ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous dafShabbos 132
(a) Rebbi Elazar ben Azaryah, in a Beraisa, learns that life-danger (where
the *entire body* needs to be saved) over-rides Shabbos, by means of a 'Kal
va'Chomer' from Milah (where it is only *one limb* which needs to be
rectified). Now, if the source for Milah over-riding Shabbos was a
Halachah le'Moshe mi'Sinai (as Ula contends), then we could not learn
anything from it with a 'Kal va'Chomer'.
(b) Rebbi Akiva tried to learn that a Nazir needs to shave off all his hair
when he becomes Tamei through a Revi'is of blood of a corpse (which *is*
Metame be'Ohel) from a Tum'ah through a bone of a corpse (which is *not*) -
and which we learn 'Halachah le'Moshe mi'Sinai' causes the Nazir to shave
off all his hair.
(c) We cannot learn any other Limud from a 'Halachah le'Moshe mi'Sinai' -
because it is the written Torah which is subject to the thirteen principles
of Rebbi Yishmael, not the oral Torah.
(a) If we learned Milah with a Gezeirah Shavah from Shabbos from ...
1. ... "Os" "Os" - then (Machshirei) Tefilin too (by which the Torah also
writes "Os") should over-ride Shabbos.
(b) Rav Nachman bar Yitzchak learns that Milah over-rides Shabbos from the
combination of all three: from "Os, Bris and Doros".
2. ... "Bris" "Bris" - then even Milah *after* the eighth day (by which the
Torah also writes "Bris") ought to over-ride Shabbos.
3. ... "Doros" "Doros" - then even (Machshirei) Tzitzis too (by which the
Torah also writes "Doros") should over-ride Shabbos - And we have learned
by all three that they do not over-ride Shabbos.
(c) Rebbi Yochanan learns from "Ben Shemonas Yamim" - that Milah must be
performed by day and not by night.
(a) We learn from "be'Yom Tzavoso" that Korbanos may only be Shechted and
sacrificed by day, and not by night.
(b) We would not have known that Mechusrei Kaparah may only be brought by
day from "ba'Yom" - like other Korbanos, because we find a leniency by
them: the Torah accommodates a poor man, giving him a special dispensation
to bring a smaller sacrifice; so we would have said that, just as the Torah
is lenient with regard to the Korban of a poor Mechusar Kaparah, so too,
does the Torah permit him to bring his Korban by night. So we need the
Pasuk of "ba'Yom".
(c) Since the Torah reinstated the Korban of Mechusrei Kaparah into the
realm of other Korbanos, disqualifying them from being brought by night, it
also reinstates it is as regards a Zar or a Kohen who is an Onan, and they
remain forbidden to bring even the Korban of a Mechusar Kaparah.
(d) According to Rebbi Yochanan, in whose opinion Rebbi Eliezer needs
"ba'Yom" to teach us that Machshirei Milah override Shabbos, there is no
Pasuk for Milah over-riding Shabbos, which must therefore be 'a Halachah
(a) Rav Acha bar Ya'akov learns from "Ben *Shemonas* Yamim" that Milah is
not valid on the seventh day?
(b) Even Rav Acha bar Ya'akov agrees that we need the two Pesukim ("Ben
Shemonas Yamim" and "ba'Yom"), one to invalidate the seventh day, and the
other, the ninth. So how can he use "Shemini" to teach us that Milah
over-rides Shabbos. That is why the Gemara reverts to Rebbi Yochanan's
explanation, to learn it from "ba'Yom ha'Shemini".
(c) The Gemara initially thought that Milah over-rides Shabbos from a 'Kal
va'Chomer' - without any special Pasuk, because if Milah over-rides
Tzara'as, which over-rides the Avodah, which over-rides Shabbos, then it
should certainly over-ride Shabbos, which the Avodah over-rides!
(d) The Gemara asks on this Kal va'Chomer: who says that Tzara'as is more
stringent than Shabbos, perhaps Shabbos, which has many punishments
(Sekilah, Kares, a Chatas, and Malkus), and warnings (the Torah warns many
times about Shabbos) is more stringent than Tzara'as. And the reason that
Tzara'as over-rides Avodah is not because it is the more stringent of the
two, but because, even if he would cut off the Tzara'as, he would still not
be able to do the Avodah, before the nightfall after he Toveled.
(a) Both Milah that is performed on the eighth-day and one that is
performed afterwards over-ride Tzara'as, whereas it is only an eighth-day
Milah that over-rides Yom-Tov, not one that is performed later.
(b) The La'av for cutting away Tzara'as is "Hishamer be'Nega ha'Tzara'as"
(a) The Tana initially assumed that, even without "Basar", Milah would
over-ride Tzara'as - because, if Milah over-rides Shabbos, now much more so
Tzara'as (this conforms with the opinion quoted above in 4d).
(b) The Gemara retracted from this contention, because of the possibility
that in fact, Tzara'as is more stringent than Shabbos (like we learnt
above, in 4c.)
(c) The Gemara retracts from the contention that the Asei of Milah
over-rides the Lo Sa'aseh of Tzara'as, because of the principle 'Asei
Docheh Lo Sa'aseh' - because that principle applies to an Asei over-riding
a Lo Sa'aseh only, but Tzara'as is not just a Lo Sa'aseh, but a Lo Sa'aseh
and an Asei ("Hishamer" and "La'asos ke'Chol Asher Yoru Eschem
ha'Kohanim"), and it is obvious that a Lo Sa'aseh plus an Asei cannot be
negated by an Asei.
(a) A Benoni - is a child who is between the ages of more than eight days
and thirteen years (a Milah she'Lo bi'Zemano who is not yet Chayav Kares.
(b) Rava learns Milah bi'Zemano from a Kal va'Chomer: If it over-rides the
strict Shabbos, then it will certainly over-ride the more lenient Tzara'as
(c) According to Abaye, we learn a Benoni from a combination (Tzad
ha'Shaveh) of Gadol and Milah bi'Zemanah.
(d) We could not have learned it from either of the two: not from the
Milah of a Gadol, because he is Chayav Kares (whereas a father is not
Chayav for failing to circumcise his son); and not from Milah bi'Zemanah,
because it over-rides Shabbos (which Milah she'Lo bi'Zemano is not).
(a) Who says that Tzara'as over-rides the Avodah because it is more
stringent, perhaps it is because, even if one were to cut off the Tzara'as,
he would not be fit to perform the Avodah until the next day (because he
requires Ha'arev Shemesh - like we said above in 4d.).
(b) This would be acceptable, argues Rav Safra, if the prohibition of
cutting off Tzara'as was confined to Nega'im Temei'im, which then require
Tevilah and Ha'arev Shemesh. But how will Rava explain his contention in
the case of Tzara'as Tehorah, which is included in the prohibition of
"Hishamer", but does not require Tevilah?
(c) Rav Ashi agrees with Rava in principle - that Shabbos is more stringent
than Tzara'as. The reason however, that Tzara'as over-rides Avodah, is not
because it is more stringent, but because an Asei only over-rides a Lo
Sa'aseh when the fulfillment of the Asei is simultaneous with the
transgression of the La'av, but not when one transgression precedes it -
and here, he transgresses the La'av of "Hishamer", without actually
fulfilling the Asei until later.
(a) Rebbi Yonasan says 'Eino Tzarich; Shabbos Chamurah Docheh, Tzara'as Lo
(b) Rav Safra, in whose opinion Tzara'as is more stringent than Shabbos,
follows the opinion of Rebbi Yashiyah (who requires the Pasuk of Basar to
teach us that Milah over-rides Tzara'as). Rava, who learns this from a Kal
va'Chomer from Milah Docheh Shabbos, follows the opinion of Rebbi Yonasan.