web analytics
August 29, 2014 / 3 Elul, 5774
At a Glance
Judaism
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



Daf Yomi


Daf-Yomi-logo

Beware Big Brother!
‘All The Defects Which Come About By Man…’
(Bechoros 35a-b)

Our daf serves as an example of how poskim determine halachos by learning sugyos that seemingly have no connection with the questions they are trying to answer. The Chacham Tzvi had a great difficulty with our gemara and because of it reached a conclusion with far-reaching applications.

Our sugya discusses defects in a firstborn kosher animal and the possibility that someone would intentionally cause a defect for monetary profit. (If the animal has a defect, a kohen can slaughter it anywhere and does not have to bother bringing it to the Beit Hamikdash.) One of the cases discussed concerns an unlearned kohen serving as a shepherd of an animal that developed a defect. The gemara says that we need not suspect that he caused the defect since he had nothing to gain thereby; he assumes the owner will prefer giving it to a learned kohen.

Makirei Kehunah

A well-known rule concerning gifts to kohanim is that if someone “adopted” a kohen – i.e., he always gives him the priestly gifts – that kohen becomes a makirei kehunah and the owner cannot give his gifts to any other kohen (see Bava Basra 123b). Therefore, if the shepherd kohen is the owner’s makirei kehunah, he surely anticipates that the firstborn will ultimately be his (even though he is unlearned) and hence should be suspected of causing a defect in the animal. Why, then, does the gemara not state clearly that the unlearned shepherd is not a makirei kehunah? It must be, argues the Chacham Tzvi (Responsa 70), that one is allowed to neglect his makirei kehunah and give his firstborn instead to a different kohen if that kohen is a talmid chacham.

The Disputed Bris

We now proceed to the case the Chacham Tzvi was trying to resolve. A certain person had all his sons circumcised by a certain mohel. While his wife was pregnant he died. She gave birth to a boy. As the bris approached, the usual mohel wanted to circumcise the newborn orphan boy. However, the baby’s big brother declared that he wanted to perform the circumcision. The mohel claimed that he is similar to a makirei kehunah who has a right on all future gifts. However, the son contended that since his father is no longer alive, the mohel no longer has this right. The Chacham Tzvi agreed with the son. The halacha of makirei kehunah, he said, is based on the verse, “The remnant of Israel will not do iniquity and will not speak a lie” (Tzefanyah 3:13). A person must not change his statements, and consistently giving priestly gifts to a certain kohen is like a promise which cannot be violated (see Tosfos, Bava Basra, according to the gemara in Bava Metzia 49a). Therefore, the father who chose this mohel must continue to fulfill his “promise”; no one else, though (including his son) has to.

The Theory Of Relative Relationships

The Chacham Tzvi adds that there’s another reason to support the brother. If a relative and a talmid chacham approach someone for charity – who has priority? The Rambam asserts (Hilchos Matnos Aniyim 7:13) that a “poor person who is his relative takes precedence over everyone else.” The Chacham Tzvi contends that the Rambam meant that a relative also takes precedence over a talmid chacham. Let us link these facts. If, as we learned, it is permitted to bypass makirei kehunah in favor of a talmid chacham, how come a relative receives tzedakah before a talmid chacham? Nonetheless, the Rambam rules that he does. We thus see, the Chacham Tzvi concludes, that a relative takes precedence over everyone else. Hence, even if the father were alive, the mohel might not have performed the bris. The father would have had the right to appoint his son as the mohel – relative stake precedence – and would not be regarded as someone who “speaks a lie and does iniquity” (see Shulchan Aruch, Y.D. 264:1, and the Taz, 5).

Meoros Hadaf Hayomi Newsletters are published by the Sochachover Kollel of Bnei Brak, led by Rabbi Chaim Dovid Kovalsky. Meoros Hadaf Hayomi Newsletters in Hebrew and/or English, are available for simcha dedications as well as for memorials such as yahrzeit, shloshim, etc., and are distributed by e-mail, dafyomi@hadaf-yomi.com.

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.

SocialTwist Tell-a-Friend

Current Top Story
ISIS in Quneitra
Updates from Kuneitra, Syria [video]
Latest Judaism Stories
Taste-of-Lomdus-logo

First, how could a beis din of 23 judges present a guilty verdict in a capital punishment case? After all, only a majority of the 23 judges ruled in favor of his verdict.

Of paramount importance is that both the king and his people realize that while he is the leader, he is still a subject of God.

Daf-Yomi-logo

Untimely News
‘A Mourner Is Forbidden To Wear Shoes…’
(Mo’ed Katan 20b)

Questions-Answers-logo

Question: The Gemara in Berachot states that the sages authored our prayers. Does that mean we didn’t pray beforehand?

Menachem
Via Email

When a person feels he can control the destiny of other people, he runs the risk of feeling self-important, significant, and mighty.

Needless to say, it was done and they formed a great relationship as his friend and mentor. He started attending services and volunteered his time all along putting on tefillin.

He took me to a room filled with computer equipment and said, “You pray here for as long as you want.” I couldn’t believe my ears.

On Friday afternoon, Dov called Kalman. “Please make sure to return the keys for the car on Motzaei Shabbos,” he said. “We have a bris on Sunday morning and we’re all going. We also need the roof luggage bag.”

On Chol HaMoed some work is prohibited and some is permitted. According to some opinions, the work prohibition is biblical; according to others, it’s rabbinical.

If there is a mitzvas minuy dayanim in the Diaspora, then why is there a difference between Israel and the Diaspora in the number of judges and their distribution?

Judaism is a religion of love but also a religion of justice, for without justice, love corrupts.

The time immediately preceding Mashiach’s arrival is likened to the birth pangs of a woman in labor.

Eisenhower understood that motivated men will fight much harder and longer than unmotivated men.

Who does not want to get close to Hashem? Yet, how do we do that?

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

Untimely News
‘A Mourner Is Forbidden To Wear Shoes…’
(Mo’ed Katan 20b)

Daf-Yomi-logo

Discretion
‘Vendors Of Fruits And Clothing…May Sell In Private’
(Mo’ed Katan 13b)

An Outcast
‘He Shall Dwell Outside His Tent’
(Moed Katan 7b)

Pondering A Kapandria
“It Should Not Be Used As A Shortcut”
(Megillah 29a)

The Gender Factor
‘Where There Is Loss Of Work…
Three Are Called To The Torah’
(Megillah 22b)

Hallel On Purim?
“Its Reading Is Its Praise”
(Megillah 14a)

Ancient Cities, Ancient Walls
(Megillah 3b-4a)

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/daf-yomi-3/2011/12/15/

Scan this QR code to visit this page online: