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Nidah 28

The numbers that appear next to certain entries represent the number assigned to those items in the diagram of the Beis ha'Mikdash that is printed in the Vilna Shas Daf 40b (VS), and in the diagram of the Tiferes Yisrael (TY), which is printed both in the Tiferes Yisrael Mishnayos (in Midos Chapter 2 or following Midos) and in Rav P. Kahati's Mishnayos (page 290, at the beginning of Midos).

1) [line 7] EFER SERUFIN - ash of burned corpses
2) [line 10] KATAVLA - a hardened sheet of leather used as a tabletop or as a bed

3) [line 11] AFUDRIM - marble
4) [line 11] D'ICHRACHI ICHRUCHEI - he was only scorched
5) [line 13] GUF ATUM - a body missing limbs
6) [line 16] EIMA HIRCHIKAH LEIDASAH - say that [perhaps] she gave birth a while ago (such that her Yemei Tohar have already ended)

7) [line 17] TESHEV L'ZACHAR UL'NEKEIVAH - she must sit [observing the days of Tum'ah and the days of Taharah for both] a male and a female (that is, she must observe 14 days of Tum'ah as if she gave birth to a female, and afterwards she must observe only 26 days of Taharah (until 40 days after the birth) as if she gave birth to a male)

8) [line 18] V'IY SALKA DA'ATACH KOL KI HAI GAVNA EIMA HIRCHIKAH LEIDASAH, LISNEI UL'NIDAH! - [the Gemara asks] if you assume that perhaps she gave birth a while ago (such that her Yemei Tohar have already ended), then it should also require her to conduct herself like a Nidah out of doubt that perhaps this is the first experience of bleeding after the Yemei Tohar!

9) [line 20] HAVAH AMEINA MEVI'AH KORBAN V'EINO NE'ECHAL - we would have thought that she brings a Korban and it (the Chatas ha'Of) is not eaten (since we are in doubt as to whether she miscarried or not; rather, we are sure that she miscarried)

10) [line 22] "VA'YEHI V'LIDTAH VA'YITEN YAD" - "And it happened while she was giving birth, he (one of the twins) stuck out his hand" (Bereishis 38:28) - Rav Huna proves from this verse that when a fetus sticks out his hand, it is considered "birth."

11) [line 30] MID'RABANAN, U'KRA ASMACHTA B'ALMA - [the obligation is] mid'Rabanan, and the verse is merely an Asmachta (ASMACHTA)
(a) At times, when Chazal make a Derashah (extrapolate a Halachah or other teaching) from a word in the Torah, it happens that the Halachah or teaching is not mid'Oraisa at all, but rather mid'Rabanan. When this happens, the Gemara usually states that the Halachah is mid'Rabanan, and "Kera Asmachta b'Alma," i.e. that the verse is only cited as a "support" for the Halachah mid'Rabanan, but its source is not actually from the Torah. (TOSFOS to Bava Basra 66b DH Michlal d'She'ivah writes that in many instances, Derashos of Chazal in the Midreshei Halachah, such as Toras Kohanim, which appear to be from the Torah, are only Asmachta'os.)
(b) A second type of Asmachta applies even to a Halachah which actually is mid'Oraisa. When Chazal find a hint in the Torah to a Halachah that has its basis in the Oral Tradition, they call this an Asmachta as well (Chulin 77a and Eruvin 5a).
(c) The Rishonim argue as to the reason why Chazal, in these instances, used verses to support their teachings.

1. From the words of the RAMBAM (Introduction to his Perush ha'Mishnayos) it appears that Asmachta'os are only mnemonic devices. (It is possible that he writes this only with regard to the latter type of Asmachta, Asmachta'os for Isurei Torah.)
2. MAHARIL (in Likutei Maharil) writes that Chazal used the device of Asmachta in order to make people regard certain Halachos mid'Rabanan as if they were actually mid'Oraisa, so that they should not treat them lightly.
3. The RITVA (to Rosh Hashanah 16a, see Be'er ha'Golah of the MAHARAL, Be'er #1) states that when Chazal present an Asmachta, it means that the Torah meant to suggest that it is fitting to implement such a Halachah, but that it did not choose to make it obligatory. The Torah empowered the Chachamim to enact it should the need for it arise. Similarly, the SHELAH (in Torah she'Be'al Peh, entry titled "Rabanan") writes that when the Chachamim utilized a hint from a verse, it means that they learned a particular approach of reasoning from this verse. Accordingly, it appeared to them that there was a need to decree this particular Halachah.
4. The MESHECH CHOCHMAH (Parshas Shoftim) claims that when Chazal present an Asmachta, it means that *after* Chazal instituted a particular Halachah or enacted a particular decree, they studied the Torah and found that the Torah had already hinted to that future decree in its eternal wisdom.
(d) There are those who write that a Halachah mid'Rabanan that is learned from an Asmachta, and which has a hint in the apparent meaning of the verses, is more stringent than an Isur mid'Rabanan for which an Asmachta from the Torah is not offered. These Halachos were given the status of Halachos of the Torah in certain respects, for example, with regard to the requirement to be stringent in the case of a Safek (PRI MEGADIM, Introduction to Shulchan Aruch Orach Chayim 1:2:d)

12a) [line 31] TUMTUM
A Tumtum is a person whose genitals are covered with skin so that we do not know if he is a male or a female.

b) [line 31] ANDROGINUS
An Androginus is a hermaphrodite, a person with both male and female reproductive organs. There is a Machlokes as to whether an Androginus is a male, a female or a distinct gender.

13) [line 31] TESHEV L'ZACHAR UL'NEKEIVAH - see above, entry #7
14) [line 34] MECHUTACH - (lit. cut up) the fetus emerged in the form of various limbs that were not attached

15) [line 35] MESURAS - feet first
16) [line 37] PADACHTO - his forehead
17a) [line 44] LOVEN - a white substance, similar to Keri
b) [line 45] ODEM - a red liquid, similar to blood

18) [line 45] EIN CHAYAVIN AL BI'AS MIKDASH (TUM'AS MIKDASH V'KODASHAV, V'KORBANO)
(a) It is forbidden for a person to enter the Mikdash (see Background to Tamid 27:27 for a discussion of the boundaries of the various areas in the Mikdash) if he touched an Av ha'Tumah (Bamidbar 5:2).
(b) Regarding a *person* who becomes Tamei the verse states, "b'Chol Kodesh Lo Siga" - "... she (a woman after childbirth) shall touch no consecrated thing" (Vayikra 12:4), from which the Gemara (Yevamos 75a, Makos 14b) derives that it is forbidden for a person who is Tamei to *eat* Kodshim. If a person who is Tamei eats the blood of Kodshim, he does not transgress this prohibition.
(c) One who transgresses these prohibitions b'Shogeg (unintentionally) becomes obligated to bring a Korban Oleh v'Yored (see Background to Kerisus 2:10). If he transgresses them b'Mezid (intentionally) and witnesses saw him and he was warned (Hasra'ah) not to transgress, he is punished with Malkus (lashes). If he was not warned, he is punished with Kares (Vayikra 12:4, 22:3-4, Bamidbar 5:3, 19:20) (SEFER HA'CHINUCH Mitzvah #167).
(d) Neither a Tumtum nor an Androginus is liable for Tum'as Mikdash v'Kodashav since the verse states, "mi'Zachar Ad Nekevah" (Bamidbar 5:3) and the Gemara teaches (Amud Beis) that only people who are unquestionable males or females are liable.

19) [line 26] EIN SORFIN ALEIHEN ES HA'TERUMAH (TERUMAH: SEREIFAH)
(a) After a crop is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.
(b) A non-Kohen may not eat Terumah or Terumas Ma'aser. Even Kohanim and their families and slaves may not eat Terumah unless they and the Terumah are Tehorim (ritually pure).
(c) If Terumah becomes Temei'ah, it may not be eaten, as the Torah states, "b'Chol Kodesh Lo Siga" (Vayikra 12:4). In addition, there is a Mitzvah to burn it (Shabbos 25a). The Rishonim argue whether this is a Mitzvah d'Oraisa or a Mitzvah d'Rabanan (see Background to Shabbos 23:44). The Kohanim may benefit from it while it is being burned, such as by using it as fuel for a fire (Shabbos 25b).
(d) Until a Tumtum and an Androginus experience Loven and Odem, it is not certain whether they are Temei'im, since it is not clear whether they have the Halachos of males or females. Until their Tum'ah is certain, we do not burn the Terumah that they touch.

20a) [last line] "MI'ZACHAR AD NEKEVAH TESHALECHU" - "From males to females you shall expel; [you shall expel them outside of the camp, and they shall not defile their camps where I dwell among them.]" (Bamidbar 5:3)

b) [last line] TESHALECHU (KEDUSHAS MACHANOS: SHILU'ACH TEMEI'IM)
While Benei Yisrael camped in the Midbar (desert), they were commanded to expel certain Temei'im from the Machaneh (Bamidbar 5:1-3). There are three Machanos (designated holy areas) within the city of Yerushalayim, corresponding to their respective areas in the Midbar:

1. The entire area within the walls of Yerushalayim, excluding Har ha'Bayis, is Machaneh Yisrael. This area corresponds to the area of encampment of the twelve tribes in the Midbar. Machaneh Yisrael is off-limits to Metzora'im (see Background to Nidah 19:15a). (Metzora'im are also forbidden to enter any walled city in Eretz Yisrael.)
2. The area between the Azarah and the wall encompassing Har ha'Bayis, including the Ezras Nashim (VS #10), is Machaneh Leviyah. This corresponds to the area around the Mishkan, where the Leviyim camped, or to the formation of the Leviyim while they were traveling in the desert. This area is prohibited not only to Metzora'im, but also for Zavin, Zavos, Nidos and Yoldos (see Background to Me'ilah 18:2b:a for references).
3. The entire area within the Azarah (i.e. the Ezras Yisrael (VS #18, TY #22) and the Ezras Kohanim (VS #29) that contained the Beis ha'Mikdash, the Mizbe'ach, and various Lishachos or chambers -- not the Ezras Nashim) is Machaneh Shechinah (excluding the area under the gate to the Azarah known as Sha'ar Nikanor -- VS #17, TY #18). This corresponds to the area of the Mishkan [within the Kela'im/curtains]. This area is even prohibited to a person who is Tamei Mes.

28b---------------------------------------28b

21a) [line 10] REBBI ELIEZER OMER, "(HA')SHERETZ... V'NE'ELAM MIMENU" - the verse to which Rebbi Eliezer refers is, "[O Nefesh Asher Tiga b'Chol Davar Tamei, O v'Nivlas Chayah Temei'ah O b'Nivlas Behemah Teme'ah O b'Nivlas] Sheretz [Tamei;] v'Ne'elam Mimenu [v'Hu Tamei, v'Ashem.]" - "[Or if a person touches anything that is Tamei, whether it is a carcass of a non-kosher Chayah (a non-farm animal), or a carcass of a Behemah (a farm animal), or the carcass of] creeping things [that are Temei'im,] and if it is hidden from him, [and he is Tamei, and guilty [of eating Kodshim].]" (Vayikra 5:2) - Rebbi Eliezer is of the opinion that this verse only refers to a person who eats Kodshim while he is Tamei. It does not refer to a person who enters the Azarah of the Beis ha'Mikdash while he is Tamei.
b) [line 12] REBBI AKIVA OMER, "V'NE'ELAM MIMENU V'HU TAMEI" - see previous entry. Rebbi Akiva, like Rebbi Eliezer, is of the opinion that this verse only refers to a person who eats Kodshim while he is Tamei. It does not refer to a person who enters the Azarah of the Beis ha'Mikdash while he is Tamei. The argument between them is whether or not a person must have known exactly what made him Tamei in the first place. Rebbi Eliezer stresses the word "Sheretz," that he must have known what made him Tamei, while Rebbi Akiva rules that as long as he knew that he was Tamei, he is liable.

22a) [line 15] SHERETZ (TUM'AS SHERETZ)
(a) A Sheretz (a crawling pest -- see Vayikra 11:29-38 for a list of the eight Sheratzim, and Background to Chulin 122:7), even if it or a part of it is only the size of an Adashah (lentil bean), is an Av ha'Tum'ah (Chagigah 11a, Ohalos 1:7). It makes a person or object Tamei at the level of a Rishon l'Tum'ah through Maga (contact), whether the Sheretz was touched willingly or unwillingly. The person who becomes Tamei by touching a Sheretz may not eat Terumah or Kodshim or enter the Azarah of the Beis Ha'Mikdash. However, he can immediately immerse in a Mikvah. After nightfall he becomes Tahor and may eat Terumah or Kodshim or enter the Azarah.
(b) In addition to Tum'as Maga, a dead Sheretz that is found in an earthenware oven makes the oven and all food or drink items that are in it Temei'im, whether the Sheretz touches them or not.

b) [line 15] NEVEILAH (TUM'AS NEVEILAH)
A Neveilah is a carcass of a Kosher animal that died without a Halachic slaughtering (or that was slaughtered improperly). The Torah states, "You shall not eat anything that dies by itself (Neveilah). You shall give it to the stranger who is in your gates, that he may eat it, or you may sell it to a Nochri, for you are a holy people to HaSh-m, your Elokim." (Devarim 14:21). A person who eats a k'Zayis of Neveilah is liable to Malkus (RAMBAM Hilchos Ma'achalos Asuros 4:1) and a k'Zayis or more of a Neveilah makes a person or an object Tamei through Maga (contact). It is Metamei a Keli Cheres (an earthenware utensil) if it enters the utensil's interior and is Metamei a person with Tum'as Masa (by carrying it) to cause him, in turn, to be Metamei the clothes that he is wearing (RAMBAM Hilchos She'ar Avos ha'Tum'ah 1:1).

23) [line 26] TERUMAH NAMI LO LISROF (TERUMAH: SEREIFAH)
See above, entry #19.

24) [line 29] L'RABOS ES HA'METZORA L'MA'AYANOSAV (METZORA)
See Background to Nidah 19:15a.

*25*) [line 31] HAI NAMI MIBA'EI LEI - Just like we have already used the verse "la'Zachar vela'Nekevah" for another Limud, so too we have already used the verse "mi'Zachar Ad Nekevah" for a different Limud

26) [line 32] KELI CHERES (KELI CHERES: TAHARASO)
(a) Klei Cheres are clay and earthenware utensils. They do not receive Tum'ah when an object of Tum'ah touches their outside. They only become Temei'im when Tum'ah enters them (even if the Tum'ah does not touch them). Therefore, when they are covered with a Tzamid Pesil (a tight seal) they cannot become Temei'im in the Ohel of a Mes, as is stated in Bamidbar 19:15. However, if the utensils are moved ("Tum'as Heset") by a Zav, Zavah, Nidah or Yoledes, they do receive Tum'ah (see Background to Nidah 7:5). If Klei Cheres become Temei'im, they make any food or drink items that enter them Temei'im, even if the items did not touch their inside surface.
(b) If the clay and earthenware utensils become Temei'im, they remain so until they are broken beyond use. Immersing them in a Mikvah does not change their status.
(c) For a further discussion of the principles of Tum'os and Taharos, see Background to Nazir 54:13 and Insights to Pesachim 14:1.

27) [line 39] ERCHIN
(a) An Erech (endowment valuation) refers to a special form of vow. If a person declares, "Erech Ploni Alai" - "I accept upon myself to give the endowment value of so-and-so [to Hekdesh]," he must give the specific value that the Torah designates for the person's gender and age group as stated in Vayikra 27:1-8 (see below, (b)). It makes no difference at all whether the person is healthy or sick, strong or weak.
(b) The Erech that the Torah specifies for children between the ages of one month and five years is five Shekalim for males and three Shekalim for females (Vayikra 27:6). For youths and young adults between the ages of five years and twenty years, the Erech that the Torah specifies is twenty Shekalim for males and ten Shekalim for females (Vayikra 27:5). For adults between the ages of twenty years and sixty years, the Erech that the Torah specifies is fifty Shekalim for males and thirty Shekalim for females (Vayikra 27:3-4). For adults over sixty years of age, the Erech that the Torah specifies is fifteen Shekalim for males and ten Shekalim for females (Vayikra 27:7).

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