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Menachos 109

MENACHOS 109-110 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the fourth Yahrzeit of her father, Reb Mordechai ben Eliezer Zvi (Weiner), who passed away 18 Teves 5760. May the merit of supporting and advancing Talmud study during the week of his Yahrzeit serve as an Iluy for his Neshamah.

1) [line 1] LICHZEI (HEIDAN) [HAI] NAFAL; (HEIDAN) [HAI] MES - we should investigate to find out which one (i.e. which room) collapsed; which one (i.e. which slave) died (If we are to be consistent with the ruling of the previous Amud, that "Bayis b'Veisi" means "Me'uleh sheb'Batim," "the choice room of his house," then the seller can only show the buyer that the room that belongs to him collapsed if the choice room of the house collapsed. Similarly, the most valuable slave should belong to the buyer when the seller specified "Eved sheb'Avadai," and our investigation to determine which slave died should dictate whether the buyer lost his money or not.)

2) [line 1] LOKE'ACH KA AMART? - Are you asking about a buyer?

3) [line 2] SHANI LOKE'ACH, D'YAD BA'AL HA'SHTAR AL HA'TACHTONAH - [the case of] a buyer is different, since the bearer of a document has the lower hand (and we rule that the seller has sold the object with the lesser value of the two possibilities) (YAD BA'AL HA'SHTAR AL HA'TACHTONAH)
Yad Ba'al ha'Shtar Al ha'Tachtonah means that the bearer of the Shtar has the lower hand (and may collect only the smaller amount). This is because of the principle, "ha'Motzi me'Chaveiro Alav ha'Re'ayah" - the general rule in monetary claims is that the burden of proof rests with the one who wishes to extract payment or other items of value from the other person. Hence, in the case of the seller and buyer, the buyer -- who is the one holding the Shtar Mecher (deed of sale) -- gets the object of less valuable, even though the seller specified "Bayis b'Veisi" or "Eved sheb'Avadai," until he can prove that the seller meant to sell him the more valuable object.

4) [line 3] HASHTA D'ASIS L'HACHI - now that you have come to this,

5) [line 6] BEIS CHONYO
(a) Beis Chonyo is the Temple of Chonyo in Alexandria, built by Chonyo, the son of Shimon ha'Tzadik. The Gemara (Menachos 109b) brings two versions of the story. According to Rebbi Meir, even though Chonyo was chosen by Shimon ha'Tzadik to be the next Kohen Gadol, his older brother, Shimi, engineered a plot of defamation against him that so insulted the Kohanim that they wanted to kill Chonyo. He escaped to Alexandria, where he built a replica of the Beis ha'Mikdash, offering Korbanos to Avodah Zarah.
(b) According to Rebbi Yehudah, it was Chonyo who at first did not want to accept the position of Kohen Gadol, since Shimi was his older brother. However, he engineered a plan to defame Shimi that so insulted the Kohanim that they wanted to kill Shimi. When Chonyo informed them of the plan, they wanted to kill Chonyo. He escaped to Alexandria, where he built a replica of the Beis ha'Mikdash, offering Korbanos to HaSh-m.

(a) The Torah obligates a person to bring all Kodshim that are fit to be offered as sacrifices to the Beis ha'Mikdash, as it states in Vayikra 17:1-7. Besides the Mitzvas Aseh, there is a Lav prohibiting slaughtering them outside of the Azarah ("Shechutei Chutz") and burning them or parts of them outside of the Azarah ("Ha'ala'as Chutz"). In addition, the Tana'im learn (Sanhedrin 34b) that casting the blood of a sacrifice outside of the Azarah is also prohibited. The punishment for transgressing these prohibitions is Kares (ibid. 17:9; SEFER HA'CHINUCH Mitzvah #186), and the animal remains Asur b'Hana'ah (i.e. it is prohibited to derive any benefit from it).
(b) The Mishnah follows the opinion that Beis Chonyo was not Avodah Zarah, and one who offers a Korban there only transgresses the prohibitions of Shechutei Chutz and Ha'alas Chutz.

(a) If a person makes a vow to become a Nazir without stipulating a time period, his or her Nezirus lasts for a period of thirty days. If the person stipulates a time period (longer than thirty days), his or her Nezirus lasts for whatever amount of time he stipulated, as long as it is. During this period, the Nazir is not allowed to 1. cut his hair; 2. become Tamei by touching or being in the same room as a corpse; or 3. consume any products of the grapevine (Bamidbar 6:1-21, SEFER HA'CHINUCH #377). Transgressing any one of these prohibitions makes the Nazir liable to Malkus, as long as he was warned beforehand.
(b) When a Nazir completes his period of Nezirus, he must offer three sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram as a Shelamim. Together with the Shelamim he brings 6 and 2/3 Esronos of Soles (fine flour), which are made into 20 loaves of Matzah, 10 Chalos (unleavened loaves) and 10 Rekikin (flat Matzos). One Revi'is of olive oil is used to make the Matzos, half of it for the Chalos and half of it for the Rekikin. He then shaves off his hair and burns it under the pot in which the Zero'a (right hind leg) of the Shelamim is cooked (Bamidbar 6:18). (Sefer ha'Chinuch #377)

8) [line 12] YATZA?! HA MIKTAL KATLAH! - [the Mishnah rules that the person who states, "Harei Alai Olah she'Akrivenu b'Veis Chonyo," - "I obligate myself to offer a Korban Olah that I will sacrifice in Beis Chonyo," and he does offer it in Beis Chonyo, has fulfilled his obligation. At this ruling, the Gemara challenges,] he has fulfilled his obligation?! [How could that be? By stating initially, "Harei Alai Olah," he has obligated himself in a Korban Olah. When he offers it in Beis Chonyo, it is considered Shechutei Chutz, and it is considered as if] he killed the animal!

9) [line 14] AL MENAS SHE'LO ISCHAYEIV B'ACHRAYUSAH - with the stipulation that I will not become obligated in Achrayus (insurance, one who accepts upon himself when he sets aside an animal with which to fulfill his pledge, that if the animal gets lost or dies, he must bring another in its place). Saying that he will offer a sacrifice in Beis Chonyo is tantamount to saying that he plans to kill the animal; he is not obligated to offer any sacrifice. However, he is still Chayav Kares for Shechitas Chutz if he sacrifices it in Beis Chonyo, since he called the animal an Olah (RASHI).

10) [line 19] NAZIR, KAMAH D'LO MAISI KORBENOSAV, LO MISKASHER - a Nazir, as long as he does not offer his sacrifices, will never become fit [to drink wine and come into contact with dead bodies] (see above, entry #7)

11) [line 20] DORON - a present (and the person does not become obligated to bring a Korban Olah)

12a) [line 21] IY SAGYA B'VEIS CHONYO, TARACHNA - [the person, who resides in Chutz la'Aretz closer to Beis Chonyo than to Yerushalayim, states that] if it is enough to bring my animal as an offering in Beis Chonyo, I will make the effort
b) [line 21] TEFEI LO MATZINA ITZTA'UREI - more than that I am not able to tolerate

13) [line 23] L'TZE'UREI NAFSHEI KA MICHAVEIN - only has intentions to afflict himself (and not to become an actual Nazir)

14) [line 28] V'HIKRIVAH B'ERETZ YISRAEL - and he sacrificed it in Eretz Yisrael (i.e. and not in the Beis ha'Mikdash in Yerushalayim, since saying that he will offer a sacrifice in Beis Chonyo does not obligated him to offer any sacrifice -- RASHI)

15) [line 30] BA'MIDBAR - in the desert (he assumes that the Kedushah of the Mishkan remains)

16) [line 30] EVER HA'YARDEN - the east bank of the Yarden River
17) [line 31] V'EIN TZARICH LOMAR L'DAVAR ACHER - and it goes without saying that if the Kohanim served as priests for Avodah Zarah, [that they may no longer serve in the Beis ha'Mikdash]

18) [line 33] BA'ALEI MUMIN - Kohanim who have blemishes that render them unfit to serve in the Beis ha'Mikdash
While a Kohen who is a Ba'al Mum (see Background to Menachos 98:20) may not perform the Avodah and offer the Korbanos, if he is Tahor he may receive a portion of and eat Kodshim.

19) [line 37] SHECHITAH LAV SHEIRUS HU - slaughtering is not considered a Divine rite
(a) The offering of a Korban is comprised of four main actions. These four "Avodos" are Shechitah (slaughtering), Kabalas ha'Dam (collecting the blood of the Korban that will be cast on the Mizbe'ach), Holachah (carrying the blood towards the Mizbe'ach) and Zerikah (casting the blood on the outer
(b) The Kohanim are required to perform the Avodos beginning with the Avodah of Kabalas ha'Dam. Even a non-Kohen may perform the Shechitah, and as such it is not considered Sheirus, a Divine rite.

20) [line 44] V'RAV SHESHES AMAR LACH, L'OLAM BI'SHECHITAH; UVE'MEZID LO, [D']NA'ASEH (MESHARES) [KOMER] LA'AVODAS KOCHAVIM - and Rav Sheshes maintains that the Beraisa refers to Shechitah [b'Shogeg]; but when he performs Shechitah b'Mezid, no (he may not offer his own Korban, since he is invalidated), since he has become a Komer (priest; we must avoid the word "Meshares," "Divine servant," since Shechitah is not considered "Sheirus") to Avodah Zarah (the Girsa changes are from the SHITAH MEKUBETZES DH uve'Mezid)


21) [line 1] MESHARES - (according to the SHITAH MEKUBETZES cited in the previous entry, this word should also be "Komer" -- YT)

22) [line 7] SHAV ME'IKARO - (lit. he has repented from the beginning) i.e. he never sinned b'Mezid; his action was *only* Shogeg

23) [line 9] HISHTACHAVAH - to bow down
24) [line 11] HODEH LA'AVODAS KOCHAVIM - he acknowledges Avodah Zarah, saying, "You are my god"

25) [line 26] LEVANIM - white clothes
26) [line 27] SHECHORIM - black clothes

The Kohanim are required to bless the people with the three-fold blessing, as described in Bamidbar 6:22-27. (The Gemara (Menachos 44a) refers to the three verses as three separate Mitzvos Aseh.) In the Beis ha'Mikdash the blessing was said with the Shem ha'Meforash (the Tetragrammaton). According to Tosfos to Sotah 38a DH Harei Hu Omer, this is only true when there is Giluy Shechinah in the Beis ha'Mikdash. Since there was no Giluy Shechinah after the passing of Shimon ha'Tzadik, the Kohanim stopping saying Birkas Kohanim with the Shem ha'Meforash.

28) [line 30] UNKELI - a light leather garment usually worn in the house
29) [line 31] TZILTZUL - (O.F. bendel) a thin belt that is not wider than three strands of Shesi (warp) threads

30) [line 32] L'OHAVO - (lit. to his beloved) to his wife

31a) [line 35] SHE'LO YARAD LAH - (lit. who did not go down to it) who did not take the position of Kohen Gadol [and yet he became jealous of his brother and caused the building of the temple of Beis Chonyo -- RABEINU GERSHOM]
b) [line 36] HA'YORED LAH AL ACHAS KAMAH V'KAMAH - one who does take a position of honor, such as the Kehunah Gedolah, [should not be demoted from that position] for he will all the more so come to be jealous and cause ruin to Kelal Yisrael (RABEINU GERSHOM)

32) [line 47] KUMKUM SHEL CHAMIN - a pot of boiling water (this term is more serious than "Kofso v'Nosno Lifnei ha'Ari," "tie him up and place him in front of a hungry lion," since in this phrase he describes killing directly, rather than in an indirect fashion)

33) [line 49] BENEI MELACHIM - [Egyptian] princes
34) [last line] SEFAS KENA'AN - the language of [the Jews who live in Eretz] Kena'an, i.e. Hebrew

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