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Makos 16

MAKOS 16-20 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.


(a) What does Rebbi Yehudah in a Beraisa say about the Pasuk in Bo "ve'Lo Sosiru Mimenu ad Boker, ve'ha'Noser Mimenu ad Boker, ba'Eish Tisrofu"?

(b) Based on what we just learned, what does ...

  1. ... Rebbi Yochanan extrapolate from Rebbi Yehudah's statement (what the Din would be if not for this 'Mi'ut')?
  2. ... Resh Lakish extrapolate from there?
(c) Resh Lakish disagrees with Rebbi Yochanan on the basis of another Beraisa, where the Rabbanan argue with Rebbi Yehudah over 'Hikah Zeh ve'Chazar ve'Hikah Zeh (or 'Kilel Zeh ... ').
What is the case?

(d) The Tana Kama declares the son Chayav under all circumstances.
What does Rebbi Yehudah say? Why is that?

(a) And Rebbi Yochanan disagrees with Resh Lakish, on the basis of a statement of Rav Idi bar Avin ... in his name, quoting Rebbi Yehudah in the name of Rebbi Yossi Hagelili.
What does he say about a 'La'av she'Ein Bo Ma'aseh'?

(b) What, besides someone who declares a Temurah and someone who cures a fellow-Jew using the Name of Hashem, is the exception to the rule?

(c) How do we reconcile our proof from there that Rebbi Yochanan argues with Resh Lakish about 'La'av she'Ein Bo Ma'aseh' according to Rebbi Yehudah, with the fact that Rebbi Yehudah himself lists 'Nishba' among the exceptions?

(d) Seeing as in fact, the initial Beraisa (regarding "Lo Sosiru") implies that Rebbi Yehudah ascribes Malkos both to a 'La'av she'Ein Bo Ma'aseh' and to a 'Hasra'as Safek', how do we reconcile it with ...

  1. ... Resh Lakish's Beraisa ('Hikah Zeh ve'Chazar ve'Hikah Zeh'), where he holds that 'Hasra'as Safek' is Patur?
  2. ... Rebbi Yochanan's 'Beraisa' ('Kol Lo Sa'aseh she'ba'Torah ... '), where he holds that 'La'av she'Ein Bo Ma'aseh' is Patur?
(a) Rebbi Yehudah learns in the Mishnah (later) 'ha'Notel Eim al ha'Banim 'Lokeh ve'Eino Meshale'ach'.
Why is that?

(b) On what grounds do the Rabbanan disagree with him?

(c) The Mishnah concludes 'Zeh ha'K'lal, Kol Mitzvos Lo Sa'aseh she'Yesh Bah Kum Asei, Ein Chayavin Alav'.
What did Rebbi Yochanan ...

  1. ... say about that?
  2. ... say to Rebbi Elazar when he asked him what the second case was?
(a) Initially, Rebbi Elazar thought that the second case was that of 'O'nes she'Giresh' (that we discussed on the previous Daf).
What is the problem with that Mishnah?

(b) Why can we not establish the case of Bitlo, when ...

  1. ... the woman died?
  2. ... he killed her?
  3. ... when he accepted Kidushin on her behalf from a another man (as Rav Shimi from Neherda'a suggested)?
(c) Why did we reject the suggestion that it speaks when he declared *publicly (in front of ten people)* that he would never take her back (a Neder which is not subject to annulment, in which case he would never be able to remarry her)?

(d) How do we then establish the case?

(e) Seeing as he is obligated to take her back, on what basis is such a Neder valid (see Hagahos ha'Bach 3)?

(a) We ask why Rebbi Yochanan confines the Din of Malkos by Bitlo, to 'Shilu'ach ha'Kein' and 'O'nes'. Why does he ignore 'Gezel', where the Torah writes in Vayikra "Lo Sigzol' and ''Ve'heishiv es ha'Gezeilah', and returning a Mashkon ("Lo Savo el Beiso La'avot Avoto" and "Hashev Tashiv Lo es he'Avot" [in Ki Seitzei]).
What do we answer?

(b) We then ask from the Mashkon of a Ger.
What is the case?

(c) Why would we have thought that this should be any different than the Mashkon of a Yisrael?

(d) What do we answer?

Answers to questions



(a) We also ask why Rebbi Yochanan omits Pe'ah, by which the Torah writes in Emor "Lo Sechaleh Pe'as Sadcha ... ", and "le'Ani ve'la'Ger Ta'azov Osam". According to the Beraisa, what must one do, if one failed to leave Pe'ah from the standing corn or even from the sheaves?

(b) What additional obligation comes into effect, once he has made 'Miru'ach'?

(c) What does Rebbi Yishmael say?

(d) How does 'Bitlo' apply according to ...

  1. ... the Rabbanan?
  2. ... Rebbi Yishmael?
(a) We therefore conclude that the second case of Bitlo referred to by Rebbi Yochanan is Pe'ah.
On what grounds do we retract from our original supposition, that it is O'nes, when the Ma'enes made a Neder al Da'as Rabim?
Why do we no longer consider that 'Bitlo'?

(b) And we compare this to the case of that children's Rebbe.
Why did Rav Acha initially depose him with a Neder al Da'as Rabim?

(c) Then how could Ravina reinstate him?

(a) What did Rav Yehudah say about someone who eats a cabbage-worm?

(b) All insects are subject to two sets of Malkos, both in Shemini "Al Teshaktzu es Nafshoseichem" and "ve'Lo Sitam'u Bahem".
How many additional sets of Malkos will a person receive for eating ...

  1. ... a water insect?
  2. ... an ant?
  3. ... a hornet?
(c) Why do we not add one set of Malkos for the Pasuk in Kedoshim "ve'Lo Seshaktzu es Nafshoseichem"?

(d) Why is one Chayav for eating an ant, seeing as it isss smaller than a ke'Zayis?

(a) What does Rav Acha'i says about someone who does not relieve himself when he needs to?

(b) To whom does Rav Bibi bar Abaye apply the same La'av?

(c) How many sets of Malkos will someone receive for crushing nine ants and adding one live one to make up a ke'Zayis?

(d) How can the live ant combine with the nine dead ones to make up the Shiur?

(a) Rabah Amar Rebbi Yochanan adds that the same will apply even to two ants plus the live one.
What does Rav Yosef say?

(b) Do the Amora'im argue?

(a) Rav rules that one receives Malkos for eating Tevel of Ma'aser Rishon. What is the Chidush?

(b) This is also the opinion of Rebbi Yossi in a Beraisa.
What does Rebbi Yossi say about someone who eats crops from which Terumah was taken, but not Ma'aser Rishon, Ma'aser Sheini or Ma'aser Ani?

(c) What does Rebbi Yossi learn from the Gezeirah-Shavah "ve'Achlu bi'She'arecha ve'Save'u" (Ki Savo) "Lo Suchal Le'echol bi'She'arecha" (Re'ei)?

(a) In the Mishnah in D'mai, Rebbi Eliezer holds that one does not even need to designate Ma'aser Ani of D'mai.
What is D'mai? Why did Yochanan Kohen Gadol institute it?

(b) What do the Rabbanan say?

(a) How does Rav Yosef attempt to explain the Machlokes?

(b) On what grounds does Abaye refute Rav Yosef's explanation?

(c) According to Abaye, Rebbi Eliezer does not suspect the Amei ha'Aretz of not separating Ma'aser Ani.
Why is that?

(d) On what grounds do the Rabbanan then disagree with Rebbi Eliezer?

Answers to questions

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