ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Makos 20
MAKOS 16-20 - Ari Kornfeld has generously sponsored the Dafyomi publications
for these Dafim for the benefit of Klal Yisrael.
(a) Discussing a Machlokes between Beis Shamai and Beis Hillel, Rebbi Shimon
ben Yehudah quoting Rebbi Yossi in a case where fruit that had not yet
reached the stage of Ma'asros and that entered Yerushalayim and was taken
out again, rules - that both Beis Shamai and Beis Hillel agree that one is
permitted to redeem the Ma'aser Sheini anywhere and eat it.
(b) Beis Shamai and Beis Hillel argue in a case - where the fruit had
reached the stage of Ma'asros (for example, crops after Miru'ach) when they
(c) And the basis of their Machlokes is - whether 'Matanos she'Lo Hurmu
ke'Mi she'Hurmu Damyan' (Beis Shamai) or 'La'av ke'Mi she'Hurmu Damyan'
(a) We reconcile Rebbi Yossi according to Beis Hillel in the latter Beraisa
with his own ruling in the earlier one, where he ruled 'Matanos she'Lo
Hurmu, ke'Mi she'Hurmu Damyan' - by differentiating between eating and
redeeming. The walls of Yerushalayim are Kolet Ma'aser to prohibit its
consumption elsewhere mi'd'Oraysa (which is why he receives Malkos for
having eaten it outside); but only mi'de'Rabanan to prohibit redeeming it
outside, and the Rabbanan only decreed on actual Ma'aser Sheini (according
to Beis Hillel), but not when it is contained inside Tevel.
(b) To explain Rebbi Yossi's Chidush, *Ravina* establishes earlier Beraisa
(where Rebbi Yossi rules that a Zar is Lokeh for eating Ma'aser Sheini that
had entered Yerushalayim and been taken out again) - when he entered
Yerushalayim with the actual Ma'aser at the end of a pole placed on his
shoulder, resolving at the same time, Rav Papa's She'eilah on the previous
Amud, le'Chumra. Note, that according to Ravina, Rebbi Yossi holds 'Matanos
she'Lo Hurmu, La'av ke'Mi she'Hurmu Damyan' (like Beis Hillel).
(a) Our Mishnah rules that someone who makes a bald patch on his head (as a
sign of mourning for a deceased person), who rounds off his Pe'os, who
destroys the corners of his beard or who cuts himself as a sign of mourning
for a deceased person - all receive Malkos.
(b) The Tana rules that someone who makes ...
1. ... one cut for five dead people - receives five sets of Malkos, as does
someone who makes ...
2. ... five cuts for one dead person.
(a) For ...
1. ... cutting off one's Pe'os - one receives two sets of Malkos (one for
(b) Rebbi Eliezer qualifies this last statement. In the event that he shaved
them all in one sitting, he says - one will receive only one set of Malkos.
2. ... destroying one's beard - one receives five sets of Malkos (two for
either side of the face [one below the ear, where the jaw-bone begins, and
one at the end of the jaw] and one for the chin).
(c) The Tana Kama confines the La'av to shaving with a razor. According to
Rebbi Eliezer, he will be Chayav - even if he uses tweezers or a plane.
(a) In the Pasuk "Lo Yikrechu Korchah be'Rosham", the Beraisa learn from ...
1. ... "Korchah" - that one is Chayav for each bald patch that he makes.
(b) This Pasuk is written in connection with the Kohanim, who, we might have
thought, will be different in this regard - because they already have
2. ... "be'Rosham" - that one is Chayav for making a bald patch anywhere on
the head, in spite of the Pasuk in Re'ei "Banim Atem ... ve'Lo Sasimu
Korchah *Bein Eineichem* la'Meis".
(c) Nevertheless, we know that this Chumra extends to Yisre'elim as well -
because of the 'Gezeirah-Shavah' "Korchah" "Korchah" (in the two current
Pesukim under discussion).
(d) On the other hand, from the Pasuk in Re'ei - we learn (via the 'Kal
va'Chomer') that even a Kohen is only Chayav for making a bald patch if he
does it as a sign of mourning for a deceased person.
(a) The four or five bald patches discussed in the current Beraisa cannot be
speaking in a case where one made them one after the other ...
1. ... with the corresponding number of warnings - because that would be too
(b) This ruling is based on a Mishnah later, where the Tana rules in a case
where a Nazir is warned not to drink wine ...
2. ... with one warning - because then he would be Patur (as we shall now
1. ... and proceeds to drink it all day - that he only receives only one set
(c) The case in the Beraisa where he receives four or five sets of Malkos
(and which is not obvious) is - when after being warned, he smeared all five
fingers with a sharp hair-remover and rubbed them on his head
2. ... and drinks, is warned again and drinks again - that he receives one
set of Malkos for each warning.
(a) According to Rav Huna, the Shiur of a Korchah is large enough to be
visible. Rebbi Yochanan quoting Rebbi Elazar b'Rebbi Shimon (or Shamua)
gives it - as a k'Geris (the size of a bean).
(b) The Tana Kama in a Beraisa gives the Shiur as a k'Geris. Acheirim - as
large enough to be visible.
(c) A third Tana cited by Rav Yehudah bar Chaviva gives the Shiur as two
hairs. Others quote this Tana as saying - the size of a lentil.
(d) We can remember that it is the opinion that holds two hairs that is
replaced with that of a lentil, and not that which holds the size of a
bean - because the Shiur of a bean and of a lentil both figure in the
Shiurim of Tzara'as: 'Baheres (a mark of Tzara'as) ki'Geris, u'Michyah (a
raw patch of flesh) ka'Adashah'. Likewise here, both Shiurim figure together
(and do not replace each other).
(a) We learned in a Beraisa that someone who removes a 'M'lo Pi ha'Zug' (the
tip of a scissors-full) of hair on Shabbos - which Rav Yehudah gives as two
hairs, is Chayav.
(b) We therefore amend the Beraisa, which continues 'le'Korchah Sh'tayim' -
to read 've'Chein le'Korchah'.
(c) This is also the opinion of the Tana Kama in a Beraisa. Rebbi Eliezer
however, holds - that one is Chayav for even one hair.
(d) The Chachamim concede to Rebbi Eliezer that one is Chayav for removing
even one white hair from the black ones ...
1. ... on Shabbos - because of its significance (based on the fact that a
man will remove it so as to retain his youthful appearance).
2. ... even during the week - because of the La'av of ''Lo Yilbash Gever
(a) The Beraisa translates "Pe'as Rosho" as 'Sof Rosho'. The Tana goes on to
define the Isur - as cutting away the sideboards, thereby joining the
forehead with the space behind the ears (where no hair grows).
(b) Rav Chisda's initial reaction to the Beraisa quoted by the Beraisa
expert which rendered the person's whose Pe'os were shaved off Chayav
together with the person who shaved him - was to compare it to giving
someone Malkos for eating dates in a sieve (seeing as he had done nothing
(c) He did however, suggest to the Beraisa expert that the author must be
Rebbi Yehudah, who holds that one is Chayav for a La'av she'Ein bo Ma'aseh.
Rebbi Yehudah will learn this from the Pasuk "Lo Sakifu Pe'as Roshcha"
(which implies an act) - either by explaining it to mean 'Do not allow your
Pe'os to be shaved', or because the use of the plural "Lo Sakifu" includes
(d) Rava establishes the Beraisa even like the Chachamim, and the Tana
speaks when the sinner shaved himself (for which he will receive two sets of
Malkos). Rav Ashi - establishes the Beraisa in a regular case, even like the
Chachamim, but where the Nikaf helps the Makif as he shaves (by availing his
Pe'os for cutting).
(a) A Beraisa describes "Pe'as Zekano" as 'Shiboles Zekano' - which is the
area of the jaw that contains all five 'corners of the beard'.
(b) In the Pasuk "ve'Seret la'Nefesh Lo Sitnu bi'Vesarchem", the Beraisa
learns from ...
1. ... "la'Nefesh" - that one is only Chayav if one makes the cut as a sign
of mourning for a deceased person, but not because his house caved in or his
(c) Rebbi Yossi learn from "ve'Seret" - that one is Chayav for making one
cut for five dead people.
2. ... "ve'Seret" - that he is Chayav for each cut that he makes.
(d) Rebbi Yossi learns the previous Halachah - by virtue of the fact that he
considers 'Seritah' and 'Gedidah' (where the Torah has already written
"la'Meis" [to include each cut]) to be one and the same thing.