web analytics
April 1, 2015 / 12 Nisan, 5775
At a Glance
Judaism
Sponsored Post


Daf Yomi


Daf-Yomi-logo

Location, Location!
‘Alive Until Determined Otherwise’
(Niddah 4)

Our Gemara cites a mishnah (Taharos 5:7) which discusses the status of a man who touched a body in the darkness of night and discovered the next morning that the body was a corpse. We don’t know, however, when the person died – before or after the person touched him. The sages argue that we assume the body was already a corpse before the person touched him due to the rule that “all uncleanness [discovered now] is assumed to have been present previously as well.” Thus, the person who touched the body has the status of tamei mes.

A Rabbinic Stringency

Tosafos (sv “shekol hatemei’os…” and supra 2a, sv “me’es l’es”) note that this ruling is a rabbinic stringency that only applies to kadshim. In biblical law, however, this individual is tahor since everyone has a chezkas chay – everyone is presumed alive until we know otherwise. In our case, this chazakahremained in place until the moment in the morning when it was determined that the body was a corpse.

Not So, Argues The Rashba

The Rashba (supra 2b) disagrees and argues that the person is tamei even on a biblical level. He cites a Tosefta (Taharos 6:5), which qualifies the sages’ assertion, to support his assertion. The Tosefta says that the sages agree with R. Meir that the individual in question is not tamei if the person he touched was seen alive the previous evening. In such a case, a chezkas chay exists, and we therefore assume that the person was still alive when the individual stumbled upon him in the darkness of night. If he wasn’t seen alive the previous evening, however, the man who touched the body is tamei since there is no chezkas chay.

Surely The Dead Once Lived

Rabbi Akiva Eger (hagahos to Rambam, Hilchos Avos Ha’tum’os 17:2) asks why it’s important for the person to have been seen alive the previous evening. Even if he wasn’t seen, surely he should have a chezkas chay since he obviously was living, and was known to be living, until the morning when his corpse was found.

Rabbi Akiva Eger answers that a person found dead in a certain location only has a chezkas chay if he was seen alive in the very location where he was later found dead. Being seen alive somewhere else, though, is not sufficient to establish a chezkas chay.

This week’s Daf Yomi Highlights is based upon Al Hadaf, published by Cong. Al Hadaf, 17N Rigaud Rd., Spring Valley, NY 10977-2533. Al Hadaf, published semi-monthly, is available by subscription: U.S. – $40 per year; Canada – $54 per year; overseas – $65 per year. For dedication information, contact Rabbi Zev Dickstein, editor, at 845-356-9114 or visit Alhadafyomi.org.

About the Author: RABBI YAAKOV KLASS, rav of Congregation K’hal Bnei Matisyahu in Flatbush, Brooklyn, is Torah Editor of The Jewish Press. He can be contacted at yklass@jewishpress.com. RABBI GERSHON TANNENBAUM, rav of Congregation Bnai Israel of Linden Heights, Boro Park, Brooklyn, is the Director of Igud HaRabbanim – The Rabbinical Alliance of America.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Daf Yomi”

Comments are closed.

Current Top Story
Egyptian President Abdel Fattah el-Sisi.
Obama Stops Punishing Egypt for Dumping Muslim Brotherhood Prez
Latest Judaism Stories
Bodenheim-032715

Our ability to teach is only successful if done by example.

Torat-Hakehillah-logo-NEW

Outside of the High Holidays, Pesach is probably the most celebrated biblical holiday for the majority of Jews.

Business-Halacha-logo

“If I notify people, nobody will buy the matzos!” exclaimed Mr. Mandel. “Once the halachic advisory panel ruled leniently, why can’t I sell the matzos regularly?”

The-Shmuz

So what type of praise is it that Aaron followed orders?

Her Children, Her Whim
‘Kesubas Bnin Dichrin’
(Kesubos 52b)

Question: Must one spend great sums of money and invest much effort in making one’s home kosher for Passover? Not all of us have such unlimited funds.

Name Withheld
(Via E-Mail)

Yachatz is not mentioned in the Gemara. What is the foundation for yachatz?

First, the punishment for eating chametz on Pesach is karet, premature death at the Hand of God.

Why is it necessary to invite people to eat from the korban Pesach?

How was I going to get to Manhattan? No cabs were going, we didn’t have a car, and many people who did have cars had no gas.

Did you ever notice that immediately upon being granted our freedom from Egypt, the Jewish people accepted upon themselves the yoke of a new master – Hashem?

Why does Torah make the priests go through a long and seemingly bizarre induction ceremony?

Often people in important positions separate from everyday people & tasks-NOT the Kohen Gadol

You smuggled tefillin into the camp? How can they help? Every day men risked their lives to use them

Rambam: Eating blood’s forbidden because connected to idolatry;Ramban: We’re affected by what we eat

Rambam warns that a festival meal without taking care of the needy isn’t fulfilling simchat yom tov

More Articles from Rabbi Yaakov Klass and Rabbi Gershon Tannenbaum
Daf-Yomi-logo

Her Children, Her Whim
‘Kesubas Bnin Dichrin’
(Kesubos 52b)

Daf-Yomi-logo

The Wedding Day Fast
‘He Accepts A Ring On Her Behalf’
(Kesubos 47a)

A Confession
‘Payment For Humiliation And Depreciation’
(Ketubbot 41a)

An Auto Accident
‘All Agree That They Are Exempt’
(Kesubbos 35a)

The Threat Of Death
‘Sign or Else…’
(Kesubos 19a)

Tethered To The Mother
‘If She Is Fit, Her Daughter Is Also Fit’
(Kesubbos 13b)

A Joy And A Blessing
‘Rejoicing All Seven Days’
(Kesubbos 4b)

An Explosion In The Trench
‘With A Glowing Hot Knife’
(Yevamos 120b)

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/daf-yomi-18/2012/05/24/

Scan this QR code to visit this page online: