Father (outside) and Mother (inside)

The braisa (Daf Yomi: Kiddushin 18) states: A person can accept kiddushin for his daughter again (if she became widowed or divorced after betrothal), he can sell her again, and he can marry her off after selling her as a maidservant. However, he cannot sell her after marrying her off. Rabbi Shimon says: Just as he cannot do this, he cannot sell her as a maidservant after he already sold her once.

This is like the argument of the following Tannaim. The braisa says: “When he betrayed her.” Once he spread his cloak over her (in marriage), he cannot sell her; these are the words of Rabbi Akiva. Rabbi Eliezer says, “When he betrayed her,” teaches that once he betrayed her (sold her as a maidservant) he cannot sell her.

What is their argument? Rabbi Eliezer says: The way the word is written in the Torah is important. Rabbi Akiva says: The way it is read is important. Rabbi Shimon says: Both are important. [“Important” here refers to how we understand the intent of the Torah. If we focus on the word as it is read, it refers to clothing, while if we focus on the letters, it refers to being sold.]

This is similar to a debate in the Gemora in Sukkah which discusses if a sukkah requires two full walls and a third wall that is at least a tefach, or should there be three complete walls. This debate is based on whether one reads the word Sukkos in the Torah with the letter vav or without the letter vav. The Chachamim maintain that we say yeish eim lemasores, the transmitted written form has primacy, whereas Rabbi Shimon maintains that yeish eim lemikra, the pronounced form has primacy.

The Rif was questioned as to why the Gemora uses the word eim, which means mother, and not av, which means father. A similar question would be that the Gemora refers to one of the thirteen principles of Biblical hermeneutics as a binyan av and not a binyan eim.

The Rif initially responded that he never heard anyone shed light on this matter, but then he proceeded to offer a possible explanation. When the purpose of a principle is to teach a concept in a different area, the Gemora uses the term av, whereas if the discussion at hand is regarding relying on a principle, the Gemora uses the word eim.

Shearim Mitzuyanim B’Halacha explains the words of the Rif. The mother is the akeres habayis, the mainstay of the house as it is said every honorable princess dwelling within. For this reason we say yeish eim lemikra or yeish eim lemasores, as the mother is the central figure in the house and it is the mother who everyone is dependant upon. The father, on the other hand, is not usually found in the house, as he leaves the house to seek a livelihood. The principle of a binyan av, however, is that we are building from one location to another, and this is analogous to a father who influences others. (See Rabbeinu Bachye to Devarim 33:8 for further discussion on the differences between the father and mother.)

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Who is the "I"?

Rabbi Yehoshua ben Levi said (Daf Yomi: Gittin 39a) : They asked before Rebbe: What is the law if someone says that he gives up hope of ever retrieving his slave? Rebbe replied: I say that such a slave can only be fixed (to marry) with a document.

Many times in Shas, it is found that Rebbe used this terminology, “I say etc.” What was his intention with these words?

Reb Yosef Engel in Beis Haotzar explains that it is known that Rebbe was a tremendously humble person. The Gemora in Sotah (49a) states that when Rebbe died, humility ceased. Perhaps what Rebbe was saying was that it appears to him that the halachah is like this-and-this, but not that it is most definitely so.

He also writes that it is clear from the seforim of the students of the Baal Shem Tov that lofty people are constantly thinking that their words and actions are not emanating from their own power and strength; rather, it is all coming from the Ribbono shel Olam. In kabbalah, the Shechinah is referred to as “Ani,” “I.” This is the explanation in the Gemora Sukkah (53a) when Hillel said, “If I am here, then everyone is here.” The “I” did not refer to himself, for Hillel, we also know was extremely humble. Rather, he was referring to the Shechinah. This, perhaps, is what Rebbe was saying when he said, “I say.” The Shechinah which is inside of me is saying that the halachah is like this.

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Two Lugin

The Gemora (Daf Yomi: Gittin 25b) cites a braisa: If someone buys wine from amongst the Cutheans (converts to Judaism after an outbreak of wild animals in Eretz Yisroel and their conversion was debated as to its validity; they observed some commandments, but not others), he should say the following: “The two lugin (a measurement) that I will eventually separate (from the one hundred lugin in total) are terumah (tithe for the kohen), ten are ma’aser rishon (tithe for the Levite), nine are for ma’aser sheini (to be eaten in Yerushalyim),” and after redeeming the ma’aser sheini (with coins), he can drink right away. These are the words of Rabbi Meir. Rabbi Yehudah, Rabbi Yosi, and Rabbi Shimon forbid this leniency.

Rashi explains the braisa to be referring to a case where he does not have a vessel to separate the tithes required to allow him to drink the wine in an orderly fashion.

Some explain it that he did not have any tahor vessels.

Rashi in Sukkah (23b) explains that the fellow purchased the wine bein hashemashos (close to sunset) on Friday and he did not have time to separate the ma’aser before Shabbos. Since it is forbidden to separate ma’aser on Shabbos, he did not have what to drink.

Tosfos challenges Rashi’s explanation, for if that would be the case, he would not even be allowed to orally declare it to be ma’aser, for it is forbidden to fix his produce on Shabbos!?

The Kaftor va’Ferach answers that Rashi holds that the manner prescribed in the Gemora is permitted, for he is not actually fixing it on Shabbos. He is separating the ma’aser after Shabbos and retroactively the produce is remedied on Shabbos. It emerges that he did nothing on Shabbos.

Tosfos explains that the remedy discussed in the Gemora is only when it is still bein hashemashos. At that time, there was a Rabbinic decree not to separate ma’aser, but one, at that time, is permitted to orally declare it to be ma’aser.

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Cutheans

The Gemora (Daf Yomi: Gittin 25a) cites a braisa: If someone buys wine from amongst the Cutheans (converts to Judaism after an outbreak of wild animals in Eretz Yisroel and their conversion was debated as to its validity; they observed some commandments, but not others), he should say the following: “The two lugin (a measurement) that I will eventually separate (from the one hundred lugin in total) are terumah (tithe for the kohen), ten are ma’aser rishon (tithe for the Levite), nine are for ma’aser sheini (to be eaten in Yerushalyim),” and after redeeming the ma’aser sheini (with coins), he can drink right away. These are the words of Rabbi Meir. Rabbi Yehudah, Rabbi Yosi, and Rabbi Shimon forbid this leniency.

Tosfos explains that although the Cutheans observed the mitzvos that are expressly written in the Torah, and therefore, it would be safe to assume that they already separated terumah and ma’aser, nevertheless, they are only trusted with respect to the food which they eat. However, the produce which they sell to others, they are not trusted, for the Cutheans were not particular about the transgression of lifnei iver (placing a stumbling block in front of a blind man). Tosfos in Sukkah (23b) explains further that understood that verse only in its literal sense. They maintained that it is forbidden to place a stumbling block in front of a blind man, but there is no prohibition against causing someone else to sin.

However, Tosfos asks: Would selling the produce without separating terumah and ma’aser not be regarded as stealing from the Kohanim? Stealing is a prohibition that they seemingly did observe!

Tosfos answers that since terumah and ma’aser is considered money that has no claimants (for which Kohen is regarded as its owner), it was not considered stealing in their eyes.

Other Rishonim add that, in truth, it is not regarded as stealing. Stealing is only when one takes something away from an owner who can make a claim to it. Since the Kohanim cannot forcibly take the produce from him, it is not considered stealing.

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