Sunday, February 7, 2016

Daf 16 Amud 2

Once again I would like to give thanks to both Artscroll and R' Aryeh Lebowitz on YUtorah.

continuation from amud alef:
..that is case of ger who is actually chayav to pay (not malkot)
 Suggestion: maybe case of peah is an example of laav hanitak l'aseh (lo taaseh that is fixed with an aseh) that you're punishable by malkot?
Response:The torah allows that even if you violated that commandment and did NOT leave peah in the field, you can take the peah out of the produce itself- and so it is both bitlu vilo bitlu and kimu vlo kimu (he used the product without taking the peah and didn't immediately separate when warned to do so by beit din). If he didn't take peah from the crop, he  can take it from the sheaves, and if not the sheaves, he can take it from the pile. But once he has ground it, he can no longer take peah.
R' Yishmael says: even after you grind it up and make bread out of it you can still take peah!
Gemara responds: but what if he eats it?
Response: Fine- up until that case. But when R' Yochanan told us that there are 2 cases of laav hanitak l'aseh with malkot he meant shiluach hakan and peah--not ones!
 The case of ones on the other hand doesn't have malkot because he could never do an aseh in the case that he made a strong neder to never give her hanaah (remarrying her).
Response: But you can undo the neder For the purpose of a mitzvah! -- Just like a teacher of torah who beats up the kids. R' Acha took a neder that the teacher should never be allowed in a classroom again! But Ravina overturned it because all the kids from the class came out knowing a lot of torah.
Quote from mishna: You get malkos for eating nevailot and traifot and sheratzim...etc/
Gemara: If one eats a worm in cabbage, and R' Yehuda gave him 5 malkot. If a water creature, 4 malkot. A nemala- 5 malkot. A hornet- 6 malkot, because fulfills all the issurim for kinds of insects.

New Topic: R' Achai says, if you have to go the bathroom and you hold it in, you violate the issur of lo tishaktzu-- don't be "gross". R' Bibi bar abaye says drinking from bloodletting utensils also violates this prohibition. Another example of lo tishaktzu is if you crush 9 bugs and one is still whole and together they make a kezayit you get 6 malkot- 5 for the issur of eating a whole bug and 1 for nevailah. Rava says doesn't even have to be 9- could be 2 and a full! R' Yosef says depends on size of bugs.

Mishna quote: If you eat tevel and maaser rishon-- malkot.
Gemara: If you eat tevel of maaser ani you get malkot. This is like the opinion of the tannah who sausin a braiita-- R' Yosi says that you might think you're only chayav if you didn't take anything from tevel. But if you took some but not all, you still get malkot because of the pasuk lo tuchal. (For just maaser ani would be assur)
R' Elazer says you don't have to designate maaser ani of dimai.

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QUESTION: 
The gemara gives 3 examples of the mitzvah of "lo tishaktzu" which seem somewhat random. Is this issur limited to these 3 cases  or are there more things which are "gross" or "abominable" that fall under this category? Also, these 3 issurim under lo tishkatzu are all related to some kind of impurity relating to human/animal bodies. Is this the codified by the halacha in the pasuk (vayikra 20:25)?

2 comments:

  1. The pasuk in vayikra is talking about our obligation to separate between kosher and non kosher animals, and to separate ourselves from eating bugs. I think it makes sense that the mitzvah of "lo tishaktzu" is in this pasuk, because the context of the pasuk is one in which we are discussing separating ourselves from physically eating that which HaShem has told us is abominable to Him. According to Rabbi Ari Enkin, (http://www.torahmusings.com/2012/06/disgusting-behavior/) this mitzvah is subject to interpretation by the Rabbis of a community in a specific time period. We are commanded to separate ourselves from anything that is disgusting, and that is subjective, according to the social norm of a particular place. Therefore, it is not necessarily limited to the three cases that are listed in the Gemara. This is a commandment to separate ourselves from anything that is disgusting and to be holy, clean people.

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  2. The issur of "bal tishaktzu" comes soon before the mitzvah of Kedusha in the Torah. Kedusha, what we strive for as Jews, is attained, according to some opinions (http://www.nishma.org/articles/insight/insight5770-25.htm) by separating ourselves or restraining ourselves from what is prohibited to us. According to this opinion, therefore, "bal tishaktzu" is a mean to an end- kedusha. From this interpretation, it would seem that "bal tishaktzu" is not limited to the three examples mentioned in the gemara, but rather it includes anything "disgusting" that will bring us farther away from attaining Kedusha.

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