web analytics
April 19, 2014 / 19 Nisan, 5774
At a Glance
Judaism
Sponsored Post
Spa 1.2 Combining Modern Living in Traditional Jerusalem

A unique and prestigious residential project in now being built in Mekor Haim Street in Jerusalem.



Daf Yomi


Daf-Yomi-logo

Share Button

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.

Share Button

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.

No Responses to “Daf Yomi”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
FBI Wanted poster for Osama bin Laden
Pakistan Library Renamed to Honor bin Laden
Latest Judaism Stories
Reiss-041814-King

Amazingly, each and every blade was green and moist as if it was just freshly cut.

PTI-041814

All the commentaries ask why Hashem focuses on the Exodus as opposed to saying, “I am Hashem who created the entire world.”

Leff-041814

Someone who focuses only on the bones of the Torah makes his bones dry and passionless.

The following is President Obama’s statement on Passover (April 14, 2014). As he has in the past, the President held an official Passover Seder at the White House. Michelle and I send our warmest greetings to all those celebrating Passover in the United States, in Israel, and around the world. On Tuesday, just as we […]

The tendency to rely on human beings rather than G-d has been our curse throughout the centuries.

“Who is wise? One who learns from each person” (Pirkei Avot 4:1)

In Judaism, to be without questions is a sign not of faith, but of lack of depth.

“I’ll try to help as we can,” said Mr. Goodman, “but we already made a special appeal this year. Let me see what other funds we have. I’ll be in touch with you in a day or two.”

Rashi is bothered by the expression Hashem used: “the Jews need only travel.”

Reckoning Time
‘Three Festivals, Even Out Of Order’
(Beizah 19b)

Two husbands were there to instruct us in Texas hold ‘em – and we needed them.

Question: Why do we start counting sefirat ha’omer in chutz la’aretz on the second night of Pesach when the omer in the times of the Beit Hamikdash was cut on Chol HaMoed?

M. Goldman
(Via E-Mail)

A few background principles regarding the prohibitions of chametz mixtures on Pesach may provide some shopping guidance.

According to the Rambam, the k’nas applies to any chametz on Pesach with which one could, in theory, transgress the aveirah – even if no transgression actually occurred.

She was followed by the shadows of the Six Million, by the ever so subtle awareness of their vanished presence.

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

Reckoning Time
‘Three Festivals, Even Out Of Order’
(Beizah 19b)

Daf-Yomi-logo

Belaboring The Point
‘Since It Is Permitted When Necessary,
It Is Permitted Even When Not Necessary’
(Beitzah 12a)

A Consequence Of Our Exile
‘Guard The Custom Of Your Forefathers’
(Beizah 4b)

What A Difference A Day Makes
‘Rav Rules: First Sukkah, Then Zeman’
(Sukkah 56a)

Full Or Abridged?
‘One Is Obligated To Recite Hallel’
(Sukkah 48a)

Lulav, Sukkah, Shofar
‘Beautification is Not an Obstruction’
(Sukkah 37a)

A Grafted Esrog
‘Passul When Missing Even a Tiny Bit’
(Sukkah 34b)

The Flighty Customer
‘Scribes…Are Exempt’
(Sukkah 26a)

    Latest Poll

    Now that Kerry's "Peace Talks" are apparently over, are you...?







    View Results

    Loading ... Loading ...

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

Scan this QR code to visit this page online: