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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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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 entered Yerushalayim.

(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' (Beis Hillel).

(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 either side).
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).
(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.

(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.
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".
(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 additional Mitzvos.

(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 obvious.
2. ... with one warning - because then he would be Patur (as we shall now see).
(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 ...
1. ... and proceeds to drink it all day - that he only receives only one set of Malkos.
2. ... and drinks, is warned again and drinks again - that he receives one set of Malkos for each warning.
(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 simultaneously.
(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 Simlas Ishah").
(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 wrong).

(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 the Nikaf.

(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 ship sunk.
2. ... "ve'Seret" - that he is Chayav for each cut that he makes.
(c) Rebbi Yossi learn from "ve'Seret" - that one is Chayav for making one cut for five dead people.

(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.

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