Sh’vuos 16 - Story on the Daf - Walled City

The Gemora states that the terms Mishkan and Mikdash are interchangeable. One must wonder if the terms are interchangeable, why Scripture would not just employ one term, either always using the term Mishkan or always using the term Mikdash. An answer to this puzzle can be found with a story that occurred many years ago.

Rabbi Stein, an executive director of a well-known Yeshiva, rand the doorbell one evening at the Miller’s home. Mr. Miller invited Rabbi Stein inside to partake of supper with Mr. Miller’s family. Rabbi Stein began apologizing for interrupting the family, when Mr. Miller said, “Please, I am certain you are here for an important reason. How can I be of help to you?”

Rabbi Stein explained that the yeshiva was in desperate need of funds, so Mr. Miller sent his son to bring his checkbook. After writing out a very generous check to the Yeshiva and handing it to Rabbi Stein, Rabbi Stein thanked Mr. Miller and rose to leave. “I would like to apologize again for coming at such an inconvenient time,” Rabbi Stein said. “The opposite is true,” declared Mr. Miller. “Let me share with you something.

Reb Yitzchak Hutner of Yeshivas Chaim Berlin calls me from time to time asking for financial assistance for his Yeshiva. When Rav Hutner once called me while I was eating supper, I told Rav Hutner the following: I am very organized in my method of giving tzedakah. I set aside ten percent of my income and I distribute the funds systematically. I would probably give the Rosh HaYeshiva a donation even without the Rosh HaYeshiva calling me, but I actually appreciate the call. I would never interrupt my supper to pay a utility bill, but I will interrupt my supper to give tzedakah, because I feel that this is something that is every important for my children to witness. Rabi Stein, I must thank you too for ringing my doorbell as we were about to commence our supper. You could not have arrived at a better time.”

This story teaches us that there is a Mikdash, a shul, a yeshiva, or any worthy Jewish organization, but there is also a Mishkan, from the generosity and beauty of performing the mitzvah of tzedakah, that allows the Divine Presence to reside in the homes of those who support the Torah.

Sent out of a Walled City

The Gemora mentions that there is a special sanctity regarding cities in Eretz Yisroel that were surrounded by a wall in the times of Yehoshua. Rashi writes some of these halachos: One who sells a house inside a walled city has one year to redeem the house, but if he chooses not to redeem the house, it becomes the property of the buyer permanently; sending a metzora outside the city; and that the open space (1,000 cubits) surrounding the city should be left uncultivated.

Why does a Metzora need to leave a city that is surrounded by a wall, but may otherwise remain in all other cities–as long as they are unwalled?  The Be’er Yosef provides a fascinating p’shat based on the Chazal in Erachin (15b) which states that Hashem provided for the tongue two protections — two walls: one of flesh–the lips, and one of bone–the teeth.  A metzora breached his very own walls of protection by speaking lashon hora; he cannot therefore remain in a city protected by a wall!

Hakhel Note:  An average city has only one wall–yet Hashem in his benevolence gives us a truly enhanced fortification–a dual safeguard!  How can a person be so imprudent, so unwise, so as to take down not only one wall made for his own protection–but two!  We will add one other point, as well.  One of the most famous Metzora scenes in Tanach is that of Gechazi and his sons outside the city of Shomron (the Haftorah for Parshas Metzora)–perhaps a lesson to us that the sin of Lashon Hora is easily spread within or among a family(Miriam and Aharon speaking regarding Moshe Rabbeinu provides a similar lesson)–and this may be why it is easier to succeed at taking down the ‘double wall’–it is an unfortunate and misguided team effort, and one family member encourages the next in what to the casual observer may otherwise be described as a self-defeating struggle.  If one sees a weakness in his family–or in a particular family member (even if that family member is himself) — he should bolster the fortifications–so that the security of the entire family is not breached–and the lips and tongue can take their noble places in protecting home, life and family!

Gezeirah Shavah and Poetry - Shevuos Daf 7

Gezeirah shavah

Rava praises Rebbe for his connection of olah v’yored with the prohibition on an impure person eating kodesh, by a gezeirah shavah – a common phrase, since behemah temai’ah – non kosher animal is used in both sections. Tosfos Harosh (7a Doleh) asks why this is so praiseworthy, as one can only use such the textual device of gezeirah shavah if he learned it from his teacher. Therefore, Rebbe must have learned this from his teacher, and showed no innovation. Tosfos Harosh answers that all that one learns from his teacher is the common phrase of the gezeirah shavah, but it is up to the student to know which phrases to use, and what to learn. It is Rebbi’s application of the gezeirah shavah which Rava praised.

Rhymes Purer Than Gold

By: Meoros HaDaf HaYomi

The Chasam Sofer revered his mentor – “the great eagle,” Rabbi Nasan Adler zt”l. We see his admiration in a poem he composed in his honor, whose beginning copies the style of our sugya, in which Rava praises Rebbe. The interesting rhymes are written in a style now unknown.

He draws water from deep wells

From him they built eternal ruins; he establishes the institutions of each generation.

His words raise those who falter and are sweeter than honey and mead.

The master’s mouth emits flashes of fire, desirable more than refined gold.

The great Kohen – we shall seek Torah, judgment and rulings from him.

He is the teacher who quenches the thirst of the parched, like flowing water-brooks.

The light of Israel, the strong hammer, cast solid as lustrous bronze,

Nasan the Kohen, a tzadik above chasidim and tzadikim.

He is the great eagle who hovers over his nestlings, his veteran students.

Wings of a dove coated in silver and its wings are like brilliant green-gold

And I am among the young, not from the seasoned,

But from the fragile kids (Responsa Chasam Sofer, Y.D. 167).

http://www.daf-yomi.org/

The Chosen City - Makkos Daf 19

Subscribe to the Daily Daf email here -  http://www.daf-yomi.org

The Gemora analyzes Rabbi Yishmael’s opinion: If he maintains that the initial sanctity of the Beis HaMikdash was sanctified for its time and for all future time, then it should even be permitted for a bechor to be brought as a sacrifice and be eaten in Yerushalayim? And if he holds that the initial sanctity of the Beis HaMikdash was sanctified for its time but not for all future time (and therefore nowadays there is no sanctity), then his inquiry (regarding ma’aser sheini) should have been relevant to a bechor as well (if a bechor was slaughtered while the Beis HaMikdash was in existence, and then it was destroyed, may it be eaten in Yerushalayim)? [Why was the halachah of bechor obvious to Rabbi Yishmael, but not the halachah regarding ma’aser sheini?]

Ravina answers: In truth, Rabbi Yishmael holds that the initial sanctity of the Beis HaMikdash was sanctified for its time but not for all future time, and here the reference is to the following case: The blood from a bechor was sprinkled before the destruction of the Beis HaMikdash, and then it was destroyed, and the meat was still present (and ready to be eaten). Rabbi Yishmael compares the meat of the bechor to its blood: when the blood may be sprinkled on the Altar, the meat may be eaten as well (but since now there is no Altar and the blood cannot be sprinkled, the meat may not be eaten either). And then he compares ma’aser sheini to bechor.

Tosfos (in Megillah 10a) cites the opinion of Rabbeinu Chaim that even if one maintains that the initial sanctification of the Beis HaMikdash was not for all time and it would be forbidden to offer sacrifices on the site of the Temple Altar, one is nonetheless prohibited from offering a sacrifice on a private altar.

Rashi disagrees and holds that if the sanctity of the Beis HaMikdash ceased by its destruction, it would be permitted to offer sacrifices on a private altar nowadays.

The commentators ask on Rabbeinu Chaim: If the sanctity ceased after the destruction, why would it be forbidden to offer sacrifices on a private altar? After the destruction of Shiloh, bamos became permitted, so why not after the destruction of the Beis HaMikdash?

Minchas Chinuch (254:7) writes that although Yerushalayim has lost its sanctity in regards to offering sacrifices and eating kodoshim, the city remains the “chosen place” and the third Beis HaMikdash will be built there. This is why private altars are still forbidden. This is the distinction between Shiloh and Yerushalayim. Shiloh was not the chosen city and when the Tabernacle was destroyed, there was no vestige of sanctity left in the city and bamos became permitted. Minchas Chinuch states that this is the explanation as to why we are still subject to a prohibition of fearing the Mikdash nowadays, since it is still the chosen place although it has not retained its sanctity.

Atonement of an Olah - Makkos 17

Subscribe to the Daily Daf Yomi Summary http://www.daf-yomi.org

Rabbi Yosi HaGelili (Yoma 36) states that a korban olah is brought for the sin of not giving the poor people from your grain, which one is obligated to do. Rabbi Akiva disagrees and holds that a korban olah is brought to atone for transgressing a positive commandment. Chazal say that an olah is a doron - a present to Hashem. The Seforim say that an olah shows a tremendous amount of love between the person and Hashem. The Ramban writes that when one brings a chatas or an asham, he should feel as if he is bringing himself as a sacrifice, for in truth, that is what he deserves. By an olah, it is as if he is giving himself to Hashem out of love.

How do we reconcile an olah being a present and a sign of love with the fact that Chazal say it is brought for transgressing certain sins?

The Aruch L’neir (Makkos 17b) explains the Ritva. The Gemora contrasts a chatas and asham that is coming for atonement and an olah is not. The Ritva asks from the Gemora in Yoma and Zevachim that it does provide forgiveness for some sins, and he answers that when one brings an olah as a donation, it atones for those sins.

Reb Chaim HaQoton elaborates: Rashi, quoting the Midrash, explains that an olah sacrifice is an atonement for one who violates a positive commandment or for one who violates a negative commandment and fails to perform the positive commandment that is supposed to rectify the negative commandment. Rashi explains, in a point further explained by Nachmanides and Rabbi Yaakov Ettlinger, that one is never obligated to bring a olah as an atonement, rather, if one does, he attains his atonement.

Tosfos write that after bringing an olah one’s atonement is “floating. Rabbi Meir Lublin explains that the Tosafists mean that an olah offering only atones for lenient sins, not for the more strict and severe sins.

Rabbi Shlomo Luria explains that the atonement is “floating” inasmuch as the atonement does not occur automatically when one offers an olah sacrifice, rather one must first perform teshuvah (repentance) and return to God before the offering of the sacrifice will complete its powers of atonement.

His words echo that of Rabbi Yaakov ben Asher who explains that the olah only serves as atonement for failing to perform a positive commandment or violating a negative commandment which is to be repaired by a positive commandment, if one repents from one’s sin.

Other Tosafists write that the olah offers an atonement for one who sinned and never knew of his sin. According to this explanation, obviously one cannot be obligate to being an olah for such a sin, because if he never knew about his sin, how can he be obliged to offer a sacrifice to atone for it? Rather, if one brought an olah offering, then it atones for sins unbeknown to him, but if he did not bring one, he is not required to do so. Another Midrash says that an olah is an atonement for one who thinks about sinning and thus has sinned with his intellect, not for one who violates a positive commandment.

Eidim and Hasra’ah - Makkos Vav

Subscribe to the Daily Daf Yomi Summary www.daf-yomi.org

The Purpose of Hasra’ah

By: Rabbi Avi Lebowitz

The Gemora cites various verses as the source for the requirement of hasra’ah (warning).

The Maharatz Chayus points out that there are two sources for hasra’ah. The first is a sevara, - this serves to make sure that the person is aware of the severity and consequences of his actions. Included in the hasra’ah is both the education of the halachah, and the awareness of the action that he is about to do. The second source is the verses that the Gemora quotes which serve as a gezeiras hakasuv, whether they apply or not, that no punishment can be carried out unless there is a warning.

The Maharatz Chayus deduces this from Tosfos who is bothered why the Gemora has to find a source for hasra’ah, to which they answer that it is needed for a non-chaver (someone who isn’t educated in the laws). It is obvious from logic that he requires hasra’ah, because otherwise, he would have no idea whether the action that he is doing is prohibited by the Torah, but, a chaver, who is well educated, knows very well what he is doing and understands the consequences. He shouldn’t require hasra’ah if not for the fact that the Torah would demand it as a gezeiras hakasuv. The verses are the rationale for requiring the details of hasra’ah, such as killing him within the time of an utterance (and perhaps having to accept the hasra’ah).

Based on this, he points out that Tosfos, who asks regarding the source for hasra’ah by an ir hanidachas (subverted town), is difficult. Who says that ir hanidachas has the gezeiras hakasuv requirement of hasra’ah that would involve the details? Perhaps it would only have the sevara aspect of hasra’ah to differentiate between unintentional and deliberate, so that no source is necessary. Clearly, Tosfos assumes that the type of hasra’ah necessary by ir hanidachas is the gezeiras hakasuv type - with all the details, and not just the determination that he was aware of the consequences of his actions.

The Rambam, however, doesn’t seem to follow this same approach. The Gemora 8b and 41a quote Rabbi Yosi bar Yehudah, who says that a Torah scholar doesn’t require hasra’ah, since the sole purpose of hasra’ah is to differentiate between unintentional and deliberate. This would imply that the Rabbis, who hold that even a Torah scholar requires hasra’ah, would hold that hasra’ah is a gezeiras hakasuv, and NOT just to distinguish between unintentional and deliberate. However, the Rambam (Sanhederin 12:2) writes: A torah scholar and an unlearned man require hasra’ah, for the sole purpose of hasra’ah is to differentiate between unintentional and deliberate. This seems to be very strange. The Rambam cites the rationale of Rabbi Yosi bar Yehudah, yet requires hasra’ah even for a chaver! Why?

The Kesef Mishneh and Lechem Mishneh explain that according to the Rambam, the Rabbis don’t disagree with Rabbi Yosi bar Yehudah in principal; rather, they hold that because of his concern, we require hasra’ah even by a chaver who knows the law, since he may not be aware of the action he is about to do. The Rambam clearly learns that the concept of hasra’ah is only meant to make him aware of his actions, and educate him about the halachah, not just a gezeiras hakasuv. Nevertheless, the Rambam requires hasra’ah within the time of an utterance of the action, implying that this concept isn’t merely a gezeiras hakasuv, but an actual concern that he may have a very short term memory. It seems that the Rambam doesn’t buy into the two sources for hasra’ah approach; rather, he understands that the rationale for the sources of hasra’ah cited in the Gemora is to differentiate between unintentional and deliberate - to educate and inform.

HALACHAH ON THE DAF

Eidim P’sulim

The Gemora learns that even if there are a hundred witnesses that witnessed an event, but included in those witnesses were relatives or otherwise disqualified witnesses, then the all the witnesses may not testify. Rebbe clarifies that this is only true when the relatives or otherwise disqualified witnesses also gave the warning, but if they merely witnessed an event along with others, they can’t nullify the testimony of the other witnesses. Rashi explains that by giving the warning, they show that they too want to be considered witnesses, therefore they negate the other witnesses’ testimony, since part of the witnesses are disqualified.

Who is considered disqualified for testimony?

1) Relatives - Relatives: There are many different scenarios; we will only touch on a few.

We learn that relatives cannot be considered witnesses from the verse: Fathers shall not die through their sons. The Chachamim derived from this verse that the father cannot die due to testimony from his son, and vice versa. Aside from a son there are other relatives that cannot testify; a) brothers, b) grandson, c) first cousins, d) second cousins. All these cases apply to females as well, meaning a sister cannot testify on a brother and vice versa etc. (Choshen Mishpat 33:2)

If one cannot testify regarding a woman (for example a sister), he is similarly prohibited from testifying for her husband, and conversely, if one cannot testify for a certain man, he also may not testify for his wife (ibid 33:3). However, he may testify for that spouse’s relative (ibid 33:5).

Mechutanim may testify for each other (ibid 33:6).

2) Oivrei Aveirah - One Who Committed a Sin: If one transgressed any prohibition that is punishable by either death or lashes, he is disqualified for testimony until he repents. It makes no difference if he sinned due to desire, or if he sinned as an act of rebellion (ibid 34:2).

If one transgressed a Rabbinic prohibition, he is disqualified only on a Rabbinic level (there are halachic differences between them).

3) Other P’sulei Eidus: A minor is disqualified for testimony, even if he is very bright. One leaves the status of a minor once he shows signs of physical maturity, usually when he turns thirteen years old.

One who is incoherent in a certain issue is also disqualified (ibid 35:8). If he is mentally deranged, he is also disqualified (ibid 35:10).

As they Intended - Makkos Hey

Subscribe to the Daily Daf Yomi Summary http://www.daf-yomi.org

The Mishna teaches us that the zomemin witnesses are only punished if they attempted to have someone executed, but they were found to be zomemin before the defendant was executed (as long as it was after the verdict was handed down). However, if they were discredited through hazamah only after the defendant had been executed, they will not be punished. This is derived from the Scriptural verse: as they intended to do; but not as they actually accomplished.

The Kesef Mishnah explains this seemingly perplexing halachah in two manners:
1. When the zomemin witnesses actually carry out their plan and the accused is executed - such a sin is of such a magnitude that they cannot get punished in this world. The punishment for such a hideous sin can only take place in the next world- in Gehinnom.
2. Alternatively, he explains, if the accused was actually executed, we assume that he was indeed guilty and deserved to die. Hashem is present by every court case and it must be attributed to Divine Providence that the second set of witnesses did not arrive until after the defendant was executed.

Paying and Piercing - Makkos Daled

Subscribe to the Daily Daf Yomi Summary http://www.daf-yomi.org

The Mishna stated: “We testify that this particular person owes his fellow two hundred zuz,” and they are found to be zomemin, they receive lashes and must pay, for the Scriptural verse that makes him liable for the lashes is not the same as that which makes him liable for compensation; these are the words of Rabbi Meir. But the Chachamim say: Whoever is liable to pay does not receive lashes.

Based upon this, the Panim Yafos answers the following question: The Gemora in Kiddushin states: Why was an ear chosen (to be pierced - when a Jewish servant wishes to stay by his master even after the six years) more than other limbs of a person’s body? Hashem says that the ear that heard on Mount Sinai, “For to Me Bnei Yisroel are servants,” and not servants to servants, and he went anyway and chose a master for himself, his ear should be pierced. The question begs to be asked: If the piercing is because of his stealing, why don’t we pierce his ear immediately? Why do we wait until he wants to stay longer?

Our Gemora states that whoever is liable to pay does not receive lashes. If one is liable a punishment of lashes and money for one action, he does not receive lashes and pay, but rather, he pays and he does not incur the lashes.

Accordingly, we can say that the thief was deserving of getting his ear pierced immediately – except, since he is required to pay for that which he stole, and selling him as a servant is instead of his payment, he is therefore exempt from the piercing, for he cannot pay and receive “lashes.” However, after he served his six years, and he says, “I love my master, my wife and my children; I do not want to go free,” he is revealing to us that his serving as a servant was not a punishment for him. Retroactively, he reverts to the halachah that he should be punished for selling himself as a servant through piercing.

Lottery Ticket from Maaser and Shemittas Kesafim - Makkos gimmel

Subscribe to the Daily Daf @ http://www.daf-yomi.org

Lottery Ticket

By: Meoros HaDaf HaYomi

Buying a lottery ticket for a charitable cause from ma’aser money

Many charitable institutions raise funds by promising prizes to be awarded in a lottery among the contributors. HaGaon Rav Moshe Feinstein zt”l (Responsa Igros Moshe, O.C., IV, 76) was asked if a person could purchase such a ticket from his ma’aser money or if the ticket should be considered as having a monetary value to its holder and thus forbidden to be purchased from ma’aser.

Two types of tickets: Rav Feinstein remarks that we should divide this question into two parts – i.e., two types of lottery tickets. Some institutions issue a fixed amount of tickets, promising that at a certain date or when all of them are sold, the raffle will be held. In such a lottery even the first purchaser knows his chances of winning.

Nonetheless, there is another sort of ticket: Some institutions do not limit the amount of tickets and fix no final date for the raffle. It is obvious, then, that such tickets have no monetary value. A person who purchases such a ticket has no investment, as he has been promised nothing. It is not an investment but a form of charity and may be purchased from ma’aser.

What is the nature, though, of the first type of ticket? First of all, we must examine if we can define the value of something whose worth is unknown. In other words, is a lottery ticket regarded as an item of monetary value although the vast majority of purchasers win nothing?

Estimating the worth of an item whose value is unknown: Rav Feinstein proves from our sugya that we can regard such an article as having value. Our sugya explains that we can estimate the worth of a kesuvah of a woman who has not been divorced by examining the amount merchants would be willing to invest to purchase the rights to the kesuvah once it can be realized. The merchants examine the state of the couple’s health, their relationship and the like. They then estimate the wife’s chances to survive her husband or get divorced and earn her kesuvah. We thus see that we can regard an item whose worth is unknown as an article of monetary value. One should therefore not purchase a ticket of the first sort from ma’aser as the purchaser immediately gets the worth of his investment.

The winner of a lottery: Rav Feinstein adds that if a purchaser of the second type of ticket wins a prize, he should better return the cost of the ticket to his ma’aser money (see Derech Emunah on Matenos ‘Aniyim, Ch. 7, in Beiur Halachah, s.v. V’echad).

Reasons for Shemittas Kesafim

By: Rabbi Moshe Donnebaum

As strange as the mitzvah of relinquishing one’s loans may seem, there are important lessons in regard to this commandment. The Sefer HaChinuch explains that the first useful benefit to be gained is the characteristic of generosity. There is none so generous as he who gives without hope of receiving anything in return. So too, relinquishing a loan with no benefit or gain in mind imbues a person with this noble character trait.

The second lesson mentioned in the Chinuch relates to the mitzvah of bitachon - trust in Hashem. Anyone who, upon command, relinquishes all outstanding debts, is continuously strengthening his level of trust in Hashem. The creditor displays trust that any losses incurred will be fully reimbursed to his allocated and pre-determined wealth. The knowledge of G-d as the source of all livelihood and provider of all one’s needs is confirmed, and substantiated when releasing a debtor from his debts.

The Chinuch continues that the mitzvah of Shemittas kesafim is also a ‘barrier’ to keep away from robbery and any desire to own the possessions of one’s neighbor, via a kal vachomer. If the Torah decrees that one should leave a loan in his neighbor’s hand concerning money that is rightfully owed to him, then certainly he may not obtain his neighbor’s belongings, in any way, without his neighbor’s consent.

Shema Yisrael Torah Network
info@shemayisrael.co.il

Makkos, Forty and Zomemin - Daf Beis

by: Rabbi Avrohom Adler

subscribe to the Daily Daf @  http://www.daf-yomi.org

Makkos and Forty

The Chidah writes that he heard from an elderly mekubal that it is advantageous to study Tractate Makkos, for it is the same numerical value as “hirhurim” – “thoughts,” and it will be an assistance to those who wish to rid themselves from any impure thoughts.

It is stated in the Medrash Tanchuma that one who transgresses a negative prohibition incurs forty lashes because a person is created in forty days, and he violated the Torah which was given to Moshe in forty days.

Warning not Necessary

By: Meoros HaDaf HaYomi

We are now learning the sugya of eidim zomemim, false witnesses who testify that they saw an act performed by a certain person and are later contradicted by others who assert that the witnesses were with them elsewhere at the time of the supposed act and could not have seen it. The false witnesses are punished with the punishment they intended to mete on the person about whom they testified. At the beginning of Makkos we should cite the explanation of HaGaon Rav Shimon Shkop zt”l about this halachah.

False witnesses are punished without being warned: A Beis Din does not punish a person unless he was warned before his act that he is about to transgress a prohibition of the Torah and will be punished accordingly. Still, false witnesses are punished without such warning (Kesuvos 33a), as the Gemora (ibid) explains, since they wanted to punish someone whom they never warned. Rambam (Hilchos ‘Edus, 20:4) adds that even unwitting false witnesses (shogegim), who did not know about the prohibition of false testimony, are punished.

Two reasons for warning: There are two reasons why we can’t punish someone without warning him: (a) He should not be considered shogeg (Makkos, 6b), unaware that he is transgressing a Torah prohibition, and (b) He should know that by his act he decrees a punishment on himself (Sanhedrin 41a and Rambam, Hilchos Sanhedrin, 12:2; see ibid, that the transgressor must explicitly acknowledge his penalty). Apparently, the Gemora’s explanation, that we don’t have to warn false witnesses because they wanted to punish an unwarned person, means that we can punish the witnesses even though they didn’t know that they could be punished with death. Still, what is Rambam’s basis for saying that we don’t have to verify that the witnesses acted willfully (see Raavad, ibid)?

False witnesses are punished for their cruelty: Rav Shkop explains that Rambam assumes that false witnesses are not punished for transgressing but “because of their wickedness, acting against characteristic human decency. Even though they didn’t know of the prohibition by the Torah, since they knew that they were falsely incriminating a person…that is the main point of their evil…” (Chiddushei Rabbi Shim’on Yehudah HaKohen, Kesuvos, #39, and see Ketsos HaChoshen, 25, S.K. 8, and Sefer HaMafteiach as for other explanations for Rambam’s ruling).

Zomemin

By: Reb Avi Lebowitz

In a situation where two groups of witnesses contradict one another about an event; it is classified as contradictory witnesses, where we have no reason to believe one any more than the other. Under these circumstances the Gemora in Bava Basra has a discussion about what to do - it is an uncertainty, so follow the chazakah. One thing, however, is clear, that we do not believe the latter group any more than the first. However, where the second group doesn’t testify about the event, rather about the validity of the first two as being valid witnesses, such as testifying that they are thieves, the second group is completely believed to overthrow the testimony of the first group. This is not considered a novelty, since everything that the first group is saying is true, just that by believing the second group that the first are thieves, we automatically do not accept their testimony.

Rava (in the first version) holds that a zomeim is a novelty and therefore only becomes disqualified from the time of the hazamah, and not retroactively from the time of the testimony. Abaye would presumably agree with Rava that zomemin is a novelty, just that it is not logical for them to be disqualified from the time of the hazamah; therefore we disqualify them retroactively from the time of their testimony.

It seems that the concept of “novelty” by zomemin is that rather than considering it to be a case of contradictory witnesses, where the second group are merely disagreeing about the event, we consider it as if the second group are actually testifying about the character of the first group, invalidating them as witnesses. (See Tosfos who explains that the novelty of zomemin more than contradictory testimony is either that the second group is entirely believed, or that the first group is definitely disqualified, not just out of uncertainty. Assuming like Tosfos’ second approach that the novelty of zomemin is to view the testimony to be on the character of the witnesses, not on the event, in which case it is not a novelty to directly disqualify the first or to validate the second, rather it is a novelty in classification).

Why are zomemin somewhere in between? In essence, the second group is not making a character judgment; they are only contradicting the facts – “these two witnesses could not have possibly witnessed what they claim to have witnessed since they were with us elsewhere.” Had it not been for the novelty of the Torah that we believe the second group, we would view it as if they just contradicting the first group about the events, where we would have a legitimate doubt as to who to believe. We would interpret their intent as simply being that the event was not witnesses by these two witnesses because they were with us elsewhere. But the Torah teaches us that we are not to regard the hazamah as just undermining the plausibility of the event, rather they are giving a character testimony similar to claiming that the first group were thieves. Why?

It would seem that the reason is because when testifying about an event, it is sometimes possible to misinterpret the event, or not have a clear picture as to what actually happened, so we give each group the benefit of the doubt. But, by zomemin, the second group is claiming that it was clearly premeditated lying that is taking place, not an innocent mistake. People who would fabricate a story when they were in an entirely different location have a fatal character flaw just as thieves do, and therefore they are not admissible as witnesses in any court.

Eretz Yisroel - Highest Point

Subscribe to the Daily Daf Yomi Summary http://www.daf-yomi.org

Eretz Yisroel and the Beis HaMikdash is Higher than all other Places

Does High and Low Apply to Spherical Objects?

In our sugya the Gemora cites a verse in Yirmyahu (23:7) “…Who brought Bnei Yisrael up from the land of Egypt” and a verse in Devarim (17:8) “…then you shall arise and go up unto the place which the Lord thy G-d shall choose” to demonstrate that Eretz Yisrael is higher than any other land, and that the Beis HaMikdash is the highest point in Eretz Yisrael. The wording of the Gemora seems to indicate that Eretz Yisrael is physically higher. In fact, the Yam Shel Shlomo (Kiddushin Chap. 4, 1) goes so far as to say that if someone standing in Eretz Yisrael says, “I vow to go up to Chutz La’aretz,” the vow is considered to be made in vain and is invalid. Leaving Yerushalayim or Eretz Yisrael is always referred to as “going down.”

Many commentators maintain that our Gemora should not be interpreted literally. The Chasam Sofer (Responsa, Part II, Y.D. §234) stresses this point, writing, “…in fact, those who are somewhat familiar with the world map can see otherwise…actually the world is round, and high and low do not apply to spherical objects; from any given point one sees the skies high overhead and low on the horizon, forming a dome. Someone who approaches from a point on the horizon appears as if he emerged from a deep pit, and high and low do not apply.”

Furthermore the Maharal of Prague (in his book on Talmudic Aggados and in Tiferes Yosef, Chagiga 3b, s.v. Eizehu) writes that the Gemora is referring to the spiritual loftiness of Eretz Yisrael, and not to its physical height.

It is interesting to note that the Chasam Sofer (ibid) writes that Eretz Yisrael is said to be “higher than all other lands” because Creation began from the even shesiya [foundation stone] located on Har HaBayis (see Rashi, Sanhedrin 26b, s.v. veshesiya). Thus all eyes are raised to Eretz Yisrael and Har HaBayis because mankind lifts its gaze to the spot where the ground beneath its feet was first created.