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Kollel Iyun Hadaf, Jerusalem

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Makos 23

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


(a) What does Rav Sheishes in the name of Rebbi Elazar ben Azaryah learn from the juxtaposition of the Pasuk ...
  1. ... in Ki Savo "Arba'im Yakenu" to that of "Lo Sachsom Shor be'Disho"?
  2. ... "Lo Sachsom Shor be'Disho" to that of "Ki Yeishvu Achim Yachdav" (in connection with the Mitzvah of Yibum)?
  3. ... in Ki Sisa "Elohei Maseichah Lo Sa'aseh Lach to that of "es Chag ha'Matzos Tishmor"?
  4. ... in Mishpatim "la'Kelev Tashlichun Oso" to that of "Lo Sisa Sheima Shav" (which we can also read as "Lo Sashi ... "), Al Tashes Yadcha Im Rasha Liheyos Eid Chamas"?
(b) How do we know that the Pasuk "es Chag ha'Matzos Tishmor" refers to the prohibition of Melachah on Chol ha'Mo'ed (and not to Yom-Tov)? (c) What did that Galile'an Darshen in front of Rav Chisda to explain why they attached a strap of donkey hide to the strap of calf hide?
(a) On what grounds does Rava refute Abaye's ruling that (based on the fact that the strap had to reach the beginning of the sinner's stomach) each sinner required a made-to-measure whip?

(b) So what did Beis-Din do according to Rava?

(c) What source does Rav Kahana quote for our Mishnah, which prescribes one third of the Malkos in front, and two thirds, at the back?

(d) And what does Rav Chisda Amar Rebbi Yochanan learn from the fact that the Torah writes "ve'Hipilo ha'Shofet", rather than "ve'Yateihu" (which means "and he shall bend him")?

(a) The Tana Kama of the Beraisa requires the floggers to be weak in body but strong in mind (so as to temper the judgment with mercy).
What does Rebbi Yehudah say?

(b) What basic Halachah do we learn from "Lo Yosif" "Pen Yosif"?

(c) How does Rava support Rebbi Yehudah's view from there?

(d) How will the Rabbanan counter this argument?

(a) How many hands would the flogger use when administering the lashes?

(b) If the leading Dayan read the Pesukim, what were the tasks of the second and the third Dayanim, respectively?

(c) What does 'Mitzvah Letzamtzem' (based on the ruling of a Beraisa with regard to the reading of the Pesukim) mean?

(d) How do we reconcile this with our Mishnah 've'Chozer li'Techilas ha'Mikra'?

(a) "Pen Yosif" incorporates even a case where the flogger adds strokes to a total assessment that is less than the full quota of thirty-nine lashes. Why does the Torah add "Al Eileh"?

(b) Then why does the Torah write "Makah Rabah" in the first place?

(c) Our Mishnah already cited the Machlokes between the Chachamim and Rebbi Yehudah whether a man who wets himself is Patur from Malkos or not. The Beraisa repeats the Machlokes, but adds the opinion of Rebbi Meir, who is the strictest of all.
What does Rebbi Meir say?

(d) How does Rav Nachman bar Yitzchak reconcile Rebbi Yehudah in our Mishnah and in the Beraisa, with Rebbi Yehudah in a second Beraisa 'Echad ha'Ish ve'Echad ha'Ishah be'Re'i'?

(a) What does the Beraisa mean when it exempts the sinner from Malkos if he disgraced himself 'Bein ba'Rishonah, Bein bi'Sheniyah'?

(b) What does the Tana say in the equivalent two cases in a case where the strap broke?

(c) How do we reconcile this with Shmuel, who exempts him even if he escapes and runs out of Beis-Din after having been bound to the post?

(d) What does the Beraisa say about a case where Beis-Din assess that the sinner will disgrace himself ...

  1. ... after receiving lashes?
  2. ... after he has left the Beis-Din?
(e) How does the Tana extrapolate this from the Pasuk "Vehikahu Lefanav ... Veniklah Achicha le'Einecha"?
(a) Rebbi Chananyah ben Gamliel learns in our Mishnah that if someone who is Chayav Kareis receives Malkos, he is Patur from Kareis.
What is his source for this ruling?

(b) Based on the principle that 'Hashem's measure of good is stronger than His measure of punishment, what does the same Tana learn from the fact that a person who commits adultery is Chayav Kareis?

(c) Rebbi Shimon learns this from the Pasuk by Chayvei K'risus itself.
How does he interpret the Pasuk in Acharei-Mos (that follows "Venichresu ha'Nefashos ha'Osos") "Asher Ya'aseh Osam ha'Adam va'Chai Bahem"?

(a) And what does Rebbi Shimon bar Rebbi learn from the Pasuk in Re'ei "Rak Chazak Levilti Achol ha'Dam ... "?

(b) How far down the line will someone who abstains from sin feed his descendants with his merits?

(c) How does Rebbi Chananya ben Akashya interpret the Pasuk in Yeshayah "Hashem Chafetz Lema'an Tzidko Yagdil Torah ve'Yadir"?

Answers to questions



(a) According to Rebbi Chananyah ben Gamliel learned in our Mishnah, Chayvei Kerisus who receive Malkos are exempt from Kareis.
What does Rebbi Yochanan say about that?

(b) How does Rav Ada bar Ahavah Amri Bei Rav attempt to prove Rebbi Yochanan's statement from the Mishnah in Megilah 'Ein Bein Shabbos le'Yom ha'Kipurim Ela she'Zeh Zedono bi'Yedei Adam, ve'Zeh Zedono be'Hikares'?

(c) Rav Nachman refutes this proof by establishing the Mishnah like Rebbi Yitzchak (whom we cited earlier)? What does Rebbi Yitzchak say?

(d) Rav Ashi dismisses the proof even assuming the author is the Rabbanan. How does he interpret the statement 'she'Zeh Zedono bi'Yedei Adam ... '?

(e) Why can Rav Ashi not mean that the Chiyuv Kareis precedes the Chiyuv Malkos, and will remain intact unless the sinner receives Malkos?

(a) What problem does Rav Yosef have with Rav Ada bar Ahavah Amar Rav's ruling like Rebbi Chananyah ben Gamliel?

(b) Abaye counters Rav Yosef's objection however, with a statement of Rebbi Yehoshua ben Levi.
What did Rebbi Yehoshua ben Levi say about Mikra Megilah, She'eilas Shalom be'Shem and Ha'va'as Ma'aser? What do they have in common?

(c) So to what does Abaye attribute the Amora'im's knowledge in both cases?

(a) What does Rebbi Yehoshua ben Levi learn from the Pasuk in Esther "Kiymu ve'Kiblu ha'Yehudim"?

(b) 'She'ilas Shalom be'Shem' may refer to the concession to use Hashem's real Name when greeting someone.
What else might it mean?

(c) If Rebbi Yehoshua ben Levi learns this from the Pasuk in Rus "ve'Hinei Bo'az Bo mi'Beis-Lechem Vayomer la'Kotzrim Hashem Imachem", why does he also need to quote the Pasuk in Shoftim "Hashem Imcha Gibor he'Chayil"?

(d) And what does he learn from the Pasuk in Malachi "Havi'u es Kol ha'Ma'aser el Beis ha'Otzar ... " (see Ritva)? What did they used to do beforehand?

(a) How did Ezra, who instituted this Takanah, also penalize the Levi'im?
Why did he do that?

(b) In what way did he further extend the Takanah of Ma'asros (see Tosfos)?

(c) What does Rami bar Rav (or Rebbi Chiya Amar Rav) learn from the conclusion of the Pasuk in Malachi "Vaharikosi Lachem B'rachah ad B'li Dai"?

(a) Two of the Batei-Din listed by Rebbi Elazar in which Ru'ach ha'Kodesh appeared were those of Sheim and of Shmuel.
Whose was the third?

(b) In the Pasuk in Vayeishev, Yehudah declared "Tzadkah Mimeni" (admitting that Tamar was telling the truth, and that she was pregnant from him, and that, under the circumstances, she was not guilty of adultery).
How do we know that Tamar had not in fact, committed adultery with someone else too, and that it was not from him that she was now pregnant?

(c) What does 'Mimeni Yatz'a Kevushim' mean?

(d) Why did Hashem do that?

(a) How did Yisrael respond to Shmuel's challenge that he had never robbed or taken anything from any Jew?

(b) How do we know that, following Shmuel's request "Vayomer Eid Hashem ve'Eid Meshicho ... ", that "Vayomer Eid" refers to the Shechinah (and not to K'lal Yisrael, as it would seem)?

(c) In the court-case with Shlomoh Hamelech, where Shlomoh gave the baby to the mother who said not to kill the baby, from which Pasuk does Rebbi Elazar extrapolate that the mother did not say that just to impress Shlomoh (and not because she really meant it)?

(d) Rava disagrees with the above proofs.
How does he establish ...

  1. ... "Tzadkah Mimeni" as the words of Yehudah? How might Yehudah have known that he was the man from whom Tamar was pregnant?
  2. ... "Vayomer, Eid" as the words of Yisrael, even though it is written in the singular? What precedent do we have for this in Yeshayah"?
  3. ... "Hi Imo" as the words of Shlomoh? How would he have known for certain that the mother was not putting on a show?
(e) In that case, what is Rebbi Elazar's source (that the Shechinah appeared on those three occasions)?
Answers to questions

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