Menachos Daf 93

All right, daf tzadi gimmel, this is Tuesday's daf. And yesterday we were talking about which carbonas do not get smicha. And the Gemara brought the braisa that had the drasha from the word carbonai, davka your carbon and not a bachar ma'aser and pesach. And we can understand as the achronim explain that it's davka your carbon that you imbued the kedusha and not the bachar that happens automatically or the ma'aser that happens because it's just the number 10. And even the carbon pesach as the way this fast 70 explains it, it's not quite your carbon because it's all klal yisrael's carbons and since everybody has the same mitzvah of to bring a carbon pesach. Then the Gemara had brought a potential kal vachomer that I might think you do need smicha. Now we're picking it up two lines from the bottom of the amud on tzadi bais mid bais that eekla mifrach, maybe I could schlug up the kal vachomer by saying mal shalom she came to an in the sacha much no fuss cause we shake that has all these extra halachas. That's why you need to have smicha, but you don't have those halachas by bachar ma'aser and pesach which the Gemara says you're right. It's not really cause of the mocker of carbonai in the first place. It's really kroyas machta be alma, they're just a smachtas. Ella, moving moving over to menalif, kroy lamali, why do I need the pasuk of carbonai? It's carbonai v'lo carbon chaveirai that you can't do a smicha for someone else's carbon. Sounds a lot like shlichus which is what the Gemara is going to be memayet on amud bais. And carbonai v'lo carbon avdei kochavim that there's no smicha on a goy's carbon. And Taisus back on sama alef amud bais says an important thing regarding this idea because what would be the hava mina that a would be mechayev in smicha? He says because in the same way that if a sends a carbon, we might supply for him the nesachim, so in the same way we may also supply for him the smicha which does seem to take sides in the shaila of smicha being a din in the gavra or a chiyuv carbon. Because it obviously can't be a chiyuv gavra that we're trying to pinch hit the goy's chiyuv of a chiyuv gavra. But if you understand it to be a chiyuv carbon, maybe there's a hava mina there that you would have to do smicha on the goy's carbon. I ain emek bracha that talks about this chakira about smicha. And lastly, carbonai l'rabas kol baalei chaim l'smicha that if you have multiple owners who are shutafim on a carbon, each one has to do the smicha and it's not that one could do smicha for all the others. Then the mishna had said hayayresh is someach, someone who inherits a carbon does the smicha and he also brings the masachim and he also can affect the tumura and a yaris is much more than just a simple shliach. He's come to save. So he does do the smicha. So yaris ain't the same. He's got a brice that seems to say exactly the opposite. A yaris is not the same. And yaris ain't the same. A yaris cannot affect the tumura. So he had this brice connected to our mishna. Omar said to him, you want me to change the brice? So it should work like the mishna. Omar said to him, no. That brice is going like a different tana. Meaning it's going like the tana because the brice says the yaris same. Yaris may Rabbi Omar yaris ain't the same. Yaris ain't the same. Now my time why would he say that the yaris is not same because carbon carbon the brice says that you do smicha only on your carbon but not on your tatas carbon because you're not the actual bylam. And then the brice says and then he puts together the and the that my brice yaris ain't the same just like at the end we're calling the brice the smicha. Interesting that we call that the yaris doesn't do smicha. The brice says yaris ain't the same. So to at the brice which is the tumura we'll certainly have to talk about that when we get into the of tumura. How would you say even though you're actually schlepping the kadusha from that original carbon but there's still a of brice. But who argue with the Omar the brice says yaris. They make this of the double to be the yaris. They all say brice the brice yaris ain't the same. So they learn the exact opposite brice to actually be the smicha and that the yaris can affect the tumura. Now how carbon may have the light because what do they use the carbon now that they don't need it for the same reason needed it. Carbon carbon carbon carbon carbon like we had said earlier. The brice carbon he hasn't learned that one of these pesukim is coming to be marbeh the multiple owners of a carbon for the mitzvah of smicha. And the Yidden are saying even if you want to say that he does hold that we learn that halacha from carbonai, but ach u'vachaveira michad carbonavka. A and my buddy's carbon, that would anyway be the same makor because it's dafka his carbon not somebody else's carbon. So l'maaseh yatzru lei trey krei, I still have two available pesukim. Michad carbonav u'lecarbon aviv. Yidach l'rabos kol baalei carbonless smicha. Now Rebbi Yehuda high homer yomer may oved lei. We mentioned the double lashon that the rabbonan use is what does Rebbi Yehuda use that homer yomer for? If the gemara bo'ei lei l'rabos es ha'isha that an isha will be b'chlav d'halachos of tumah. Did tanya because the braisa says l'fi shekol inyan kula einam medaber ela b'lashon zachar. The whole parsha of tumah was written in lashon zachar. So massah feinu l'rabos es ha'isha. How do we end up being marbeh a woman that she can also affect the tumah? Talmid leimar homer yomer. But verabonan darshu meivi im the extra vav in the beginning of the pasuk. Verbbi Yehuda im lo daresh sagt the mishna. Hakhel samechin. Everybody does smicha. Chutz mecheresh u'vechatan. Now how does a katan have a carbon in the first place? Maybe he inherited it. Maybe he's a metzora. As we know a baby can have tzara'as, right? That's the classic case of a the kid who has tzara'as on his makom mila. Or the Minchas Chinuch suggests maybe he's a muflah samuch l'ish and he made a neder to bring a carbon. Akon panim echeresh u'vechatan does not do smicha. The suma also a blind person doesn't do smicha. V'oived k'chavim doesn't do smicha. V'oived, v'ashliach, v'haisha. And the gemara is going to go through the makor for these different things. U'smicha she'arei mitzvah which is a way of saying that the smicha is not me'akev in the kapparah of this carbon. And how do you do the smicha? Al harosh bishtei yadaim. We do it on the head of the animal with two hands. That's where you lean on it. And you put your body weight on it. And because of that the Minchas Chinuch in mitzvah kuf tes vav speaks out that whenever we say that the following people are not mechuyav in smicha, it doesn't make it optional. It's not like the woman can now do the smicha if she wants to. Because what's happening now is since you're putting your weight on the animal, you're being meshtamesh with the baal chaim. And because the animal is hekdesh, that would be assur. And even if it's a safek chiyuv like an androgynous, the Minchas Chinuch says l'chora you shouldn't be to do it. Continues the mission of she'asaimchin the same place that they did this they also the animal in that same location. Right after you do is when they do the is one of those few things in the same list of like take etc. I get that and which of course makes the question then how are they to bring a carbon and you got to go through each one of these to come up with the and continues the also I get it why are not going to be because they know if they also why can't a blind guy why wouldn't he be able to do and the other guy had all my ask you to make me we make a from the that just like being blind is for the in Sanhedrin so too also for and the other guy had which is the beginning of says that we're from the even if we're blind in one eye so certainly if is compared to the you won't be having also if a person is blind and the other guy had so my time is turning over because the other guy had more comparable the other guy had is a carbon so we're learning carbon of so it makes more sense to learn from there and the other guy had because the other guy had more comparable the other guy had the other guy had it's a two-step process you only know about from an the other guy had so it's less of an ideal for the of the the other guy had the other guy had so that's going to be the the other guy had including the other guy had the other guy had the other guy had which people are from the other guy had the other guy had the other guy had you got to do the with your hand so we the other guy had the other guy had that will the other guy had even though the other guy had is his property still the other guy had it himself the other guy had also yad shluchai. It's one of those few times where you don't say shlucha shluchim k'meisa, but there is no din shlichus b'eis smicha. Which of course begs the question, why would I think that there could be shlichus? We never say shlichus on any mitzvah sheb'gufei. Like, you can't have a shliach put on tzitzit for you, as the Tosafos Rid famously writes about in Kiddushin. So this is where the oilam shleima over here says, well you see that smicha is not a mitzvah sheb'gufei. And it might be a chiyuv as carbon. And that's why I would potentially need a me'ut velo yad achrin. And lastly, yad dai velo yad ishta. Your hand has to be doing smicha and not your wife's hand. Now Tosafos wants to know, why would I need a me'ut to be mekayem nashim from smicha l'chumra, since we know there's halacha of takeiflus smicha shechita, that you have to shecht right after you do the smicha. And you can only do the shechita by day. L'chumra, it's a mitzvah sheb'gufei shesh man grama, and nashim are already patur from mitzvah sheb'gufei shesh man grama. So I certainly shouldn't need a special drasha to be mekayem nashim from smicha. So the Tur Even in Chagiga answers this question by saying the only time we say that there's a patur of shesh man grama that it does not make it that I can't be mekayem this mitzvah and do the tashlumin for it later. In other words, if I don't put on tzitzit today, tomorrow's wearing tzitzit doesn't take care of my chiyuv from today, I lost it forever. But here by the smicha, it's not really shesh man grama because if I'm not someach today, I'll be someach it tomorrow. I just didn't do it right. But that original mitzvah still stays. But perhaps the more popular kind of a machalach here is based on the Divrei Chezkal and other achronim that say it's not really a time bound mitzvah. Really, I could do the smicha at any point. But since it's tied to the ma'aseh of the shechita, so I'm kind of locked in to the shechita rules. That's not really a zman grama. It's not a chiyuv that comes on you day this month. But if I could do the shechita anytime, I could do the smicha anytime. This is how they answer the kasha of why isn't Sefiras HaOmer a mitzvah sheb'gufei shesh man grama. I mean, you'd think Sefiras HaOmer ein zman grama gadol mizu. So why would nashim be chayav? The Tur says because really you could count Sefiras HaOmer all year round. Problem is the Omer is not happening then. So it's not really a chiyuv that's novey from the zman, it's just a limitation of when you can be yozei the mitzvah. And that itself wouldn't be enough to call it zman grama. Now I may be going out a little bit on a limb, but I would submit that this may be l'shitasai to Kadushin and Tess, the famous Tess that asks why does the Gamara in Kadushin bring a possuk to be noshin from the mitzvah of Mila because of a lo asa. Typically that it's mitzvah as man drama because you can't do Mila at night. So, I could make the argument that the reason why Mila is not as man drama is because it's not a calendar date that's the din. As Rashi's in Kadushin, it's not gorum lo it's just the fact that you can't be the Mila at night. But Tess holds that the definition of is not that the comes from this man but rather the key is that you can't be the mitzvah at any point you want. And since you can't be the Mila at night for Tess it's mitzvah as man drama. So, that could be maybe the same idea of Tess by us that that Tess also asks that since I can only be my by day because of the relationship it has to the so the limitation on the key is enough to call it a mitzvah as man drama. He doesn't want to answer like those that explain that the difference is in the not in the key. Not to get too far afield, but I do have a stickle tire to explain the Rambam that the Rambam may have both he may require this man drama to have both the din of the is gorum and that it's by only certain opportunities for key. And again without getting too much into the details of it, but lest you think I'm saying too big of a to make two in what the definition of is I would call your attention to a I made in on where the Tess who I believe is the of the Rambam or of the Rambam one of the other but there's a relationship there to the Rambam. Defines and I quote Shazman drama Keloymar Shazman Kovua Laasois Hamitzvah Zeh Hazman Goreim Maasah Tzei Dinim that there's a to do the mitzvah I'm interpreting that as a Zman that's Mugbal for its Key and that as man Goreim Maasah that the calendar is the to do it in the first place. All right, but enough of me trying to show off. Let's go through the half a minus. Call honey lommeli why do I need these to say that the are all going to be from because because of had it the Torah only been one of them have a mean of Evan the love bar mitzvahs even though an Evan practically is kind of misses Kisha it's not really his cave it's really the Isha's cave that are being learned to the Evan of all Schliach the bar mitzvah who we Schliach Adam can my say a malice might maybe the Schliach should have a dinner of Smicha and the e ash men and honey tighty meaning in Evan and a Schliach the love of a damia it's not like himself I will eat take a goofa damia because Isha is goofa even more than Schliach can my say a matis might so it's weaker I need to have all three mutant then the mission said Smicha she already met for it's not my cave in the capara turn around and the sum up the nertza now he Smicha Paris in capara the dam it's not the Smicha that does it and Mark Adam who benefit Paris and I am a little also so the Smicha she already met for my love of a kiss of killer like a keeper the keeper so it's not the actual mitzvah but rather as long as you did all the Adam you'll still get the capara even without the Smicha the Tanya to the key of the similar Halacha as we're saying by Smicha also by Tanufa because the sex look Tanufa the capara the heat Tanufa capara the whole lane capara the dam she never get them who benefit capara and I am a little shame also so the Tanufa she already met for my love of a kiss of killer like a keeper the keeper then the mission said where do you do the Smicha I'll on the animals head turn around and you don't I'll rage below you don't don't put your hands on the animals neck you don't rage also below you don't I don't put your hand on the back of the animal and you don't I don't below you don't not on the chest of the animal so I don't see you because of Ramana had limited server I would think my neck the local by the ratio it's not in the same horizontal space as the head the neck is lower down than the head of all guy by the back to coil by the ratio it's kind of at the same horizontal plane as the head a maybe it won't be possible so it's weaker and we ask me and the honey tighty mission delay is rather Tanufa they're not in the for it's Tanufa closer the Israel Tanufa and therefore I need to have a mute Smicha all three things are in the Smicha from the smicha. Now you boil it. you don't I don't Instead of putting it on the head, you put it on the sides of the animal's head. Rashi says on the jaw of the animal. Is that smicha going to be kosher? It's pretty clear. By Jeremiah Mateles, let's say you put a piece of cloth around your hand and then you do the smicha. Is there a problem of which the problem actually take over by the so yeah, there absolutely is a problem of when it comes to smicha. And then he said do it with two hands. The summer is stay at home. So which is the problem you do two hands. That says the opinion of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem of the problem give you that response. To which he said smika I'm saying that the opinion I would only be by smika of an animal but not the smika that my show of a better way to do it on Yeshua which was that other context. And then the mission finally said of a marker same in that same location and take off the smika right after you do the smika when you do the smika Michael if you're doing it right afterwards it's obviously going to be in the same place. No he call him the marker and shake take off the smika and it's all one halacha because you're supposed to do the smika right before you do the smika. We'll pick it up with the mission tomorrow.