'Yored, does Rebbi Akiva disagree with Rebbi Yossi Hagelili?

(c) Why does he agree with him (though that may not be Rebbi Yossi Hagelili's reason)? Bearing in mind that we are speaking about a Nasi, what makes Shemi'as Kol different than the two other cases?

(a) How does Rebbi Yossi Hagelili explain the Pasuk in Vayikra (in connection with the Korban Oleh ve'Yored) "Ve'hayah Ki Ye'esham le'Achas me'Eileh"?

(b) We refute this explanation however, on the grounds that there is another way of explaining the Pasuk.
How else might we explain it?

(c) We finally equate Rebbi Yossi Hagelili's reason with a statement by Rebbi Yirmiyah.
What does Rebbi Yirmiyah in a Beraisa learn from the Pasuk "Lo Sasig Yado"? Whom does it come to preclude from the Din of Korban Oleh Veyored?

(a) What does Rebbi Yirmiyah learn in the same connection from the Pasuk ...
  1. ... (in connection with a Nasi) "Ve'asah Achas mi'Kol Mitzvos *Hashem Elokav*"? What does this indicate regarding the meaning of the word "Nasi"?
  2. ... "ve'ha'Kohen ha'Gadol me'Echav"? Which superior attributes must a Kohen Gadol possess other than looks and strength?
(b) Rebbi Meir carries the D'rashah even further.
What does *he* learn from "ve'ha'Kohen ha'Gadol me'Echav"?
Answers to questions

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