A great opportunity for the entire family, to share some thoughts on the daf ... the family feels united by discussing what the head of the house is studying.
I try to break it down so that everyone can understand it ....
I try to break it down so that everyone can understand it ....
You can copy and print this without my consent, since Torah belongs to all of us.....
See previous Daf Yoimie Snippets
This week's "Daf Yoimie Snippets Sponsored For the Refuah Shliemah of
צארטל בת אסתר מלכה
''דף כ''א ''מטבעות פגומים
Page 21 Mesectas Arachin
''Damaged Coins "
When the Beit Din (court) sells land that was inherited by orphaned minors from
their father, the Beit Din publicly announces the availability of the property for thirty
consecutive days, in order to receive the best possible price for the property.
In what
situation would the Beit Din intercede and sell the orphaned minors’ property?
In a
case where the father left behind creditors to whom he owed money, for example.
What does the Beit Din announce?
The baraita states:
“There is such-and-such a
field, of such-and-such size, that is worth such-and-such. Anyone who wishes to
purchase this field should come purchase it, as the field is being sold in order to
pay off a deceased man’s debt.”
Why is it necessary to announce that the field is being sold
in order to pay off creditors? Why would that fact interest
potential buyers? Why isn’t it sufficient to merely announce the field is for sale?
The Talmud explains that this additional declaration is needed
as there are some who prefer to do business with a person who is in debt, as
that person would likely to be lenient and even accept slightly damaged coins —
and individuals who possess damaged coins might be pleased to purchase the
property in order to get rid of those coins.
Press "read more" right below to see rest of the dafim
''דף כ''ב ''מכריזים בבוקר ובערב
Page 22 Mesectas Arachin
''Declaring In the Mornings and In the Evenings "
Gamliel’s father served as Temple treasurer.
One day, Gamliel’s father said:
“We are
preparing to announce the sale of land that
had been consecrated to the Beit HaMikdash.
We will make our notifications that the land
is available for purchase, on Monday and
Thursday, in the morning and the evening,
over the course of sixty days, in order to find
a buyer for the land at a respectable price.”
Gamliel asked his father why it was necessary to make announcements both
in the morning and the evening.
His father replied that it was decreed to make
announcements in the morning, when laborers were headed out to work, and
again in the evening, when the laborers are headed home.
When a person hears
the announcement and is interested in checking out the field, he would say to his
employees setting off to work — “on your way, please take a look at the field that
is for sale, and in the evening, let me know if you think it is worthwhile.”
The announcement in the morning serves as a reminder to the employer to instruct
the workers to check the field; the announcement in the evening is a reminder to
the employer to ask the workers about the results of their examination.
''דף כ''ג ''השדה המשועבד שהוקדש
Page 23 Mesectas Arachin
''A Consecreated Field Subject To A Lien "
A man owed 1,000 zuz. One day, the lender became aware that the borrower had
consecrated his field to Beit HaMikdash. The lender was astounded, since the
borrower had no money, or other fields from which the debt could be collected.
Lacking another alternative, the
lender approached the Temple
treasurer, showed him the loan
document and said: “I have a
lien against this field and I am
permitted to collect the debt owed
to me from it.”
The Temple treasurer replied: “It
is true you have a lien against
this property, and that the portion
belonging to you has not been taken on the status of Hekdesh, because of
your pre-existing lien.
However, Chazal decreed that you are entitled to take
your portion of the field only after you redeem the land for a nominal fee.”
Chazal established this ruling, so that people would not think it was possible
to take Hedkesh from the Beit HaMikdash without redeeming it first. Given that
anyone seeing someone take property from the Beit HaMikdash would not
know that that individual held a lien on the land, they would, in error, think that
consecrated property does not require redemption.
''דף כ''ד ''יובל
Page 24 Mesectas Arachin
''Jubliee "
“Shnat Yovel” (Jubilee year) refers to the 50th year, after seven cycles of
Shemittah (Sabbatical years). The 50th year was declared a Jubilee year, during
which fields sold over the course of the previous 49 years were returned to their
original owners, and avadim ivri’im (Jewish slaves) were released from their
masters and returned to their families and homes.
Why is the year called “Shnat
Yovel”?
Some explain because
at the start of the 50th year a
ram’s horn, known as “yovel,”
was sounded.
Other Rishonim
suggest the name was derived
from the word “muval” (brought
or transported), because all of
the fields that had been sold are
brought back to the original sellers and all of the slaves are transported back
to their families.
''דף כ''ה ''מפולת יד ו''מפולת שוורים
Page 25 Mesectas Arachin
''Sowed by Hand and Sowed by Oxen "
In ancient times, fields were
sown in by spreading seeds
after plowing the field, and not
with machines as farmers do
today.
There were two methods
by which seeds were spread:
“Mapolet Yad” (Sowed by
Hand), i.e., seeds spread by
tossing them across the field
using one’s hands.
“Mapolet
Sh’varim” (Sowed by Oxen), i.e.,
a full sack of seeds with small hole at the bottom was placed on the back of an ox. The seeds would fall out of
the sack slowly into the plowed furrows, as the ox walked the length of the field.
''דף כ''ו ''שודות הלויים
Page 26 Mesectas Arachin
''Levite Property "
When Yehoshua Bin Nun apportioned the land to the various
shvatim (tribes), members of Shevet Levi did not receive their own
tribal land allotment in Eretz Yisrael.
The Levi’im resided in 48 cities, given to them by the remainder of B’nai Yisrael, in keeping with God’s command.
Surrounding these
cities there were fields. These fields had the status of “Sadeh Achuza” (ancestral
field) and not of “Sadeh Mik’neh” (acquired field) — i.e., the surrounding fields were
considered an ancestral inheritance that belonged to each Levi family forever.
''דף כ''ז ''שדה אחוזה שהוקדש
Page 27 Mesectas Arachin
''Ancestral Field That Was Consecrated "
A consecrated “Sadeh Achuza” (ancestral field) is redeemed according to the
amount set forth in the Torah.
This holds true only in an era when the Yovel law is applicable. If, however, the land was consecrated in an era when the Yovel is not observed, it is necessary to conduct an auction and sell the field to the highest bidder.
If both the previous owner and some other individual bid identical sums for the property, the field is awarded to the original owner.
This holds true only in an era when the Yovel law is applicable. If, however, the land was consecrated in an era when the Yovel is not observed, it is necessary to conduct an auction and sell the field to the highest bidder.
If both the previous owner and some other individual bid identical sums for the property, the field is awarded to the original owner.
According to halacha, when an individual
redeems a field which he himself had
consecrated, he is required to add another
1/5 to the redemption price. As such,
it turned out that the Beit HaMikdash treasury benefits when the original owner redeems the field, because of the
additional one fifth paid.
''דף כ'ח ''הקדש
Page 28 Mesectas Arachin
''Consecrated Items "
There was a type of Hedkesh (consecrated item)
known as “Cherem” (a dedicated item).
Cherem le’bedek HaBayit, referred to items or funds dedicated for maintenance of the Beit HaMikdash, whereas Cherem la’Kohanim, referred to items or funds whose ownership was transferred directly the kohanim.
If an individual said:
“I designate this field as Cherem la’Kohanim,” then that field belongs to the kohanim.
In a case of Cherem la’Kohanim, which particular kohanim would receive the field?
Moshe Rabbeinu divided the kohanim into mishmarot (service shifts) with each serving in the Beit HaMikdash for one week.
The kohanim serving on mishmar during the week that Cherem property was dedicated, were the ones who would receive the property.
Cherem le’bedek HaBayit, referred to items or funds dedicated for maintenance of the Beit HaMikdash, whereas Cherem la’Kohanim, referred to items or funds whose ownership was transferred directly the kohanim.
If an individual said:
“I designate this field as Cherem la’Kohanim,” then that field belongs to the kohanim.
In a case of Cherem la’Kohanim, which particular kohanim would receive the field?
Moshe Rabbeinu divided the kohanim into mishmarot (service shifts) with each serving in the Beit HaMikdash for one week.
The kohanim serving on mishmar during the week that Cherem property was dedicated, were the ones who would receive the property.
''דף כ''ט 'הגביע שהוקדש
Page 29 Mesectas Arachin
''A Goblet That Was Consecrated To The Bais Ha'Mikdash "
Gamliel stood and declared:
“I hereby designate this silver goblet in my possession as Cherem la’Kohanim.”
From that moment, the goblet becomes the property of the kohanim serving during the mishmar (shift) in the Beit
HaMikdash.
A few days later, Gamliel deposited the goblet in the hands of a shaliach (messenger) who was headed toward Jerusalem, so he could deliver it to the kohanim at the Beit HaMikdash.
Gamliel and his family were overjoyed to see that the goblet ultimately ended up in the hands of their neighbor, who was one of the kohanim who had served in the Beit HaMikdash that week.
A few weeks later, the kohen neighbor was making Kiddush in honor of the birth of his daughter, and he honored Gamliel by using the cherem silver goblet for the wine.
Gamliel’s son asked his dad: “Didn’t you tell us that the goblet was cherem (dedicated) and therefore, prohibited to use?”
Gamliel responded: “Indeed, it’s true the goblet was cherem, forbidden to use, until it reached the hands of the kohen. However, once it was in the kohen’s possession, it reverted back to being chullin (a non-holy object), in every sense.”
“I hereby designate this silver goblet in my possession as Cherem la’Kohanim.”
From that moment, the goblet becomes the property of the kohanim serving during the mishmar (shift) in the Beit
HaMikdash.
A few days later, Gamliel deposited the goblet in the hands of a shaliach (messenger) who was headed toward Jerusalem, so he could deliver it to the kohanim at the Beit HaMikdash.
Gamliel and his family were overjoyed to see that the goblet ultimately ended up in the hands of their neighbor, who was one of the kohanim who had served in the Beit HaMikdash that week.
A few weeks later, the kohen neighbor was making Kiddush in honor of the birth of his daughter, and he honored Gamliel by using the cherem silver goblet for the wine.
Gamliel’s son asked his dad: “Didn’t you tell us that the goblet was cherem (dedicated) and therefore, prohibited to use?”
Gamliel responded: “Indeed, it’s true the goblet was cherem, forbidden to use, until it reached the hands of the kohen. However, once it was in the kohen’s possession, it reverted back to being chullin (a non-holy object), in every sense.”
''דף ל' ''העכבר הגנב
Page 30 Mesectas Arachin
''The Mouse That Stole"
A Jew residing outside of Eretz Yisrael, who acquired an Eved C’na’ani
(Canaanite slave) from a Jew who lived inside Eretz Yisrael, was required to
emancipate the slave without getting any money back from the seller. Chazal
imposed this penalty on the buyer for causing the slave to leave Eretz Yisrael.
Why, in fact, did Chazal choose to penalize the buyer?
It seems they should have penalized the seller and have him return the money to the buyer.
Rav Yosef responded: “The mouse is not the thief, but rather, the hole is the thief” (i.e., a mouse cannot steal any item unless there is a hole in which it can hide whatever it stole.) Likewise, in our case, if a buyer had not agreed to acquire the slave, the seller would not have transferred that slave outside of Eretz Yisrael.
Why, in fact, did Chazal choose to penalize the buyer?
It seems they should have penalized the seller and have him return the money to the buyer.
Rav Yosef responded: “The mouse is not the thief, but rather, the hole is the thief” (i.e., a mouse cannot steal any item unless there is a hole in which it can hide whatever it stole.) Likewise, in our case, if a buyer had not agreed to acquire the slave, the seller would not have transferred that slave outside of Eretz Yisrael.
''דף ל''א ''בית שנמכר בעיר מוקפת חומה
Page 31 Mesectas Arachin
''A House That Was Sold In a walled City "
The Torah stipulates that at any time during the first year following the sale,
a seller was permitted to redeem a house sold in a city that had been walled
since the time of Yehoshua Bin Nun.
However, if the original owner did not redeem the house within those 12 months, the house would belong to the new buyer forever.
From what point is the year of sale calculated?
The year of sale is calculated from the precise date and time when the sale took place.
However, if the original owner did not redeem the house within those 12 months, the house would belong to the new buyer forever.
From what point is the year of sale calculated?
The year of sale is calculated from the precise date and time when the sale took place.
''דף ל''ב ''האנשים שהתחבאו
Page 32 Mesectas Arachin
''The people That Hid "
The Mishnah tells the story of an
individual who had bought a home
in a walled city and decided to hide
toward the end of the first year so
that the original owners would not
be able to find him.
The seller looked for the buyer in order to pay money and redeem the house. However, the new owner successfully hid from the original owner until after the year had passed.
Once the buyers came out of hiding, there was no longer anything the seller was able to do, as the window of opportunity to buy back the house had closed.
The seller looked for the buyer in order to pay money and redeem the house. However, the new owner successfully hid from the original owner until after the year had passed.
Once the buyers came out of hiding, there was no longer anything the seller was able to do, as the window of opportunity to buy back the house had closed.
Hillel the Elder witnessed this practice of evading the original homeowners. He
instituted a ruling that enabled those owners to pay the required sum to the
dayanim (judges) in the Beit Din (court) instead.
In a case where the new owners
intentionally hid, paying the Beit Din allowed the original owner to enter the
house he had previously sold and retake legal possession of it.
''דף ל''ג ''המגרש והשדה
Page 33 Mesectas Arachin
''The Empty Lot and the Field "
After B’nai Yisrael conquered Eretz Yisrael, Yehoshua Bin Nun apportioned the
land among the sh’vatim (tribes).
Shevet Levi did not receive its own contiguous territory. Rather, the other tribes each set aside cities from their inheritance for the Levi’im.
The Torah commanded there must be an open area of 2,000 amah (cubits) on each side, surrounding each of the cities set aside for the Levi’im.
The first 1,000 cubits were designated to be used for beautification of the city; while the outer 1,000 cubits were intended for fields and groves.
Shevet Levi did not receive its own contiguous territory. Rather, the other tribes each set aside cities from their inheritance for the Levi’im.
The Torah commanded there must be an open area of 2,000 amah (cubits) on each side, surrounding each of the cities set aside for the Levi’im.
The first 1,000 cubits were designated to be used for beautification of the city; while the outer 1,000 cubits were intended for fields and groves.
The Mishnah ruled that it was prohibited to turn an
agricultural field outside a Levite city into an empty
piece of land; likewise, it was prohibited to turn an
empty piece of land outside a Levite city into an
agricultural field.
Why?
Converting an agricultural field into an empty piece of land was prohibited because any place seeds had been sown was considered to be a settled portion of Eretz Yisrael. Destruction of an agricultural field would constitute dismantling of a settlement in Eretz Yisrael.
Likewise, an empty piece of land may not be converted into an agricultural field because the empty piece of land was intended to beautify the city and it is equally important to preserve that beauty of cities in Eretz Yisrael.
Why?
Converting an agricultural field into an empty piece of land was prohibited because any place seeds had been sown was considered to be a settled portion of Eretz Yisrael. Destruction of an agricultural field would constitute dismantling of a settlement in Eretz Yisrael.
Likewise, an empty piece of land may not be converted into an agricultural field because the empty piece of land was intended to beautify the city and it is equally important to preserve that beauty of cities in Eretz Yisrael.
''דף ל''ד ''כהן שקיבל שדה חרם ביובל
Page 34 Mesectas Arachin
''A Kohein Who Received A Dedicated Field During The Jubilee Year "
A kohen received a cherem field (dedicated to the kohanim by a member of B’nai
Yisrael), during the Shnat Yovel (Jubilee year) and chose to then re-designate that field
as cherem, he is not entitled to receive back ownership of that entire field when the next
Yovel arrives — even if that kohen was one of the kohanim who served in the Beit
HaMikdash at the start of the Yovel.
Instead, ownership of the field is divided equally between all of the other kohanim serving on that mishmar (shift) in the Beit HaMikdash
Instead, ownership of the field is divided equally between all of the other kohanim serving on that mishmar (shift) in the Beit HaMikdash
Why might one presume that the entire field belonged
to that one kohen?
Because of a kal va’chomer
(“a fortiori” in Latin, meaning “from the
stronger case,” or an extrapolation). \
The kohen could say:
Since if a non-kohen were to consecrate a field, I would receive a portion of it upon the arrival of the Yovel, then it stands to reason that if I personally consecrate the field
then I should receive the entirety of the field upon the arrival of the next Yovel.
For this reason, the Torah ruled that the field must be divided equally between the kohanim and the mishmar.
Because of a kal va’chomer
(“a fortiori” in Latin, meaning “from the
stronger case,” or an extrapolation). \
The kohen could say:
Since if a non-kohen were to consecrate a field, I would receive a portion of it upon the arrival of the Yovel, then it stands to reason that if I personally consecrate the field
then I should receive the entirety of the field upon the arrival of the next Yovel.
For this reason, the Torah ruled that the field must be divided equally between the kohanim and the mishmar.
No comments:
Post a Comment