9

Pshat At the simplest level, he was acting in a manner akin to the zaken mamre or "rebellious elder" (Deuteronomy 17:12). As the Gemara in Sanhedrin explains, a member of the Sanhedrin is allowed, and encouraged, to express a dissenting opinion. However, once the Sanhedrin votes and his opinion is determined to be the minority, he may still: Personally ...


8

The Encyclopedia Talmudit entry on “Bas Qol”, the paragraph about its impact on halachah focuses on the apparent conflict between the conclusion one would get from the Tanur Akhnai story and from the one about following Beis Hillel. A summary of resolutions: 1- Rav Nissim Gaon (Berachos 19b), opinion I: The bas qol said “halachah k’moso b’chol makom”. As a ...


6

This is found in Shaarei Teshuva ch. 84 לרבינו האי ז"ל וששאלתם צורב"א מרבנן הוא כמו צרב'ת השחין דבר חם המתחמם באשה של תורה האי צורבא מרבנן דרתח אורייתיה קא מרתחא ליה שנאמר הלא כה דברי כאש ד"א צורבא מרבנן קשה בערבי קורין לחטים הקשות חנטא צריבא (צ"ל מנוגה) (מובהק) נגדו בערו גחלי אש ותרגם מזיו יקריה מבהקין גרסינן בשקלים תבוא מארה לאשה שיש לה בעל ואינה ...


5

I just learned this in two different classes. In the case of the two people in the desert, the one who drinks the water will live and the one who doesn't will die, but the one who drinks the water is not actively killing the other -- he's just drinking his water. The other person isn't being murdered; he's dying of thirst. R' Akiva's teaching is akin to ...


5

Here in a publication by Torah Academy of Minnesota, it quotes a different version of what Rav Moshe Feinstein said about why Elu Metzios is learned first. R. Idstein, the dean, writes: A friend of mine recently related to me a fascinating story about Rav Moshe Feinstein zt”l. Rav Moshe was often asked about the widely accepted practice that boys start ...


5

I heard from Rabbi Paysach Krohn Shlita quoting Rabbi Moshe Feinstein Zatzal that the reason for this is we want the kids to learn about caring for someone else's property, as this is a Yesod in Yiddishkeit.


5

Well to quote Artscroll Hakadosh: "מי יימר דמגנבא-who is to say that [the deposit] will be stolen" "ואם תימצי לומר דמגנבא-and even if you can say who is to say with certainty that it will be stolen" "מי יימר דמשתכח גנב -who is to say that the thief will be apprehended?" "ואי משתכח גנב-and even if the thief is apprehended,&...


5

The Lubavitcher Rebbe explains that there are three opinions as to what "Pen Tishkach" prohibits: Rambam doesn't count it as a Mitzva at all. Moreover, according to the Rambam, one doesn't have to learn Svara, just the final Halacha, so forgetting Bavli would be fine. Ramban says it refers to the giving of the Torah, and the Drash in Avos is an Asmachta and ...


4

I heard an answer to this when I was learning Yevamos, which went as follows: The rule of lo bashamayim applies to deciding matters of halacha. However, it does not apply to clarifying facts. Thus the Gemara in Shabbos 108a (with Rashi): בעא מיניה מר בריה דרבינא מרב נחמן בר יצחק מהו לכתוב תפילין על גבי עור של דג טהור א"ל אם יבא אליהו ויאמר מאי אם יבא ...


4

If I understand correctly, the Mishnah is discussing a case where someone (Reuven) stole from one of two people (Shimon or Levi) but doesn't remember which is the victim. Shimon claims he's the victim, and Levi claims he's the victim. The Mishnah rules Reuven must give the full amount to both plantiffs. The Gemarah notes that it seems that the court will ...


4

Even if such a database existed, in the case of the Gemara it would not have helped the purchaser. The Gemara (12b) sets up the concern of this case to be that the document was written, but then not given to the borrower until later, in which case a purchase made between the time it was written and the time it was given would in reality not be subject to ...


4

The Maharasha (Bava Metzia; Berachos) defines the case in Bava Metzia as one where the suffering was accepted as suffering of love (יסורין של אהבה). He writes further (Berachos) that they each needed someone else to heal themselves because these were indeed not sufferings of love, rather, they were on account of ceasing Torah study. Therefore, since the ...


4

They sound alike in English but I'm afraid there's nothing more to it. The tractate's name is מציעא, which is Aramaic for אמצע (middle). Mem-tzadi-'ayin. It goes between "Bava Kama" (first portion of civil law) and Bava Basra (last portion). Lost objects occupy the first part of Bava Metzia, but are not its sole (or even main) topic. "Finding&...


4

I'll transcribe what Rav Nissan Kaplan said: One reason (not to wear the murex techeiles) like Rav Elyashiv writes in the teshuva, that even if we know how to do the techeiles, there's like four or five shitos what has to be the techeiles (how many strings need to be dyed)1. Now...there's a raya...let me see if I remember the raya now. There's a raya in ...


3

Rabbi Eliezer refused to accept and teach the decision of the majority of the Sanhedrin. That was a cardinal sin. The object of the decision matters little. Same story with Rabbi Akaviah ben Mahalal'el. The Rambam codified that principle: לנטות אחרי רבים אם תהיה מחלוקת בין הסנהדרין בדינין, שנאמר: "אחרי רבים--להטות" (שמות כג,ב). To give the ...


3

Sefer HaChinuch §496 cites the Ramban’s understanding and explicitly connects it with the story at hand: ועל דרך ענין זה שעוררתיך, בני, עליו אפרש לך אגדה אחת שהיא בבבא מציעא בסוף פרק הזהב (בבא מציעא נט, ב) גבי ההוא מעשה דרבי אליעזר הגדול בתנורו של עכנאי, המתמהת כל שומעה. אמרו שם אשכחה רבי נתן לאליהו וכו' אמר לה מאי עביד קדשא בריך הוא בההיא שעתא? אמר לה ...


3

בבא מציא פד ב Bava Metzia 84b דכי הוו יתבי רבן שמעון בן גמליאל ורבי יהושע בן קרחה אספסלי יתבי קמייהו רבי אלעזר בר' שמעון ורבי אארעה When Rabban Shimon b. Gamliel and R' Yehoshua b. Karcha sat upon benches, R' Elazar and Rebbi sat on the ground in front of them. In those days, it was common for the rabbis to sit on benches and their students to sit on the ...


3

The Art Scroll Gemora Daf 110b2 notes 22 and 23 explains the specific usage of 700 zuz (I do not have the Art Scroll Mishnayos which would also have this note). The reason for the specification of the amount is to show that the fee is fixed for the entire period specified rather than as a rent of 100 zuz per year. This makes it easier for the Mishnah to show ...


3

Its none other than Eliyahu Hanavi as you can see from Berachos 6b : ההוא גברא דקא מצלי אחורי בי כנישתא ולא מהדר אפיה לבי כנישתא חלף אליהו חזייה אידמי ליה כטייעא ,that Eliyahu appeared as an Arab merchant. There are more sources which indicate him as such. The gemara in Bava Basra 73b brings this story: ואמר רבה בר בר חנה זימנא חדא הוה קא אזלינן במדברא ...


3

I'm comfortable to say that no opinion in the Talmud holds this way. The first reason is that, having learned Kiddushin and perek Yesh Nochlin of Bava Basra, two of the primary places where this discussion comes up, I have never come across a third opinion. The second reason is that the reasoning which many Acharonim give for the dispute of R' Meir and R' ...


3

The Hebrew and the Aramaic verbs in this case share the root קנ"ה. In the paal form (קָנָה) it means to buy or obtain something. ArtScroll helps you with the patach, which suggests a causative, hifil form (הִקְנָה), that is "make someone obtain," which we rather say as provide, transfer etc. See the hifil section of Jastrow's entry on the verb ...


2

The Baal HaTanya, in his introduction to his Shaar HaYichud V'Emunah, talk about this idea with regards to the verse in Mishlei 24:16, "For a righteous man can fall seven times and rise". There he explains that when a Tzaddik advances from one level to another, "Between one level and the next, before he can reach the higher one, he is in a state of ...


2

Although I never learned the sugya in Gittin, I actually just got through learning the sugya in Bava Metzia. When I learned that story, I understood that story quite literally: the man was such a wicked person, he slept with someone on Yom Kippur. Not only that, but he slept with a Na'arah Ha'meorasah. (Both are assur on a d'Oraisa level, the former ...


2

A Rosh Kollel told me that he was told the reason is because, in the middle of a long debate between Abaye and Rava, we find תרגמא רבא אליבא דאביי, Rava interpreted on behalf of Abaye. Namely, Rava answered a challenge to the opinion of Abaya even though he was the "nemesis" in the debate. This teaches a fundamental lesson in learning the Talmud, which is ...


2

The Maharal says that these were Arab merchants he does not understand the word טייעא‏ to mean traveler. מצינו פעמים הרבה בישמעאלים שהם סוחרים, שבכל מקום שאמר בתלמוד ההוא טייעא רוצה לומר סוחר ישמעאלי [גבורות ה' פרק יא] "We find many times that Arabs are merchants, for in every place in the Talmud where it says "there was a merchant" the meaning is an Arab ...


2

Wrecking the ship is not for arguing with R' Eliezer, it's for putting him in Cherem (outcast him).


2

The woman is permitted to nurse if she has too much milk and it hurts (see Shul.Ar. YD 154, 2). The Talmud quoted says that נעשה נס בשרה אמנו ונפתחו דדיה כשני מעיינות והניקה את כולם "her breasts became like two sources". That may mean she had too much milk. Another ideas: Maybe that היו כל אומות העולם מרננים אחריהם ואומרים being mocked (that it ...


2

In 1980 I published an article in the Baltimore Jewish Times called, "What the Matchmaker Did and Didn't Do for Me." I interviewed many matchmakers and their clients and made myself (then single, of course) a guinea pig for a Boro Park matchmaker. The matchmakers make it pretty clear, that they take the time to find someone who is appropriate for you, and ...


2

It’s not to deter him from moving a limb. If he moves a limb, he is impure mideoraita. We worry that perhaps the guard inadvertently moved a limb, rendering himself impure. Due to this worry, the sages decreed impurity on all guards of the parah adumah, whether or not they believe they have moved a limb.


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