CHAZARAH - Menachos Daf 93 | "Nothing but the Daf" with R' Eli Stefansky

[music] >> Good morning rabboisai. We learn in the mishna in marashus of smicha. Welcome everybody for coming and I saw lumps. We're holding three lines from the top of the olive on top. Hayere soima. We saw the mishna that a son who inherits an animal that was designated as a carbon from his father. So the yoresh, the the inheritor, he does smicha. The problem is Tony Hanani yoresh ain oisev. Now that you got everybody in a good mood. You got to learn some Torah. The yoresh does not do smicha. Yoresh ain oimeimer. Is that opposite of what we learned in the mishna? Over here it says the yoresh does not do smicha. The yoresh cannot do tmura and say, "Oh, animal B looks so much better than animal A which my father designated. Let me put animal B instead of animal A." Now animal B becomes just like animal A and it was over tmura. It doesn't work, says the the braisa. So first the gemara also Rav says banan nan yoresh oimeimer is not in the sach of three things. Oimeimer says in our mishna yoresh does smicha and he brings the the the the libations, the wine, the flower, the oil, everything. Oimeimer and does tmura. Omer lei Rav Hiyya, you want me to flip it? You want me to say that the yoresh does do smicha? Omer lei Rav Shimon says, "No, no, no. I'm just trying to test you over here. Lo imasnisochma no imasnisochma imasnisochmoney. Who's the braisa? Masnis doesn't mean a mishna over here it means the braisa. Rebbi Yehuda. This is Rebbi Yehuda the son yoresh soimech yoresh oimeimer. That's like our mishna the yoresh does do smicha. Rebbi Yehuda imai yoresh ain oisev yoresh ain oimeimer. Rebbi Yehuda is of the opinion the opposite of our mishna. I don't know, I didn't see but a lot of times they say stam mishna is Reb Meir so it makes sense Reb Meir and Rebbi Yehuda. Reb Meir in our mishna says the inheritor does smicha and Rebbi Yehuda says no. My taima Rebbi Yehuda. Where did Rebbi Yehuda get this idea that yoresh should not do smicha? Korbonai v'li korban aviv. Because we if you look at the top of the amud this is what we finished off the shiur yesterday it says korbonai three times. Which the gemara is going to repeat again today [clears throat] the three the three things they three lessons we learn from the three korbonais. Rebbi Yehuda steals one. He takes one and he says korbonai ah. It has to be your own not your father's korban. The oiles t'chilas haigdish v'soif haigdish. Once you know that inheritor does not do smicha, he also learns from there that he doesn't do tmura. The gemara calls the beginning and the end. The beginning is where you could do tmura the end is where you do smicha because smicha is all the way at the tail end right before you shacht at a moment before you shacht. So he says the oiles t'chilas haigdish I learned tmura where I could do tmura from from haigdish from soif haigdish which is the smicha. And what's soif haigdish? Yoresh ain oisev. Av t'chila haigdish yoresh ain oimeimer. Just like the yoresh cannot do smicha he cannot do tmura. So oh. So we have a Rebbi Yehuda that says that a yoresh inheritor does not do smicha does not do tmura and rabbonan say no. Since there's an actual word it shouldn't it should have just said homer you do tmura. What's homer yomer? The rabbonan say yoresh. It says the word homer twice. L'rabos es ha yoresh to to include the the inheritor the inheritor that he what he does smicha. The oiles so sorry that he does tmura. He does tmura. And once it's the opposite of Rebbi Yehuda once I know tmura so I know smicha. Rebbi Yehuda says once I know smicha I know tmura. Chachamim say but and he was going the opposite. Once I know smicha no so tmura no. And now I'm going to say once I know tmura yes so smicha yes. It's just where you start from from the beginning or the end. It's the same idea. The oiles soif haigdish mit'chilas haigdish. I learned the end of haigdish meaning this the the smicha part the shchita smicha from the beginning. Ma t'chilas haigdish yoresh meimer just like we learned from homer yomer that the inheritor does tmura. Av soif haigdish yoresh soimech. So too he does smicha. V'rabbonan mikorbonai oivdai. It says Rebbi Yehuda learns from korbonai that only his his own korban you don't do smicha on a father's korban. So what do what do rabbonan do with this? So this is what we learned yesterday. So we're doing chazarah it's a freebie. Korbonai v'li korban goi. The goi's korban does not require smicha. Korbonai v'li korban chaveiro. And you are not permitted to do smicha for your friend. Korbonai l'rabos kol ba'alei korban l'smicha. And if there's five partners, 25 partners, every single one of the partners must do smicha. Rebbi Yehuda l'rabos kol ba'alei korban l'smicha leslei. He argues and he says if there's 25 partners one partner brings it to the beis hamikdash does smicha and that's it. V'inami is that even if Rebbi Yehuda would hold that every one of the 25 people have to do smicha goi d'chaveir michad characha. I don't need two special psukim to teach me do not do for a goi do not do for your friend. It's the same exact idea. Do not do it for another human being. What's the difference goi not goi? If I don't do it for my friend I still I don't do it for a goi. If I don't do it for a goi I don't do it for my friend. I I yachas v'lei trey krovos therefore I have two extra korbonais chad korbonai v'li korban aviv. That's what he's learning. That the korban comes to say not for your father. The other one like we said before Rebbi Yehuda l'rabos kol ba'alei korban l'smicha that all the all the um people that are partners there have to do smicha. Rebbi Yehuda hai homer yomer mai oivdai. Chachamim learn from homer yomer that it says that if that a yoresh he could do tmura. So what does Rebbi Yehuda do with it? He says the yoresh cannot do tmura. So he has extra word yomer. What does he do with it? B'yom yomer rabos es ha'isha. That a woman could do tmura. Why would I think not? The sign of the future kol ha'inyan kol ha'inyan b'davur b'lashon zachar. The whole entire parsha of tmura just talks about a man man man. Zachar zachar zachar. Maseches rabos es ha'isha. How could we even include a woman? Tam lo yomar homer yomer that we we add her we say that she could do tmura because of this actual word. V'rabbonan how do they know that a woman could do tmura if they already used up homer yomer for something else? Darshimu v'im from the vav of im. Rebbi Yehuda v'im lo darsh. He doesn't he doesn't hold that you could learn a drasha from the vav. Zog deilei gemara mishna. We're doing great here now. Telling you easy so get smushed. Hakol soimechin. I love this. Everybody does smicha. Everybody besides everybody. We we left no one on the list. Why? I'll tell you why. First of all right here right off the bat. Hakol soimechin m'cheireish shoiteh. This should take away 99% of society. Hakol soimechin chutz m'cheireish shoiteh v'koton. These three the it's a deaf mute right always. Cheireish doesn't mean deaf. Cheireish means deaf mute. So in the time of the gemara they were illiterate they they're considered they don't have das. They can't they can't have kavana. A shoiteh is a shoiteh. Koton. When you do smicha you have to have the kavana. You have to be able to to say I am doing I'm leaning on this. I'm I'm doing it l'shem mitzvah. V'suma and a blind man cannot do smicha. V'nochri and idol worshiper. V'eved v'shaliach v'isha. We have the slave, the shaliach, and a woman. Then says the mishna u'smicha sheyarei mitzvah. The smicha is the leftovers of the mitzvah. What does it mean it's the leftovers? It's not the ikar mitzvah. It's not ma'akev. So if you didn't do smicha you're you're okay. You don't have to bring another korban. How do you do it? Al ha'rosh b'shtei yadayim. Two hands on the head. Al ha'rosh b'shtei yadayim. Smicha is with two hands. U'v'makom she'soimechin shoichatin. Oh. So the mishna acharei says two halachos here. It actually pops up here as two halachos but the gemara is going to say that's one halacha. It's I just noticed now this is a sign in the chashmonaim. As if it's two separate halachos. So what? In the place maybe it is. It's a one it's one halacha that that it comes out two things. That al u'v'makom she'soimechin shoichatin. In the same area where you do the smicha you do the shchita. V'takef l'smicha shchita. If you notice over here in the pasuk v'samach yado al rosho oilo that's the beginning of pasuk dalet. And right afterwards it says v'shachat. So smicha and shchita they go one after the other. They follow each other and there shouldn't be any basically shouldn't be a hafsek between the two. You have also like um this halacha of takef l'netilas yadayim like you wash your hands you say bracha. There's a certain like you know they're one after another. That kind of halacha. Says the gemara b'mishna m'cheireish shoiteh v'koton it's that's easy. I know cheireish shoiteh v'koton can't do smicha d'lo b'nei deino you need kavana they don't have kavana. Nochinami that I could get b'nei Yisrael soimechin going and soimechin. So I'm just going to steal from Tosafos over here on amud beis and then he it's pashet the gemara says that there's no smicha by women because the gemara doesn't bring it here m'foresh because of the same pasuk. B'nei Yisrael. The the b'nei Yisrael are not b'nos Yisrael. Okay. Elo suma mai taima lo. Why is a blind blind man excluded from smicha? Machlokes Rav Chisda and Rav Yitzchak bar Avdimi. Chad omer asya Smicha Smicha miziknei eida. I learn from the Sanhedrin by the par held dover. And just like in the Sanhedrin, you can't be part of the Sanhedrin if you if if a person is blind chas v'shalom, can't be part of the Sanhedrin. Has to be able to do negiyos, has to see. So too, so we learn Smicha Smicha that by Smicha also a person can't be blind. So Tosafos on Amud Beis I I know I I put it in the slides but I can't find it now. He says just dibur hamaschil oh it even says that it belongs in Amud Aleph. Samach Amud Shin Reish. Yep. So it says asya Smicha Smicha miziknei. Teymom can bring a mum kol mum as Tosafos a bomb question. Sanhedrin can't have any mum. Can't have a broken arm. You can't you can't have a a missing ear. So it's nothing to do with So then so then anybody has a missing ear, broken arm, can't do Smicha. There's nothing to do with blind. If you're going to learn from the Sanhedrin and Sanhedrin can't have a mum so then blindness is not the only mum. And then he says and the the other shita that we didn't even get to, that he learns from Olas Re'iyah and the might sum about the man of also another bomb question. So then a person that's blind in one ear should also in one eye should also blind in one eye should also be pasul from Smicha. And then okay. And then he asks and then why do you need a special pasuk Bnei Yisrael to say that not Bnei Yisrael and not women women can't be part of Sanhedrin. So that pasuk alone takes care of women. Okay, a bunch of good questions. Kol panim. So that we're at two three lines from the bottom. V'chad omer asya Smicha Smicha m'olas Re'iyah. I learn What's Olas Re'iyah again? Raboisai we got to get this straight. Everybody must remember this. Olas Re'iyah is the oilah when you come to see Hakadosh Baruch Hu. You come to the Beis Hamikdash. You come and you get off from Chicago and you know these guys they come in. If I were to do that in um in the time of Beis Hamikdash, I would have to bring a korban. Olas Re'iyah. What do you You can't come into the Beis Hamikdash shalom aleichem. Who are you? You come Today we bring a ripped shirt or you know the kittel shirt that you don't have to rip you do rip. Yeah? They have to come come with a korban. Come like a mensch. Say hello. Say bring something special to the Ribono shel Olam. So it's Olas Re'iyah. The what? Chad omer asya Smicha says by Olas Re'iyah Smicha. And obviously Olas Re'iyah seeing you see Hashem. A blind man is pasul from this korban. What about the other Olas Re'iyah my time yaaleh from ziknei eida? Nothing more just going to do the the classic. If you learn it from Olas Re'iyah, how come you didn't learn it from the Sanhedrin? And if you learn from Sanhedrin, how come you didn't learn it from Olas Re'iyah? My time yaaleh from ziknei eida. Now after I give on Amud Beis, don't even dream about saying pasuk now. Don't yaachim yaaleh and don't yaachim mitzibbur. Because the Olas Re'iyah is an individual korban. It's not a communal korban. And par held dover is a tzibbur. So I don't want to learn from the tzibbur it's different. V'loman d'omer l'man d'yaaleh miziknei eida. And one that learns ziknei eida my time yaaleh from Olas Re'iyah. Why don't you learn from the other one that's yachid better no? No. Don't immediately see it's Smicha b'gufah may see may Smicha b'gufah. I want to learn from a place that it says the word Smicha in the pasuk. Olas Re'iyah doesn't say m'forash Smicha. D'gufah may d'davar he only learns from another place m'as davar. D'tanya tanya kama d'Rav Yitzchak bar Avdimi. V'yageish Olas Re'iyah yaaseh kamishpat. This is the word kamishpat. Kamishpat d'Olas davar to be like Olas davar but by by Olas Re'iyah doesn't say Smicha. L'meimar Olas Re'iyah d'Olas Smicha. Great. So each one has a reason why you he doesn't learn from the other pasuk. Okay. V'eved v'shaliach v'isha. These three do not do Smicha. Tanya Rabbanan it says in the Torah the word yad o three times. Yad o v'lo yad ad. Yad o v'lo yad tzo. Yad o v'lo yad ishah. So since it says three times, not the hand of a slave, not the hand of a shaliach, and not the hand of his own wife. Says the Gemara kol kol hani l'mali. Why don't you three just say learn one all of them? It should say one time yad o and the other includes eved, shaliach, wife. Tzricha k'tzad rachmana chad b'meina l'mudi eved l'vad m'itzis. I wouldn't know that it comes to exclude anything but a slave. Why? Because a slave is the least connected to a full time Jew. He has mitzvos but not a regular amount of mitzvos. So therefore maybe that's why he can't do Smicha for you. He's different than you. Av shaliach d'bar mitzvah. You're talking about another another Jew. Another Jew can do mitzvos just like you. So if if you can do the mitzvah he can do it for you. Why? He can do your your son's bris milah for you. He can do a lot of things for shlichus. Why can't he do Smicha? Oh. Av shaliach d'bar mitzvah shlichus d'am kamoi soi. Eima l'ismach. He's just like you. He can even bring a korban Pesach for you. Everything. V'yashmi'einu anachnu and if it said eved and shaliach d'lav k'gufah damya. Because it's not like the body. It's not like you yourself. Av isha the famous line Raboisai. Ishto d'k'gufah damya. A wife is like you yourself. Eima t'ismach. Maybe she should have the ability to do Smicha for you. Tzricha. Says the Gemara Smicha shiyurei mitzvah. Says the Mishna the what? Smicha is like the leftover so to speak of the mitzvah. The what we [clears throat] explained it's not m'akeiv. If you don't do it it's not the end of the world. Tanya Rabbanan. Says in the pasuk b'samach b'ne'ertzah that if you do Smicha you get a kaparah on the aveiros. V'chi Smicha m'chaperes v'lo yihiye kaparah l'adam. What do you mean? What are you talking Everybody knows anybody that learns shulchan aruch knows that the number one avodah on the on the korban is the zrikas hadam on the mizbei'ach. That's a weird one that I found but you get the idea. The idea is that the the the dam is m'chaper not the Smicha. Who Who came up with the Smicha? V'chi Smicha m'chaperes v'lo yihiye kaparah l'adam. She'ne'emar ki adam u'venafsho y'chaper. So what's the Torah say? The Torah says b'samach b'ne'ertzah that you get a kaparah so to speak from the Smicha. V'lo l'ma'aseh Smicha shiyurei mitzvah. That if you had this idea that you should do Smicha as a side thing. In other words you're not going to do Smicha. Mal ovel kasuv k'ilu lo kiper v'kiper. So I can see a person saying look, I brought a korban. Say thank you that I brought this korban. I did everything. So I didn't lean on it. I don't feel like leaning on it. It even says in the Mishna that it's not the end of the world. It's a shiyurei mitzvah. So you should know that if you do that mal ovel kasuv the Torah considers it k'ilu lo kiper v'kiper. You didn't get a complete kaparah. You got a kaparah but it's you didn't do it in the right way. You didn't do it like the mitzvah was supposed to be done which is to do the Smicha. V'tanya gam nufah k'ayl gam we see a very similar thing waving. V'nufah l'chaper. V'chi nufah m'chaperes what? Is it It says m'forash in the pasuk v'nufah l'chaper to do nufah. There is nufah. Yeah. I need it for the next Gemara but we're going to show it over here. If I can oh. Just to take the the the chaze of the shok and to wave in different directions. Does that do the kaparah? It's not the kaparah. What gives the kaparah? Mal ovel kaparah l'adam. It's the blood. So you do zrika. She'ne'emar ki adam u'venafsho y'chaper. Elo l'ma'aseh but it does the teaching of m'as davar nufah shiyurei mitzvah. If you treat it like a side mitzvah mal ovel kasuv k'ilu lo kiper v'kiper. You get a little kaparah but you didn't do it the right way. The bottom line I think we should learn from here is don't be m'zalzel in any type of mitzvah. In other words don't say oh this is a side this is a side point. They made it up. It's not m'forash in the Torah. That zilzul that these Rabbis you know they they use these l'shainos. That that's not good. That that takes away from the mitzvah. Al harosh. The Smicha must be done on the head. Tanya Rabbanan yad o al harosh v'lo yad o al hatzavar. His hand should be on the head and not on the neck. Yad o al harosh v'lo yad o al hagav. Not on the back. Yad o al harosh v'lo yad o al hachaze. Did I tell you it's a easy Gemara? Mamesh not. Smooth sailing over here. Do it on the head and not on the on the breast. Kol hani l'mali. On the chest. Tzrichi d'k'tzad rachmana chad chaze says it's like the chaze of the shok. It's the the breast and thigh but it's really the chest. Kol hani l'mali. Tzrichi d'k'tzad rachmana chad. L'mudi tzavar d'koyel hadi rosho. I would say oh it comes to exclude the neck because the neck is not in the same plane as the head. Av gav d'koyel hadi rosho. But the back is the continuation of the head. Elo so it's a big deal so you do it over here. You do it a little bit further down. I don't want to go next to his head. May bite me. I don't know. Elo so maybe it's not excluded. Tzricha. It is excluded. V'yashmi'einu anachnu m'shum d'lo yishaveh l'nufah. When it comes to the the neck and the back there's no nufah. Av chaze d'ishaveh l'nufah. But the the the chaze of the shok you do with nufah with them. D'ishaveh l'nufah. Eima l'ai. Maybe you could do a Smicha there. Tzricha. Eiboy lo. Yad o al hatzodei mav. What if you put the hand on the side of the head? Like not over here like over here by the jaw. Tashma. Apropos d'tu. D'tanya Avira d'Rav Elazar b'Rav Yakov yad o al harosh v'lo yad o al hatzodei. Don't put it on the side of the head. So we do have a video here. Says the Gemara boy Rav Yirmiyah matlis. Where are we? Like 20 lines from the bottom. 2 4 6 8 10 12 14 16 18 20 22 lines in the bottom. Boy, you're a rebbe, rebbe. Mateless mouse you for person I can see why a person doesn't want to touch the animal. It's not the cleanest thing. So, maybe he wants to put a towel. Maybe he wants to wear some gloves. Tushma. It's a problem cuz it's mistake. How do you know you have to do smicha with two hands? Yodov. And notice it says Yodoi it says Yodoi without a Yud. It says Shte. No. Without the kudus, we would read it Yodoi. But we know we have a tradition that we read it Yodov. It's interesting we're writing Yodov. So, it teaches us that when it says Yodoi, Yud Daled Vav, it means two. Why? Because the word two comes right before it. Shte Yodov. It should be Yodoi should be two. Says the story of comes with Elazar brings on the beamer he says I have a mighty chiddush. Says Yodoi, Shte Yodov. And every time it says Yud Daled Vav it means two. He didn't say it in the name of is very upset at him. You didn't mention in my name. On my way. So, now says, you know what? You pretended it was your own shtickel. So, now you're going to have to defend it. I'm going to ask you questions on it. And let's see if you can defend it. If it's yours, you should know how to defend it. If Yud Daled Vav if Yud Daled Vav means both. You see now now you see why he said over there it said Yodoi Daled Vav. And we we read it Yodoi. Same idea. It's like a four-letter word which is a three-letter word. And he wrote it Yud Nun Hey. Okay. So, now it reminds you of this. Yud Daled Vav Yud Nun Hey. If yours if you're convinced that Yud Daled Vav means two, why why is there a four-letter word in the Torah? Yud Daled Yud Vav. Why is there a Yud? Every time it says Yud Daled Vav I know it's two. So, what's the point of of of of putting in an extra Yud then? Yodov actually oh Yodov Yodov actually has four Yodov. He has 24 Yodov. Where does it say it? Yodov to Vienna. Yodov Rav Loi. When I'm reading it, I'm saying to myself maybe actually used this particular Yodov as a cement to what he was doing. Yodov Rav Loi. Like fighting. More like uh uh Yeah. I mean that's what it's about. Moshe Rabbeinu was speaking about Yehuda. Yodov Rav Loi. Like it's more like a rib. It is. Like a fight. You you mixed up the hands by Yaakov Avinu. But over here you you mixed up the whole Yodov part that I said. Anyway, Elazar didn't know what to answer because why does the Torah say Yud Daled Yud Vav when the Torah could say Yud Daled Vav and it means the same thing? Means two. After calmed down. I don't know. To me it shocked me. Not shocked me. It's like this is He calms down. He's upset. He calms down. Yeah. You know? He thought about it a little bit. He was in a better mood. And he says Yodov the smicha came to me. If you were The way I answered it is that I'm I was it's my vartz. I'm I was only talking about smicha. In the parsha of smicha when it says Yud Daled Vav it means two. The rest of the Torah there's 24 other places that says differently. I wasn't talking about that. I'm talking about smicha. She says, yeah, I thought about that. But by smicha Moshe put his hands on Yehoshua and he commanded him. But it says Yodov with with two Yuds not one Yud. So, your vartz doesn't work. You tell me it's only by smicha and only by smicha it says Yud Daled Vav. No. I have a case of smicha that says Yud Daled Yud Vav. She says, no. Smicha I'm talking about every time it refers to smicha on an animal. By a korban not on human beings. By Yehoshua. I don't know. Over there every single time it means two hands and it's only written Yud Daled Vav not Yud Daled Yud Vav. Ooh. My comer. What's what is he saying? In other words, it's all the all the mission had to say is smicha shchita. Right after smicha you do shchita. And it's in the same spot that you do that where you do smicha where you do shchita. If it has to be one after another, then it's in the same exact spot. So, the whole sentence is extra. Where it says how can I come here? You're right. But how do I know that in the same place they do smicha shchita? Why? Because of smicha shchita because they have to come one after another. So, they have to come one after another. Therefore, in the same place that you do smicha you do shchita. My voice I have a wonderful day. Thank you so much for coming. And thank you to the baal habos. >> [music] >> Merit the schuss of spreading Torah throughout the world. Sponsor a shear today. mdy.sponsor.com or sponsored.mdy.org. [music]