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Previous daf Makos 12
MAKOS 11-15 - Ari Kornfeld has generously sponsored the Dafyomi publications
for these Dafim for the benefit of Klal Yisrael.
|The numbers that appear next to certain entries represent the number
assigned to those items in the diagram of the Beis ha'Mikdash of the Tiferes
Yisrael (e.g. TY #43). This diagram, which will be included in a separate
mailing and can be found on our site, is printed both in the Tiferes Yisrael
Mishnayos (in Midos Chapter 2 or following Midos) and in Rav P. Kahati's
Mishnayos (page 290, at the beginning of Midos).
1) [line 1] ALIBA D'REBBI ELIEZER KULEI ALMA LO PELIGEI - that is, the
opinion that rules "Mesah Chehunah" rules like Rebbi Yehoshua, and most
certainly *not* like Rebbi Eliezer, since Rebbi Eliezer retroactively
invalidates the acts of Divine service of the Kohen/Ben Gerushah, which
concurs with the opinion that rules "Batlah Chehunah"
2) [line 4] "[YASIMU KETORAH B'APECHA, V'CHALIL AL MIZBECHECHA.] BARECH
HASH-M CHEILO, U'FO'AL YADAV TIRTZEH..." - "[They shall place incense in
Your presence and cause sacrifices to be consumed on Your altar.] HaSh-m,
bless his wealth, and favor the work of his hands..." (Devarim 33:10-11) -
It is possible that Rebbi Yehoshua learns like Avuha di'Shmuel (Kidushin
66b, but see Pesachim 72b), who takes the word "Cheilo" as a hint to the
3) [line 5] CHALALIN - profaned descendants of the Kohanim
See Background to Makos 11:50.
4) [line 7] SHTEI TA'UYOS TA'AH YO'AV - Yo'av made two mistakes
5) [line 8] "... VA'YANOS YO'AV EL OHEL HASH-M VA'YACHAZEK B'KARNOS
HA'MIZBE'ACH." - "[The news reached Yo'av [and worried him], because Yo'av
had turned after Adoniyah, but he had not turned after Avshalom.] And Yo'av
fled to the tent of HaSh-m and he grabbed hold of the horns of the Mizbe'ach
(altar)." (Melachim I 2:28)
6) [line 11] MIZBACH BEIS OLAMIM / MIZBACH SHILOH (BAMAH GEDOLAH / BAMAH
KETANAH / MIZBE'ACH)
(a) BAMAH - A Bamah is a raised area used for sacrifices. Before the Beis
ha'Mikdash was built (when the Mishkan was not in use), there were times
when it was permitted to offer sacrifices on public altars (Bamas Tzibur or
Bamah Gedolah) and private altars (Bamas Yachid or Bamah Ketanah) (see
Insights to Pesachim 91:2).
(b) BAMAH GEDOLAH - Only one public altar was in use at any particular time.
At various times in our history, the Bamah Gedolah was in Gilgal (where the
Mishkan stood before the land was completely conquered, until it was moved
to Shiloh), Nov and Giv'on (after the Mishkan in Shiloh was destroyed, see
Zevachim 112b). An individual could offer only voluntary sacrifices on a
Bamah Gedolah. There is a difference of opinion among the Tana'im as to
whether all communal sacrifices could be offered on a Bamah Gedolah or only
the communal sacrifices that have a fixed time (Zevachim 117a).
(c) BAMAH KETANAH - Any person, even if he was not a Kohen, could build a
Bamah Ketanah anywhere in Eretz Yisrael and offer upon it his personal
sacrifices. Only voluntary sacrifices could be offered on a Bamah Ketanah.
(d) MIZBE'ACH - The Mishkan was built in Shiloh, a city in the portion of
Efrayim, after the 14 years of conquest and apportionment of Eretz Yisrael.
A Mizbe'ach (altar) was built to replace the Bamos, and as long as the
Mishkan stood in Shiloh, sacrificing on the Bamos was prohibited. The
Tana'im argue as to whether this Mizbe'ach was a stone structure or whether
it was the hollow wooden Mizbe'ach overlaid with copper that was constructed
for the Mishkan in the desert, filled with stones (Zevachim 61b). The
Mishkan stood in Shiloh for 369 years (Seder Olam Raba 11).
(e) The Beis Olamim is the Beis ha'Mikdash. It was called by this name, the
"Eternal Dwelling," because once it was chosen, it became the permanent
dwelling place of the Shechinah. Once again the Bamos were prohibited, but
this time permanently. The Mizbach ha'Chitzon (Outer Mizbe'ach) or Mizbach
ha'Olah (Mizbe'ach of the Korban Olah) of the Beis ha'Mikdash consisted of
three concrete and stone platforms poured one on top of the other. (For a
description of the Mizbe'ach ha'Chitzon, see Background to Sukah 45:15.)
(f) Our Gemara relates that Yo'av ran to "Ohel HaSh-m" and grabbed on to the
horns of the Mizbe'ach. A distinction is then made between the Mizbe'ach of
Shiloh and that of the Beis ha'Mikdash, which indicates that Yo'av ran to
Shiloh and not to the Beis ha'Mikdash (which had not yet been built). RASHI
explains that instead of Shiloh, the intention of the Gemara is to
distinguish between the Mizbe'ach of the Beis ha'Mikdash and the Mizbe'ach
that David ha'Melech built in Ir David (the present-day Shilo'ach section of
Yerushalayim), in front of the tent that David constructed to house the Aron
ha'Kodesh (Shmuel II 6:17).
7) [line 13] SARO SHEL ROMI - the Guardian Angel of Rome (Esav), also known
8) [line 14] "MI ZEH BA ME'EDOM, CHAMUTZ BEGADIM MI'BATZRAH..." - "Who is
this coming from Edom, from Batzrah with soiled garments..." (Yeshayah 63:1)
9a) [line 14] BETZER - one of the cities of refuge (Devarim 4:43, see below,
b) [line 15] BATZRAH - (a) a city of Moav (RASHI to Yeshayah 63:1); (b) a
fortified city, from the same root as the word "Mivtzar"(METZUDAS TZIYON)
10) [line 16] AREI MIKLAT (AREI LEVIYIM / AREI MIKLAT)
(a) AREI LEVIYIM - When the land of Yisrael was divided among the tribes of
Yisrael, all tribes received a portion of land except for the tribe of Levi
(Bamidbar 26:62, Yehoshua 14:4). The Leviyim were settled in the six Arei
Miklat (cities of refuge) and in forty-two other cities that were designated
as "Arei Leviyim" (Yehoshua 21:3-39).
(b) Part of the grant of land that the Leviyim received was the 2000-Amah
Techum (the city limits). The first one thousand Amos from the wall of the
city is called the Migrash of the city. It is left unplanted and is known as
the "Noy ha'Ir" (the beauty of the city). The remaining one thousand Amos is
designated for fields and vineyards (Sotah 27b).
(c) AREI MIKLAT - A person who murders intentionally after having been
previously warned is liable to the death penalty. A person who murders
unintentionally is exempt from the death penalty, but is punished with Galus
(d) When it is proven that a person killed unintentionally, he is banished
to one of the six Arei Miklat or one of the forty-two cities of the Leviyim.
He must stay there and not leave the city or its Techum for any reason
whatsoever until the death of the Kohen Gadol who served at the time that he
was sentenced to banishment.
(e) If the unintentional murderer leaves his city of refuge, the Go'el
ha'Dam (the closest relative of the murdered person) is permitted to avenge
the death of his relative and kill the murderer.
11) [line 16] LO NITNU LI'KEVURAH - they are not designated for burial, i.e.
cemeteries or burial caves may not be constructed in them
12) [line 17] "... U'MIGRESHEIHEM YIHEYU LI'VEHEMTAM VELI'RECHUSHAM ULE'CHOL
CHAYASAM." - "... and their outer grounds shall be for their animals and
their possessions and for all of their livelihood." (Bamidbar 35:3)
13) [line 18] "... [ASHER NAS] SHAMAH" - "[to which he fled] there"
(Bamidbar 35:25) - The Tosefta (Makos 2:2) learns the three Halachos of our
Mishnah from three verses in which the word "Shamah" appears: "Lanus Shamah"
(ibid. 35:11); "Asher Nas Shamah" (ibid. 35:25); "Asher Yanus Shamah" (ibid.
14a) [line 20] LIKLOT - in which to find refuge (such that he is not able to
be killed by the Go'el ha'Dam)
b) [line 20] LADUR - in which to live
15a) [line 21] SADEH - a field, further than 1000 Amos from a city of the
Leviyim (see above, entry #10:b)
b) [line 21] MIGRASH - an open space within the first 1000 Amos from a
city of the Leviyim (see above, entry #10:b)
c) [line 21] IR - a city of the Leviyim (see above, entry #10:a)
16) [line 22] MECHILOS - underground tunnels
17) [line 26] ROTZE'ACH SHE'YATZA CHUTZ LI'TECHUM - the [unintentional]
murderer who went out of the city limits [of the city to which he fled].
(According to RABEINU CHANANEL (and the implication of the following
Gemara), this Halachah applies even before the Rotze'ach has been tried for
the murder, and can be understood according to the Mishnah -- Daf 9b)
18a) [line 35] B'MEZID NEHERAG - [if the unintentional murderer]
intentionally [leaves the city to which he fled], he is killed [by the Go'el
ha'Dam, who is not punished for murdering him]
b) [line 35] B'SHOGEG GOLEH - [if the unintentional murderer]
unintentionally [leaves the city to which he fled], he is sent [back] to
Galus [and may not be killed by the Go'el ha'Dam, who would be punished for
19) [line 36] DIBRAH TORAH KI'LESHON BENEI ADAM - the Torah [in this
instance] speaks in the manner of man
(a) Every word in the Torah is holy and contains worlds of insights and
nuances. However, certain sages of the Mishnah felt that there were some
phrases recorded in the Torah that paralleled people's speech, and should
not be used for homiletics or insights.
(b) The opinion that rules Dibrah Torah ki'Leshon Benei Adam would only
learn one Halachah from the verse, and only if the unintentional murderer
intentionally leaves the city to which he fled may he be killed by the Go'el
ha'Dam. If he leaves unintentionally, he is sent back to Galus.
20) [line 42] EIN HA'BEN NA'ASEH SHALI'ACH L'AVIV - a son may not be
appointed as an emissary for Beis Din to hit his father or to curse his
father (see Insights to Sanhedrin 85:2)
21) [line 43] MESIS
(a) A man or woman who leads a fellow Jew astray by trying to influence him
or her to commit idolatry, is put to death by stoning (Devarim 13:7-12). It
makes no difference if anyone actually committed idolatry or not.
(b) Certain Halachos of Mesis are more stringent than any other capital
offence of the Torah. A Mesis does not need a warning to be found guilty;
however, he must perform the Hasasah in front of two witnesses in order to
be put to death. Even if the witnesses stood in a concealed place, it is
possible for the Mesis to be guilty of Hasasah, whereas in all other capital
punishment cases this testimony would be invalid (RAMBAM Hilchos Avodah
Zarah 5:1-5). In addition, the Gemara (Sanhedrin 53a) teaches, Beis Din is
not enjoined to find reasons to acquit the Mesis, as Beis Din is enjoined to
do in the case of every other capital offender.
(c) Our Gemara teaches that if one's father is a Mesis, his son may be
appointed as an emissary for Beis Din to kill his father.
22) [line 43]"LO SACHMOL V'LO SECHASEH ALAV." - "Do not have compassion on
him and do not cover for him." (Devarim 13:9)
23) [line 45] NOFO - its branches
24) [line 48] MA'ASER (MA'ASER SHENI:ACHILASO / PIDYONO / KELITAH)
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to
the owner's house or yard, he must separate Terumah Gedolah from the crop
and give it to a Kohen. Although the Torah does not specify the amount to be
given, the Rabanan set the requirement at one fiftieth of the total crop.
After Terumah is removed from the produce, one tenth of the produce that
remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi,
in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser,
to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been separated from
it. Until the Terumos have been separated, the produce is called Tevel. The
punishment for eating Tevel is Misah b'Yedei Shamayim (Sanhedrin 83a).
(c) A second tithe is given every year after Ma'aser Rishon has been
separated. The tithe that is separated in the third and sixth years of the
7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth
years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be
brought and eaten by its owner in Yerushalayim. Anyone who eats Ma'aser
Sheni produce outside of the walls of Yerushalayim (without Pidyon,
redemption -- see (e) below) receives Malkos (RAMBAM Hilchos Ma'aser Sheni
2:5). Once the Ma'aser Sheni produce enters the walls of Yerushalayim, it
may not be redeemed. It is considered "Niklat," "captured" by the walls.
(e) Alternatively, Ma'aser Sheni produce may be redeemed (Pidyon), in which
case the money used to redeem it is brought to Yerushalayim. If the owner
himself redeems the produce, he must add an additional *fifth* (of the
ensuing total, or a *quarter* of the original value). The food that is
bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and
must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides
the owner is exempt from the additional fifth.
25) [line 48] MA'ASER B'CHOMAH TALAH RACHMANA - Ma'aser Sheni depends upon
the walls of Yerushalayim
26) [line 49] B'IKARO LO MISDAR LEI - a person is not able to live on the
trunk of a tree (as opposed to a tree house in its branches)
27) [line 4] PARIK - redeem
28) [line 6] PEDIYAH - redemption
29) [line 12] HA GAVAI KAI! - but he is inside [of a city of refuge, where
he should be protected from death]!
30a) [line 14] CHITZIM - arrows
b) [line 14] TZEROROS - pebbles, stones
31) [line 15] BI'MEHEVEI IKARO DARGA L'NOFO - if its trunk (which is inside)
serves as a step to its branches (which are outside, and it is impossible to
kill him without climbing up from the trunk)
32) [line 21] "V'SAMTI LECHA MAKOM" - "[And if a man does not lie in wait,
but HaSh-m has caused it (the accidental murder) to come into his hand;]
then I will appoint you a place [where he shall flee.]" (Shemos 21:13)
33) [line 22] (MI'MEKOMCHA) BI'MEKOMCHA (MACHANEH LEVIYAH)
There are three main Machanos (designated holy areas) within the city of
Yerushalayim, corresponding to their respective areas in the Midbar
(a) The entire area within the walls of Yerushalayim, excluding Har
ha'Bayis, is Machaneh Yisrael. This area corresponded to the area of
encampment of the twelve tribes in the Midbar. Machaneh Yisrael is
off-limits to Metzora'im (see Background to Bava Metzia 86:29. For a full
discussion of the process by which a Metzora becomes Tahor, see Background
to Kidushin 35:24). Metzora'im are also forbidden to enter any walled city
in Eretz Yisrael.
(b) The area between the Azarah and the wall encompassing Har ha'Bayis,
including the Ezras Nashim courtyard (TY #10), is Machaneh Leviyah. This
corresponded to the area around the Mishkan, where the Leviyim encamped. In
the desert, this area served as a city of refuge, as our Gemara teaches. Not
only Metzora'im are prohibited to enter this area, but also Zavin and Zavos
(see Background to Bava Kama 24:2, 5), Nidos (see above, entry #3a) and
Yoldos (see Background to Kidushin 13:16).
(c) The entire area within the Azarah, i.e. the Ezras Yisrael (TY #22) and
the Ezras Kohanim (TY #25, that contained the Beis ha'Mikdash, the Mizbe'ach
(TY #47), and various Lishkos or chambers) -- but not the Ezras Nashim -- is
Machaneh Shechinah (excluding the area under the gate to the Azarah known as
Sha'ar Nikanor -- TY #18). This corresponded to the area of the Mishkan
[within the Kela'im, curtains]. This area is even prohibited to a person who
is Tamei Mes and Tamei Sheretz.
34) [line 24] MI'KAN AMRU - from this they said [that a Levi who lives in a
city of refuge (or city of the Leviyim) goes to Galus to another city of
refuge (or city of the Leviyim)]
35) [line 25] MI'PELACH LI'PELACH - from one city to another city
36) [line 25] IM GALAH L'FILCHO - and if he is banished from one
neighborhood to another neighborhood (in the same city)
37) [line 26] PILCHO KOLTO - his city (i.e. the other neighborhood) provides
refuge for him (that is, since the "city of refuge" of the desert was the
camp of the Leviyim, and a Levi who killed at that time moved from one place
in the Machaneh Leviyah to another, a Levi who lives in a city of refuge or
a city of the Leviyim may move within his city as a fulfillment of the
requirement to go to Galus -- RASHI to Zevachim 117a)
38) [line 29] V'RATZU ANSHEI HA'IR L'CHABDO - and the people of the city of
refuge wanted to honor him (which is a contradiction to the entire concept
of Galus, in which the Rotze'ach is meant to learn humility and
self-effacement -- RITVA)