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Beitza Rosh Hashana
NOTES Rav Yosef said to Abaye: Th is is not so; rather, both according to me ֲ אַמר ֵל ּיה: ֵּבין ְלִד ִ ידי ֵּבין ְלַר ָּבה ִאית ָלן Apparently, the : ֶּׁשַיְּחפוֹר ְּבֶדֶקר – and according to Rabba we are of the opinion that the ruling is in Then he digs with a shovel conclusion is that Beit Shammai and Beit Hillel disagree ְּדַר ִּבי זֵ ָ ירא, ְוָהָכא ְּבָהא ָקא ַּ ִמפְלִגינַן: accordance with the opinion of Rabbi Zeira, and here we disagree over whether regular earth in a courtyard is muktze or ַר ָּבה ָסַבר, ִאי ִא ָ ּיכא ָﬠָפר ָּ ְלַמטה – with regard to this matt er: Rabba holds that if there is prepared whether it is considered prepared and may be carried and ִאין, ִאי ָלא – ָלא, ָחְי ׁ ִישינַן ִּדְלָמא earth beneath, yes, in that case one may slaughter an animal, but if used for covering (Rid). It is permitted to use the earth after there is no earth prepared beneath, no, he may not slaughter it at all. the fact, as the positive mitzva by Torah law to cover the ִמְמִל ְיך ְוָלא ָׁשֵחיט. ּוְלִד ִ ידי ( ַאְּדַר ָּבה), Why not? Rabba says: We are concerned that perhaps one will blood overrides the rabbinic prohibition against moving ָהא ֲﬠִד ָ יפא, ְּדִאי ָלא ָׁשֵרית ֵל ּיה ָאֵתי .(reconsider and not slaughter it at all, and he will have dug a hole on muktze objects (Shitta Mekubbetzet ְלִאְמ ּ נוֵﬠי ִּׂ ִמשְמַחת יוֹם טוֹב. וְ הוּא – a Festival unnecessarily. And according to my opinion, on the con- And that is when one has a shovel embedded The mishna alludes to this halakha, as it : ֶׁשֵיּׁש לוֹ ֶּדֶקר נָעוּץ -trary: Th is situation, in which he is permitt ed to dig fi rst, is prefer able, since if you do not permit him to dig in all cases for the pur- does not simply state: He digs and covers the blood, but pose of slaughter, he will be unable to eat meat and will refrain from rather: He digs with a shovel, which indicates that there is a shovel ready for this purpose (Ĥatam Sofer, 2nd ed.). -
Melilah Agunah Sptib W Heads
Agunah and the Problem of Authority: Directions for Future Research Bernard S. Jackson Agunah Research Unit Centre for Jewish Studies, University of Manchester [email protected] 1.0 History and Authority 1 2.0 Conditions 7 2.1 Conditions in Practice Documents and Halakhic Restrictions 7 2.2 The Palestinian Tradition on Conditions 8 2.3 The French Proposals of 1907 10 2.4 Modern Proposals for Conditions 12 3.0 Coercion 19 3.1 The Mishnah 19 3.2 The Issues 19 3.3 The talmudic sources 21 3.4 The Gaonim 24 3.5 The Rishonim 28 3.6 Conclusions on coercion of the moredet 34 4.0 Annulment 36 4.1 The talmudic cases 36 4.2 Post-talmudic developments 39 4.3 Annulment in takkanot hakahal 41 4.4 Kiddushe Ta’ut 48 4.5 Takkanot in Israel 56 5.0 Conclusions 57 5.1 Consensus 57 5.2 Other issues regarding sources of law 61 5.3 Interaction of Remedies 65 5.4 Towards a Solution 68 Appendix A: Divorce Procedures in Biblical Times 71 Appendix B: Secular Laws Inhibiting Civil Divorce in the Absence of a Get 72 References (Secondary Literature) 73 1.0 History and Authority 1.1 Not infrequently, the problem of agunah1 (I refer throughout to the victim of a recalcitrant, not a 1 The verb from which the noun agunah derives occurs once in the Hebrew Bible, of the situations of Ruth and Orpah. In Ruth 1:12-13, Naomi tells her widowed daughters-in-law to go home. -
Of Selected Amoraim/Saboraim
INDEX OF SELECTED AMORAIM/SABORAIM Abuha de-Shmuel n. 190, 95–97, 66, 95–97 and activity in Nehardea 4 n. 6 n. 269 R. Adda b. Ahava I chronological location 37–43 chronological location 112 confused with “the Nehardean pupil of Rav 112 say” 42–43 R. Adda b. Ahava (Abba) II confused with Amemar bar Mar chronological location 112 n. 69 Yanuka 41 pupil of Rava 112 n. 69 confused with R. Yemar 41 R. Adda b. Minyumi died during R. Ashi’s lifetime 40–41 chronological location 148 n. 115 geographical location 44–45 subject to the authority of halakhic rulings in actual Rabina 148 n. 115 cases 55–66 R. Aha b. Jacob halakhic rulings issued in Nehardea and the exilarch 135 67–82 chronological location 133–136 halakhic rulings issued in Sura, does not interact with second and Mahoza or Pumbedita 55–56 third generation amoraim 134 interpretation of tannaitic present in R. Huna’s pirka 136–138 sources 84–91, 93–94 and n. 256 quotes halakhic tradition in the legal methodology compared name of third generation with Nehardean amoraim 84 amoraim 133–134 (Samuel, R. Sheshet, subordinates to R. Nahman 133 R. Nahman), 92–93 and n. 252 and n. 26 (R. Zebid of Nehardea), 176 superior to R. Aha son of (R. Zebid of Nehardea), 193 R. Ika 135–136 (R. Dimi of Nehardea) superior to R. Elazar of Hagrunya literary contribution compared with and R. Aha b. Tahlifa 136 sages from his generation 84–85, superior to R. Papa/Papi 135 93–94 n. -
Moshe Raphael Ben Yehoshua (Morris Stadtmauer) O”H Tzvi Gershon Ben Yoel (Harvey Felsen) O”H
6 Tishrei 5781 Eiruvin Daf 46 Sept. 24, 2020 Daf Notes is currently being dedicated to the neshamot of Moshe Raphael ben Yehoshua (Morris Stadtmauer) o”h Tzvi Gershon ben Yoel (Harvey Felsen) o”h May the studying of the Daf Notes be a zechus for their neshamot and may their souls find peace in Gan Eden and be bound up in the Bond of life Abaye sat at his studies and discoursed on this subject the ocean? — Rabbi Yitzchak replied: Here we are dealing when Rav Safra said to him: Is it not possible that we are with a case where the clouds were formed on the eve of dealing here with a case where the rain fell near a town the festival. But is it not possible that those moved away and the townspeople relied on that rain? — This, the other and these are others? — It is a case where one can replied, cannot be entertained at all. For we learned: A recognize them by some identification mark. And if you cistern belonging to an individual person is on a par with prefer I might reply: This is a matter of doubt in respect of that individual's feet, and one belonging to a town is on a a Rabbinical law and in any such doubt a lenient ruling is par with the feet of the people of that town, and one used adopted. But why shouldn’t the water acquire its place for by the Babylonian pilgrims is on a par with the feet of any the Shabbos in the clouds? May it then be derived from man who draws the water. -
The Babylonian Talmud
The Babylonian Talmud translated by MICHAEL L. RODKINSON Book 10 (Vols. I and II) [1918] The History of the Talmud Volume I. Volume II. Volume I: History of the Talmud Title Page Preface Contents of Volume I. Introduction Chapter I: Origin of the Talmud Chapter II: Development of the Talmud in the First Century Chapter III: Persecution of the Talmud from the destruction of the Temple to the Third Century Chapter IV: Development of the Talmud in the Third Century Chapter V: The Two Talmuds Chapter IV: The Sixth Century: Persian and Byzantine Persecution of the Talmud Chapter VII: The Eight Century: the Persecution of the Talmud by the Karaites Chapter VIII: Islam and Its Influence on the Talmud Chapter IX: The Period of Greatest Diffusion of Talmudic Study Chapter X: The Spanish Writers on the Talmud Chapter XI: Talmudic Scholars of Germany and Northern France Chapter XII: The Doctors of France; Authors of the Tosphoth Chapter XIII: Religious Disputes of All Periods Chapter XIV: The Talmud in the Sixteenth and Seventeenth Centuries Chapter XV. Polemics with Muslims and Frankists Chapter XVI: Persecution during the Seventeenth Century Chapter XVII: Attacks on the Talmud in the Nineteenth Century Chapter XVIII. The Affair of Rohling-Bloch Chapter XIX: Exilarchs, Talmud at the Stake and Its Development at the Present Time Appendix A. Appendix B Volume II: Historical and Literary Introduction to the New Edition of the Talmud Contents of Volume II Part I: Chapter I: The Combination of the Gemara, The Sophrim and the Eshcalath Chapter II: The Generations of the Tanaim Chapter III: The Amoraim or Expounders of the Mishna Chapter IV: The Classification of Halakha and Hagada in the Contents of the Gemara. -
Shabbat Volume 1.Indb
Perek III Daf 36 Amud b NOTES With regard to a stove that was litN on Shabbat eve A stove that was lit – : The early מתניפ ִ ּ כי ָ אה שׁ ֶ ִ ה ִּ ס י ּ ו ָה ַ ּ ב ַ ּ שׁ ִ ּכי ָ אה שׁ ֶ הִ סִּ י ּ ו הָ with straw or with rakings, scraps collected from -Mishna commentaries explained this issue in differ וּבַ ּג אְבָבָ – נֹותְנִים עָלֶ יהָ ּתַבְשׁ ִ ילד בַּ ֶּג ֶ ׳ת the field, one mayplace a pot of cooked food atop it on Shabbat. The fire ent ways. Many of the ge’onim and those who וּבָעֵצִ ים – לֹא ּןֵ יִת דעַ ֶ שׁ ּיִגְ אֹוב, אֹו דעַ ֶ שׁ ּיִ ֵּ תן in this stove was certainly extinguished while it was still day, as both straw adopted their approach state that this mishna : and rakings are materials that burn quickly. However, if the stove was lit and those that follow are not discussing the אֶ ת הָאֵ ֶ׳אד בֵּ ית שׁ ַ ַּ מאי אֹומְ ִ אים, חַ ִּ מין לו .with pomace, pulp that remains from sesame seeds, olives, and the like question of inserting the pot into the stove אֲבָל לֹא ּתַבְשִׁיל וּבֵית הִ ֵלּל אֹומְ ִ אים, after the oil is squeezed from them, and if it was lit with wood,H one may Rather, they are discussing a case where the חַ ִּ מין וְתַבְשׁ ִ ילד בֵּ ית שׁ ַ ַ ּמאי אֹומְ ִ אים, not place a pot atop it on Shabbat until he sweepsN the coals from the pot is suspended over the stove. -
Overviewof the Daf Distictive INSIGHT REVIEW and Remember
ט"ז שבט תשע “ ו Tuesday, January 26 2016 גיטין מ “ ד OVERVIEW of the Daf Distictive INSIGHT 1) Clarifying the Mishnah (cont.) The penalty for financial misdeeds כוון מלאכתו במועד ומת לא קנסו את בנו אחריו Another resolution to the contradiction between two Beraisos is presented. 2) A slave taken forcibly from a Jew O ur Gemara cites two examples of a person who acted im- A Baraisa rules that a slave taken as payment for a loan or by properly in order to gain financially. One is where a person in order not to , בכור an extortionist does not go free. intentionally inflicted a blemish onto a This ruling is unsuccessfully challenged. have to give the animal to the kohen and thereby keep it for Another unsuccessful challenge to this ruling is presented. himself, and the other is where a person sold his non - Jewish Rav rules that a slave that was sold to a blackmailer goes free. slave to a non - Jew. In both cases, the person is penalized. In The rationale for penalizing the owner is explained. the first case, the owner is not allowed to slaughter the animal 3) Selling a slave to a non - Jew based upon this particular wound, and in the second case, the R’ Yirmiyah asks a series of questions related to the ruling that slave must be redeemed, even at high cost. one who sells his slave to a non - Jew is obligated to set him free. The Mishnah in Moed Kattan (12b) teaches that although The Gemara answers only some of R’ Yirmiyah’s questions. -
Perek III Daf 9 Amud A
Perek III Daf 9 Amud a BACKGROUND Th is is a measure that was used in the past, but no longer in ַה ְי ׁ ָש ָנה. ָא ַמר ַר ִּבי ָיוֹח ָנן: ָה ֵדין ִ ּד ַידן ,Cups were made of various materials, including silver : ּכוֹס – the present. Rabbi Yoĥanan said: Th is is our measure today and Cup gold, glass, and clay. The cup is the smallest drinking vessel and ּהוא, ְו ָל ָּמה ָקֵרי ֵל ּיה ַﬠ ִּת ָיקה ִמן ְּב ִגין .it is not so old. Th e Gemara asks: Why does the tanna of the can hold about a quarter-log of liquid ַ ּד ֲהָוה ְּב ֵיוֹמי? baraita call this measure old when it was still being used in his day? -Th e Gemara answers: Some say that this measure was origi ִאית ְ ּד ָא ְמִרי: ַ ּד ֲהַות ְז ֵﬠ ָירא ְוַר ְּב ְּתָיא, nally small and it was made larger, and some say that aft er ְו ִאית ְ ּד ָא ְמִרי: ְ ּד ַאְז ִﬠ ָירא, ְו ָלא ַאְז ִﬠ ָירא it was enlarged it was again made smaller, but not as small as ְּכ ָמה ַ ּד ֲהַות. it had been originally. Since this measure was not of the same size at all times, the tanna of the baraita was precise when he said that a quarter-log is equal to the old measure of one-eighth. So too, Rabbi Yoĥanan was precise when he said that this was the measure used in his day. Th e Gemara asks: In terms of the measures currently in use, what ַּכ ָּמה ּהוא ׁ ִש ּיעור ׁ ֶשל ּכוֹס? ַר ִּבי ֵיוֹסי B is the measure of a cup that holds a quarter-log? Rabbi Yosei ְּב ׁ ֵשם ַר ִּבי ֵיוֹסי ֶּבן ָּפִזי ְוַר ִּבי ֵיוֹסי ַּבר in the name of Rabbi Yosei ben Pazi and Rabbi Yosei bar ֵּב ָיבי ְּב ׁ ֵשם ַר ִּבי ׁ ְש ּמו ֵאל: ֶא ְצ ָּב ַﬠִיים Beivai in the name of Rabbi Shmuel said: Two fi ngers long by ַﬠל ֶא ְצ ָּב ַﬠִיים ַﬠל ּרום ֶא ְצ ַּבע ּו ֶמ ֱח ָצה two fi ngers wide by the height of one and a half fi ngers and .one-third of a fi nger ּו ׁ ְש ִל ׁיש ֶא ְצ ַּבע. -
Daf Ditty Shekalim 21-Dolabra
Daf Ditty Shekalim 21:Burial Tools/Dolabra The "Tombs of the Kings", believed to be the tomb of Queen Helene of Adiabene; 19th-century lithograph by William Henry Bartlett رﻮﺒﻗ :Keveri HaMlakhim; Arabic רבק י כלמה םי :The Tombs of the Kings (Hebrew French: Tombeau des Rois) are a rock-cut funerary complex in East ; ﻦﯿطﻼﺴﻟا Jerusalem believed to be the burial site of Queen Helene of Adiabene (died c. AD 50–56). The tomb is mentioned by Josephus who writes about Helena, queen of Adiabene, a small kingdom from Mesopotamia (today part of Kurdistan, northern Iraq) who came to Jerusalem at the end of the Second Temple Period. Her family converted to Judaism and built a palace in the area today known as the City of David. Helena's son Monobaz II had her remains and those of his brother buried "three stadia from Jerusalem." Medieval Europeans mistakenly identified the tomb as belonging to the kings of Judah.1 1 https://www.haaretz.com/israel-news/.premium.MAGAZINE-france-orthodox-jews-archaeologists-battle-over-e-j-lem-s-tomB- of-the-kings-1.6766370 1 Halakha 1 · MISHNA The mishna discusses the ritual purity of items found either in the Temple or in Jerusalem and its environs, in continuation of the previous chapter’s discussion of found money, animals, or meat. All the spittle that is found in Jerusalem is ritually pure. Since neither ritually impure people nor gentiles were commonly present in Jerusalem, the Sages decreed an exception to the rule that spittle that is found is ritually impure since it presumably comes from one of those groups. -
Daf Ditty Eruvin 46: the Leniency of Grief (And Eruvin)
Daf Ditty Eruvin 46: The leniency of Grief (and Eruvin) Under the wide and starry sky, Dig the grave and let me lie. Glad did I live and gladly die, And I laid me down with a will. This be the verse you grave for me: Here he lies where he longed to be; Home is the sailor, home from sea, And the hunter home from the hill. Robert Louis Stevenson 1 Rabbi Ya’akov bar Idi said that Rabbi Yehoshua ben Levi said: The halakha is in accordance with the opinion of Rabbi Yoḥanan ben Nuri, that one who was asleep at the beginning of Shabbat may travel two thousand cubits in every direction. Rabbi Zeira said to Rabbi Ya’akov bar Idi: Did you hear this halakha explicitly from Rabbi Yehoshua ben Levi, or did you understand it by inference from some other ruling that he issued? Rabbi Ya’akov bar Idi said to him: I heard it explicitly from him. 2 The Gemara asks: From what other teaching could this ruling be inferred? The Gemara explains: From that which Rabbi Yehoshua ben Levi said: The halakha is in accordance with the lenient opinion with regard to an eiruv. The Gemara asks: Why do I need both? Why was it necessary for Rabbi Yehoshua ben Levi to state both the general ruling that the halakha is in accordance with the lenient opinion with regard to an eiruv, and also the specific ruling that the halakha is in accordance with the opinion of Rabbi Yoḥanan ben Nuri on this issue? Rabbi Zeira said: Both rulings were necessary, as had he informed us only that the halakha is in accordance with the opinion of Rabbi Yoḥanan ben Nuri, I would have said that the 3 halakha is in accordance with him whether this is a leniency, i.e., that a sleeping person acquires residence and may walk two thousand cubits in every direction, or whether it is a stringency, i.e., that ownerless utensils acquire residence and can be carried only two thousand cubits from that place. -
Elements of Negotiability in Talmudic and Geonic Times
8 ELEMENTS OF NEGOTIABILITY IN TALMUDIC AND GEONIC TIMES by ELIMELECH WESTREICH* A. Introduction This article seeks to identify elements of negotiability in Jewish law in the Mishnah and the Talmud and in Geonic times as part of a comprehensive enquiry which aims to determine the degree to which the treatment of deeds in Jewish law is compatible with modern-day life, as well as the ability of Jewish law to conduct a fruitful dialogue with Israeli law in this area.1 Accordingly, I will not confine myself to internal-halakhic categories, which would have sufficed had we been undertaking a purely legal-historical investigation; rather, I will examine the principles of negotiability in Jewish law through categories drawn from the concepts of negotiability in Israeli law, which are none other than concepts of English law.2 I should emphasise that the English concepts will serve only as a looking-glass through which to view Jewish law at various times and places over a period of around one thousand years, rather than as tools for conducting * Associate Professor in Family Law and Jewish Law, Faculty of Law, Tel-Aviv University, Israel. This article is dedicated to the memory of my parents in law, Yafa Sheindel and Shmuel Goldner. 1 Different scholars have dealt with this subject from a variety of perspectives. Some scholars disputed the question of the contribution of Jews to the creation of the bill of exchange in its various incarnations, which was widespread in Europe and in the Mediterranean basin from the time of the Middle Ages. -
Daf Ditty Yoma 4: Access to the Divine, the Paradox
Daf Ditty Yoma 4: Access to the Divine, the Paradox Life … is a tale told by an idiot, full of sound and fury, signifying nothing. William Shakespeare, Macbeth 1 2 3 4 § And a baraita was taught in accordance with the opinion of Reish Lakish that sequestering is derived from Sinai: Moses ascended in the cloud, and was covered in the cloud, and was sanctified in the cloud, in order to receive the Torah for the Jewish people in sanctity, as it is stated: “And the glory of the Lord abode upon Mount Sinai and the cloud covered him six days, and He called to Moses on the seventh day from the midst of the cloud” (Exodus 24:16). This was an incident that occurred after the revelation of the Ten Commandments to the Jewish people, and these six days were the beginning of the forty days that Moses was on the mountain (see Exodus 24:18); this is the statement of Rabbi Yosei HaGelili. The opinion of Rabbi Yosei HaGelili corresponds to that of Reish Lakish; Moses withdrew for six days before receiving permission to stand in the presence of God. 5 Rabbi Akiva says: This incident occurred before the revelation of the Ten Commandments to the Jewish people, and when the Torah says: “And the glory of the Lord abode upon Mount Sinai,” it is referring to the revelation of the Divine Presence that began on the New Moon of Sivan, which was six days before the revelation of the Ten Commandments. And that which is written: “And the cloud covered him,” means the cloud covered it, the mountain, and not him, Moses.