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Rosh Kollel: Rabbi Mordecai Kornfeld

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Makos 22

MAKOS 21-24 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.


(a) Question (Abaye - Mishnah): One who cooks Gid ha'Nasheh in milk on Yom Tov and eats it is lashed five times - for eating Gid ha'Nasheh, for cooking unnecessarily on Yom Tov, for cooking meat and milk, for eating meat and milk, and for burning on Yom Tov.
1. He is lashed twice for Melachos on Yom Tov!
(b) Answer #1 (Rava): The text of the Mishnah is mistaken, it should omit burning on Yom Tov, it should say that the Gid was of a Neveilah (the fifth lashes are for eating Neveilah).
(c) Question: But R. Chiya taught, he is lashed twice for eating and three times for cooking!
(d) Answer #2 (Rava): Rather, it should omit burning, it should say that the wood was from an Asherah, he transgressed "V'Lo Yidbak b'Yadcha Me'umah Min ha'Cherem"!
(e) Objection: (Rav Acha brei d'Rava): If so, he also transgresses "V'Lo Savi To'evah El Beisecha"!
(f) Answer #3 (Rav Acha brei d'Rava): Rather, the wood was Hekdesh, he transgressed "Va'Ashereihem Tisrefun ba'Esh".
(g) Question (R. Hoshaya): He can also transgress planting in a Nachal Eisan (where an Eglah Arufah was beheaded) - "Asher Lo Ye'aved Bo v'Lo Yizare'a"
(h) Question (R. Chananya): He can also transgress erasing Hash-m's name (by plowing through it) - "V'Ibadtem Es Shemam...Lo Sa'asun Ken la'Sh-m".
(i) Question (R. Avahu): He can also transgress cutting off Tzara'as - "Hishamer b'Nega ha'Tzara'as"!
(j) Question (Abaye): He can also transgress displacing the Choshen from the Efod (garments of the Kohen Gadol), and removing the poles that carry the Aron from the rings on the Aron (Ritva - if he plows with the poles while wearing the Choshen, he is liable for not returning them)!
(k) Question (Rav Ashi): He can also transgress plowing with wood of an Asherah - "V'Lo Yidbak b'Yadcha Me'umah Min ha'Cherem"!
(l) Question (Ravina): He can also transgress cutting good trees - "Ki Mimenu Sochel v'Oso Lo Sichros".
(m) Question (R. Ze'ira): He can also transgress a false oath, if he had sworn not to plow on Yom Tov!
1. Objection (R. Mani): That oath does not take effect, the oath (when we accepted the Torah) at Sinai already forbids this!
2. Answer: If he swore not to plow on Chol or Yom Tov, since the oath takes effect regarding Chol, it also takes effect regarding Yom Tov.
(n) Answer #1: The Mishnah does not list transgressions that can be annulled (he can permit his oath).
1. Question: But the Mishnah lists Hekdesh - he can annul his Hekdesh!
2. Answer #1: The case is, it is a Bechor (which is Hekdesh automatically).
3. Question: The Mishnah lists Tum'ah of a Nazir, he can annul his Nezirus!
4. Answer #1: The case is, he is a Nazir Shimshon (which cannot be annulled).
5. Objection: A Nazir Shimshon is permitted to become Tamei!
(o) Answer #2 (to all these questions): The Tana holds that Isur Kolel does not take effect (even though the oath not to plow on Chol takes effect, it does not take effect regarding Yom Tov).
(p) (R. Hoshaya): One who mates a blemished Korban (after it was redeemed, even on the same species) is lashed. (It is like two species, Chulin (it may be eaten like Chulin) and Kodshim (one may not shear it or work with it), therefore one is lashed for crossbreeding diverse species. Our text say that he is lashed twice - the extra lashes are for (mating, which is like) working with a blemished Korban; many delete this from the text.)
(q) (R. Yitzchak): One who conducts (works with) a blemished Korban (after it was redeemed) is lashed (for working with diverse species);
1. Even though it is one animal, the Torah considers it like two species.
(a) (Mishnah): One who is lashed receives 39 lashes - "B'Mispar Arba'im", the number followed by 40;
(b) R. Yehudah says, he receives a full 40 lashes;
1. (Thirty-nine lashes are evenly divided among three places (the Mishnah on 22B); the extra lash is between his shoulders.
(c) We only estimate (how many lashes he can survive) an amount divisible by three.
(d) If we estimated that he can survive 40 (really, 39) and after he was lashed some of them we estimate that he cannot bear them, he is exempt (for he was already humiliated).

(e) If we estimated that he can survive 18, and after he was lashed 18 we estimate that he can bear 40, he is exempt. (f) (Gemara) Question: What is the reason (he only gets 39 lashes)?
(g) Answer: Had it said 'Arba'im b'Mispar', we would say that it means 40;
1. Instead, it says "B'Mispar Arba'im" - this means, the number followed by 40.
(h) (Rava): Most people are foolish - they stand for a Sefer Torah, but not for Chachamim;
1. The Torah says to give 40 lashes, Chachamim expounded that it is only 39!
(i) (Mishnah - R. Yehudah): He receives a full 40 lashes (the extra lash is between his shoulders).
(j) (R. Yitzchak): R. Yehudah learns from "Mah ha'Makos he'Eleh Bein Yadecha v'Amar Asher Hukeisi Beis Me'ahavai" (Ritva - the extra lash is between his arms; Aruch l'Ner - 39 lashes are for the sin, the extra one arouses Hash-m's love for him.)
1. Chachamim say, that discusses a Rebbi lashing children.
(k) (Mishnah): ... (After he was lashed some, we estimate that he cannot bear them, he is exempt).
(l) Inference: He is exempt because he already received some lashes.
(m) Contradiction (Beraisa): If we estimated that he can survive 40, then we estimated that he cannot bear 40, he is exempt;
1. If we estimated that he can survive 18, and then we estimated that he can bear 40, he is exempt.
(n) Resolution (Rav Ashi): In the Mishnah, the second estimation was the same day - surely, he did not change, the first estimation was a mistake, he is not exempt until he is lashed;
1. In the Beraisa, the second estimation was another day - presumably our estimation was proper, he became weaker, he was already humiliated by the first estimation, he is exempt.
(o) (Mishnah): If Reuven transgressed something forbidden by two Lavim:
1. If one estimation was made for both Lavim, he receives that amount, he is exempt;
2. If the estimation was made for one Lav, he receives that amount; after he recovers, we estimate and lash him for the other.
(p) (Gemara - Beraisa) Contradiction: We do not make one estimation for two Lavim.
(q) Resolution (Rav Sheshes): An estimation of at most 41 does not exempt two Lavim (for he only receives 39, the multiple of three before this, just as he would for one Lav);
1. An estimation of at least 42 exempts two Lavim
(a) (Mishnah): To lash (Reuven), we lean him on a post and tie his hands to it;
1. The overseer of Beis Din grabs him by his garments, he is not concerned if they tear on the seams or elsewhere; until his chest is exposed;
(b) The overseer stands on a rock, holding a (Me'iri; Rivan - two) calf-skin strap(s) folded into four; two straps (of donkey skin) are attached.
(c) The whip handle is a Tefach, the width of the whip is a Tefach, the end (wraps around the width (Rivan; Ritva - the length) of Reuven's back and) reaches his stomach.
(d) One third of the lashes are on the stomach, and two thirds on the back (Ritva - in the middle; Rambam - one third on each shoulder).
(e) He is not lashed standing, nor sitting, rather, leaning - "V'Hipilu ha'Shofet".
(f) The one lashing lashes with one hand, with all his strength; another reads "Im Lo Sishmor...V'Hifla Hash-m Es Makosecha" , and repeats it.
(g) If Reuven dies, the overseer is exempt; if he died from an extra lash, the overseer goes to Galus.
(h) If Reuven urinated or excreted (Rambam - from the lashes, not from fear beforehand), he is exempt (for he was humiliated);
(i) R. Yehudah says, a man is exempt if he excreted, a woman is exempt if she urinated or excreted.
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