reasons that if the Torah
only intended to teach that a Kohen
may not defile himself for his sister's limbs, it should only have
written
the word
"for her."
טמא למה לי
Why does the verse write
"he shall be impure"?
ש"מ
=שמע מינה
The extra word must teach Rabbi Akiva's rule, that a brother
must
make himself impure for his unmarried sister.
The Gemara will now discuss Rabbi Yishmael's opinion:
ור'
=רבי
ישמעאל איידי
דכתב לה כתב נמי יטמא
And Rabbi Yishmael
reasons that
once
the verse writes
"for her", it
continues to write
"he shall be impure,"
לכדתני דבי
ר'
=רבי
ישמעאל
Following the
following teaching of the
Academy of Rabbi Yishmael:
דתנא דבי רבי ישמעאל כל
פרשה שנאמרה ונישנית לא
נישנית אלא בשביל דבר
שנתחדש בה
As the Academy of Rabbi Yishmael said that a
full Torah
portion is
often
repeated for a novel
point.
"None shall defile himself for any
dead
person among his kin, except for the relatives that are closest to him: his mother, his father, his son, his daughter, and his brother; also for a virgin sister, close to him because she has not married, for her he may defile himself. "
Opinion
"For Her"
He May Defile Himself.
Rabbi Yishmael
He may defile himself for his unmarried sister
-
Rabbi Akiva
He
may
defile himself for his unmarried sister
He
must
defile himself for his unmarried sister.
The Gemara will now discuss the third argument between Rabbi Akiva and Rabbi Yishmael:
לעולם בהם
תעבודו
"He shall work them forever".
רשות דברי
ר'
=רבי
ישמעאל
Rabbi Yishmael
says this verse teaches that one is
permitted
to keep a servant forever,
ר"ע
=רבי עקיבא
אומר חובה
Rabbi Akiva says it's mandatory
to keep a servant forever.
The Gemara Asks:
מאי טעמא דרבי ישמעאל
What's Rabbi Yishmael's reasoning?
The Gemara Answers:
איידי דכתיב לא
תחיה כל
נשמה
Since
the verse says "don't let a soul live",
איצטריך נמי
למיכתב לעולם בהם
תעבודו למישרי אחד מכל
האומות שבא על
הכנענית והוליד ממנה בן שאתה רשאי
לקנותו
The verse
must also write "you must work then forever" to permit a son of
a union of a non - Canaanite
man with a Canaanite woman to be bought
as a slave.
דתניא
As a Braisa
taught:
מנין לאחד מן
האומות שבא על
הכנענית והוליד ממנה בן שאתה רשאי
לקנותו בעבד
What
is the source
that one may purchase a son born to a
union of
non - Canaanite man who married a Canaanite woman as a slave?
The Braisa cites two answers:
ת"ל
=תלמוד לומר
וגם מבני התושבים הגרים עמכם מהם
תקנו
1. The verse:
"Moreover of the children of the strangers that do sojourn among you, of them may you buy".
The Gemara Asks:
יכול אף
הכנעני שבא על אחת מן
האומות והוליד ממנה בן שאתה רשאי
לקנותו בעבד
Perhaps this teaches that
one is permitted to purchase a servant who
is a result of a union between
a Canaanite
marries a non - Canaanite?
The Gemara Answers:
ת"ל
=תלמוד לומר
אשר
הולידו בארצכם
The verse
says "that was born in the land."
מן
הנולדים בארצכם ולא מן
הגרים בארצכם
One may purchase those who were
born in your land, but not the ones living in your land.
This verse discusses a mixed marriage between a Canaanite and a non - Canaanite.
The Gemara
assumes that a married couple lives in the wife's homeland. Since a non - Jew's nationality in Halacha
depends on the father, Canaanites born in "the land" (who are children of Canaanite mothers) aren't real Canaanites, while Canaanites born outside "the land" (born of Canaanite fathers) are true Canaanites.
The Braisa now cites a second source:
ור"ע
=ורבי עקיבא
ממהם תקנו נפקא
2.
Rabbi Akiva learns
this law
from "you will buy from them."
The Gemara Asks:
לעולם בהם
תעבודו למה לי
So according to Rabbi Akiva, why does the verse say
"you shall work them forever"?
The Gemara Answers:
לחובה
To teach that there is
an obligation
to keep one's servant forever.
The Gemara now says what does Rabbi Yishmael use the word "From them:"
ורבי ישמעאל בהם ולא
באחיכם
Rabbi Yishmael
uses the word
"for them"
to teach that one may work
them
as a slave,
but
one may not work one's
brother
as a slave.
The Gemara Asks:
ור"ע
=ורבי עקיבא
And
from where does
Rabbi Akiva
derive that law?
The Gemara Answers:
באחיכם מסיפא דקרא נפקא
Rabbi Akiva derives it from the word
"brethren":
ובאחיכם בני ישראל איש
באחיו לא
תרדה בו
בפרך
"But over your brethren the children of Israel you shall not rule, one over another, with rigor."
The Gemara Asks:
ור'
=ורבי
ישמעאל
So
what does
Rabbi Yishmael
do with this verse?
The Gemara Answers:
איידי
דכתי'
=דכתיב
ובאחיכם כתי'
=כתיב
נמי בהם
Once
the verse
says "and over your brothers", it also
adds the words
"with them."
לכדתני דבי
ר'
=רבי
ישמעאל
Following the
following teaching of the
Academy of Rabbi Yishmael:
דתנא דבי רבי ישמעאל כל
פרשה שנאמרה ונישנית לא
נישנית אלא בשביל דבר
שנתחדש בה
As the Academy of Rabbi Yishmael said that a
full Torah
portion is
often
repeated for a novel
point.
There are three sources:
1.
Such male and female slaves as you may have - it is from the nations round about you that you may acquire male and female slaves.
2.
You may also buy them from among the children of aliens resident among you, or from their families that are among you, whom they begot in your land. These shall become your property:
3.
you may keep them as a possession for your children after you, for them to inherit as property for all time. Such you may treat as slaves. But as for your Israelite kinsmen, no one shall rule ruthlessly over the other.
Opinion
"You May Also Buy Them From Among The Children Of Aliens Resident Among You"
"Whom They Begot In Your Land"
"Property For All Time"
"But As For Your Israelite Kinsmen, No One Shall Rule Ruthlessly Over The Other"
Rabbi Akiva
One is permitted to buy a servant
Only one who's father was a Canaanite
One must not free his servant
One must act kindly to his Jewish servant
Rabbi Yishmael
One is permitted to buy a servant
Only one who's father was a Canaanite
One must act kindly to his Jewish servant
-
Note, none of these laws are applicable (or have been applicable) since Sancheriv's population transfers (over 2500 years ago).
The Gemara continues to discuss marriage:
א"ר
=אמר רב
חסדא
זנותא בביתא כי
קריא לשומשמא
Rav Chisda said that immorality in one's house is as
destructive as
a worm
is
to sesame seeds,
וא"ר
=ואמר רב
חסדא
תוקפא בביתא כי
קריא לשומשמא
And Rav Chisda
also
said that anger in a house is
as destructive
as a worm
is
to sesame seeds.
אידי ואידי
באיתתא אבל
בגברא לית לן בה
However,
both
of the above statements
are
only true
about the wife
(The household falls apart if the wife is immoral or angry)
, but not about the husband
(since the wife is in charge of the house, it's up to her to keep the house running. If she is immoral or angry, she stops caring for the household and it falls apart.)
ואמר רב חסדא בתחילה קודם
שחטאו ישראל היתה שכינה
שורה עם כל אחד ואחד
Rav Chisda
also
said that in the beginning, before the Jewish people sinned
through immorality
, the Divine Presence rested on every single person
in his house,
שנאמר כי
ה' אלהיך
מתהלך בקרב
מחניך
As the verse
says "For the Hashem
your G - d walks in the midst of your camp."
כיון
שחטאו נסתלקה שכינה מהם
However,
once
the Jews
sinned, the Divine Presence departed from the
house, (as it's unwilling to see the sins frequently done at home),
שנאמר ולא
יראה בך ערות דבר
ושב מאחריך
As the conclusion of the verse
says "He shall not see an immodest thing in you, and turn away from you."
The Maharsha explains that these two teachings are connected. Blessings in the house comes through Hashem's
presence. If the family is involved in non-G-dly activities such as anger or immorality, Hashem's
presence departs and along with it His blessing.
א"ר
=אמר רב
שמואל בר נחמני
א"ר
=אמר רבי
יונתן
Rabbi Shmuel bar Nachmani said in the name of Rabbi Yonasan:
כל העושה מצוה אחת
בעוה"ז
=בעולם הזה
ממקדמתו והולכת לפניו
לעוה"ב
=לעולם
הבה
Whoever does one Mitzvah
in this world
will merit to have his Mitzvah
go ahead of him to the World to Come,
The Maharsha explains that this refers to the angels created through the performance of this good deed, and they will go ahead to show the way to his reward in the World to Come.
שנאמר
והלך לפניך
צדקך
As
the verse
says "And Your righteousness shall go before You."
וכל
העובר עבירה אחת
בעוה"ז
=בעולם הזה
מלפפתו והולכת לפניו
ליום הדין
While whoever commits one sin in in this world
will be punished through
the sin enwrapping itself
around the sinner
and going ahead of him to the World to Come,
The Maharsha explains that this refers to the bad angels who have to bring him to his punishment. Unlike the angels showing someone to his reward, these angels must drag the person to his punishment.
שנאמר
ילפתו ארחות דרכם יעלו בתוהו ויאבדו
As
the verse
says "The paths of their way do wind, They go up into the waste, and are lost."
ר"א
=רבי אלעזר
אומר
קשורה בו
ככלב
Rabbi Elazar said that
the sin
ties itself to
the sinner
like a dog
and is stuck with him even into the next world, proclaiming his sin,
שנאמר ולא שמע
אליה לשכב אצלה להיות עמה
As
the verse
in a cause and effect relationship says
regarding Yosef and the wife of Potifar:
"and he did not listen to her to lie with her, to be with her"
This verse mentions two things: "To lie with her" and "to be with her". The Gemara
interprets it as saying that...