THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
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1) MAY A WOMAN OFFER KORBANOS ON A "BAMAH"
OPINIONS: The Gemara quotes the verse which teaches that a Zar (non-Kohen)
is permitted to offer a Korban on a Bamas Yachid, a private Bamah (when
Bamos are permitted). The verse says, "And the Kohen will sprinkle the blood
on the Mizbe'ach of Hashem [at the opening of the Ohel Mo'ed]" (Vayikra
17:6), which implies that only a Korban offered on the Mizbe'ach of Hashem
at the opening of the Ohel Mo'ed requires a Kohen, as opposed to a Korban
offered on a Bamah. RASHI (DH Zar) adds that the Toras Kohanim explicitly
states that even an Eved may offer a Korban on a Bamah. Does this also imply
that a woman may offer a Korban on a Bamah?
(a) The Yerushalmi in Megilah (1:11) quotes a Beraisa that states that both
men and women may offer Korbanos on a Bamah. This is also stated clearly by
the Tosefta in Zevachim (13:8). The Tosefta says, "A person may make a Bamah
at the opening of his yard and at the opening of his garden, and he may
offer upon it [Korbanos;] also his son, daughter, servant, and maidservant."
(See CHAZON YECHEZKEL there, who says that the Halachah in the Tosefta
applies only when the Bamah is built in the person's yard or garden, as the
Tosefta mentions. This also seems to be the intention of our Gemara earlier
(117a) that says that a person builds a Bamah "on the top of his roof.") The
MISHNEH L'MELECH (Hilchos Korban Pesach, end of 1:3) cites this opinion in
the name of the MAHARIMAT based on TOSFOS in Kidushin (36a). The OR SAME'ACH
(Hilchos Chagigah 1:1) mentions as a matter of fact that women may offer
Korbanos on Bamos.
(b) However, the Yerushalmi quotes Rebbi Yochanan who says that the
Beraisa's text should read that only a man may offer a Korban on a Bamah.
The PENEI MOSHE and KORBAN HA'EDAH explain that Rebbi Yochanan maintains
that a woman may not offer a Korban on a Bamah. His source for this is the
verse cited by our Gemara earlier, "Each man, all that is correct in his
eyes" (Devarim 12:8). This implies that the Torah admonishes men not to
offer Korbanos on Bamos when doing so would be a forbidden practice. The
Torah does not admonish *women* in such a manner, because they never were
allowed to offer Korbanos on a Bamah at any time.
The KEREN ORAH (117a) argues that this is probably not Rebbi Yochanan's
intention. Although he proposes that Rebbi Yochanan also might exclude women
from the verse in Devarim, he does not understand why women should be any
different than Nochrim, who are permitted to offer Korbanos on a Bamah.
Additionally, the Tosefta states unequivocally that woman may offer Korbanos
on a Bamah. He suggests that Rebbi Yochanan in the Yerushalmi in Megilah is
being *more lenient* for women. The Beraisa states that both men and women
may offer their Korbanos on a Bamah, meaning that they may bring only
Korbanos of Nedarim and Nedavos on a Bamah, but not their obligatory
Korbanos (Chovos). Rebbi Yochanan argues that the Beraisa does not say this
with regard to women, meaning that women may offer even their Chovos on a
Bamah. This is because Rebbi Yochanan learns the same type of Gezeiras
ha'Kasuv from the verse in Devarim, but in reverse. The Gemara earlier
(117b) derives from this verse that only "Yesharos" (Nedarim and Nedavos)
may be offered, as opposed to Chovos. Since this verse applies only to an
"Ish" (man), Rebbi Yochanan argues that the Beraisa is not limiting a woman
to only Nedarim and Nedavos, since the Torah never said that she may not
bring Chovos. (Y. Montrose)
2) EATING "KODSHIM KALIM B'CHOL HA'RO'EH" DURING THE TIME OF SHILO
OPINIONS: The Mishnah states that during the time when the Mishkan stood in
Shilo, it was permitted to eat Kodshim Kalim even outside of Shilo, as long
as one could see Shilo from where he was eating the Kodshim. The Gemara
lists a number of opinions concerning the source for this Halachah. The
exact manner in which each opinion derives this Halachah, however, is not
clear. How does each opinion derive from the verse that it is permitted to
eat Kodshim Kalim within view of Shilo?
(a) Rebbi Oshiya (118a) says that we know this from the verse, "Guard
yourself lest you offer your Olos in any place that you see" (Devarim
12:13). This shows us that one may not offer Korbanos in any place from
which he can see the Mishkan, but he *may* eat the Korbanos in such a place.
The Gemara asks that perhaps the verse means that although one may not offer
Korbanos in places from which one can see the Mishkan, one may perform the
Shechitah in such a place. The Gemara answers that this is learned from a
different verse -- "But only in the place which Hashem shall choose... there
you shall offer your burnt offerings, and there you shall do [all that I
command you]" (Devarim 12:14), which compares offering with slaughtering,
teaching that just as the offering of a Korban may not be done in a certain
place, so, too, the slaughtering of a Korban may not be performed in that
(b) Rebbi Avdimi says that we learn this from the verse, "And the border
spread east until Ta'anas Shilo" (Yehoshua 16:6, see RASHI DH v'Lo). The
MAHARSHA explains that Rebbi Avdimi understands that the word "Ta'anas" is
extra, since we never find that Shilo is called "Ta'anas." Rebbi Avdimi
explains that the name "Ta'anas Shilo" refers to the fact that it was a
place where one could easily see Shilo, and it would remind people of the
fact that they could no longer eat Korbanos in Shilo. This is why it was
called "Ta'anas," meaning the place of "groaning" because of the loss of
Shilo (see Rashi DH Ta'anas).
(c) Rebbi Avahu learns this from the verse, "Ben Poras Yosef, Ben Poras Alei
Ayin" (Bereishis 49:22; see Rashi on the verse). The verse is telling us
that Yosef, who did not want to derive pleasure from something that was not
his (i.e. the wife of Potifar), should merit to have Kodshim eaten as far as
one can see Shilo. Rashi (DH Ben Poras) explains that Shilo was in the
portion of Yosef, and through his merit the Jewish people were able to eat
Kodshim Kalim during the time of the Mishkan in Shilo at any place from
which they could see Shilo.
The Maharsha comments that Rebbi Avahu's teaching is based primarily on the
second part of the verse, "Benos Tzu'adah Alei Shur." He explains that Rebbi
Avahu reads the last words of the first verse, "Alei Ayin," together with
the last part of this verse. He understands that because of his "Alei Ayin,"
referring to Yosef's act of removing his eye from gazing at the wife of
Potifar, he merited that "Benos," referring to the other Shevatim,
"Tzu'adah" -- were "able to walk" with their Kodshim Kalim, "Alei Shur" --
as far as they could see the Mishkan ("Shur" refers to sight, as in Bamidbar
24:17). The Midrash (Bamidbar Rabah 14:7) explicitly states that this
Halachah is derived from the words "Alei Shur," which the CHIDUSHEI
HA'RASHASH on the Midrash translates like the Maharsha (unlike the YEDEI
MOSHE there, who understands that "Shur" means wall, meaning that Korbanos
could be eaten outside of the wall of Shilo).
(d) Rebbi Yosi b'Rebbi Chanina says that this is derived from the verse
"u'Retzon Shochni Seneh" -- "and appeasement dwelling in the bush" (Devarim
33:16). The verse is telling us that Yosef, who did not want to derive
pleasure from something that was not his (i.e. the wife of Potifar), merits
to eat among those who hated him. How does this teach us that during the
time of the Mishkan in Shilo, it is permitted to eat Kodshim Kalim as long
as one could see Shilo?
Rashi (DH u'Retzon and DH Bein) explains the verse according to Rebbi Yosi
as follows. Through his "Ratzon," Yosef's desire not to derive pleasure from
something that was not his, Yosef merited to have the Kodshim eaten during
Shilo (which was in his part of Eretz Yisrael) be eaten even among those who
hated him (the areas of the other tribes). It seems that Rashi derives the
idea of "those who hated him" from the language of "Seneh," which is similar
to the word "Sin'ah," hatred (see Shabbos 89b). However, the role of the
word "Shochni" is unclear. The YAD BINYAMIN suggests that "Shochni Seneh"
means that the Korbanos could be eaten in the *dwellings* of those who hated
The Maharsha explains that each word refers to a different concept,
splitting up the words "Shochni" and "Seneh." He explains that through
Yosef's Ratzon (as stated above), he merited that the Korbanos of "Shochni,"
meaning the Mishkan which dwelled in his portion of Eretz Yisrael, were even
able to be eaten in the territory of those who previously hated him
The EIZEHU MEKOMAN has difficulty with the last three teachings. He asks
that none of them seem to have any relevance to the topic of Bamos, and they
might easily refer to other things. He suggests that the last three Amora'im
agree that the main reference to this Halachah is the first teaching of
Rebbi Oshiya. These Amora'im are merely revealing other places where a
further proof to this concept could be understood from the words of the
verses. (Y. Montrose)