Eglah Arufah from Yerushalayim

The Mishna (Daf Yomi: Sotah 45b) had stated: The city of Yerushalayim does not bring an eglah arufah (the law is that upon finding a corpse, and being unable to solve the murder, the leaders of the city closest to the corpse are required to bring a calf to an untilled valley, decapitate it, wash their hands over it, and then they must recite a verse, declaring publicly that they did not kill the person).

The Gemora explains the reason for this: It is written: If a corpse will be found on the land that Hashem your God gives you to inherit it. The Tanna of our Mishna holds that Yerushalayim was not apportioned among the tribes. It was given to all of Klal Yisroel, and therefore, it is not included in the verse of being “land that was given to inherit it.”

The halacha would be that the city, which is next closest to the spot where the body was found, would bring the eglah arufah.

The Gemora in Bava Basra (23b) states that the halacha of eglah arufah is only applicable when the city is located between two mountains, and therefore, people do not frequent that area. For if it would be a city where many people from the world pass through, we would say that the murderer did not come from the nearest city; but rather, he came from the majority of the world.

Tosfos there asks: If so, why is it necessary to exclude Yerushalayim from bringing an eglah arufah based upon the verse “to inherit it”? Yerushalayim should be excluded because it is a city where all people from the world pass through. They come for the pilgrimage and they come during the year to offer their sacrifices and to eat their ma’aser! It emerges that we would never attribute the murderer to the residents of Yerushalayim, for most of the people there are from the rest of the world!?

Tosfos answers that there were streets in Yerushalayim that were only frequented by the residents of Yerushalayim, and it is on account of those areas that the verse is necessary to exclude Yerushalayim from bringing an eglah arufah.

HaRav Elyashiv derives from this Tosfos the following halacha: If there would be a city that a portion of it would not be fit to bring an eglah arufah, but a different part of the same city would be suitable to bring it, that city would be required to bring an eglah arufah.

Accordingly, if they would add on to the city of Yerushalayim (like the Gemora in Shavuos 14b states that this can be done with a Beis Din of seventy-one and the Kohen Gadol), and the added area would be apportioned to all the tribes, Yerushalayim would be required to bring an eglah arufah on account of the extra area.

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Perfume for the Yerushalmi Women

The Mishna had stated: The groom should give ten dinars to her “kupah.”

The Gemora (Kesuvos 66b) asks: What is her “kupah?” Rav Ashi says: It refers to her box of perfumes. Rav Ashi qualified this ruling: This law was only stated regarding Yerushalayim.

Tosfos explains: Although, the Gemora in Yoma (39b) states that a bride had no necessity to use fragrances because of the aroma of the ketores; they still required cosmetics in order to beautify her skin.

The Ritva (ibid) answers: It was beneath the dignity of the wealthy women in Yerushalayim to rely on the aroma of the ketores; their husbands were required to provide fragrances for them.

The Netziv answers that the aroma of the ketores was only sufficient during the time of the burning of the incense, but a husband needed to provide his wife with perfumes and cosmetics for the remainder of the time.

Reb Elozar Moshe Horowitz answers: On the contrary! The women of Yerushalayim required even more perfume than others. When they took leave of Yerushalayim, they needed to compensate for the lack of the aroma emanating from the ketores.

A similar answer is brought from the Likutei Chaver ben Chaim: A woman in Yerushalayim required even more perfume than an ordinary woman, for if she would want that her husband should recognize her distinct smell, she would need to use a lot of perfume in order that her aroma should not be negated by the aroma of the ketores.

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TWO RESURRECTIONS

The Gemora stated: Kol hamisavel al Yerushalyim zocheh vroeh bsimchasa – Anyone who mourns for Jerusalem will merit witnessing her joy.

The Ritva states that there are actually two periods of resurrection. One period is at the end of the era of our world, after the arrival of the Messiah, but an earlier one is at the time of building the Beis Hamikdosh. At that time, all those who died in exile will be woken up to take part in the rebuilding of the Beis Hamikdosh. Those who did not drop a tear will not be woken. There still exists a possibility that they may be woken at the end of time.

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HAPPY ANNIVERSARY

Mazel Tov to Daf Notes on our first year anniversary. We would like to thank all the contributors for their superb efforts in keeping up with the Daf and for all the comments. Our gratitude is also extended to all those throughout the world who have disseminated the Daf Notes and made others aware of this unprecedented tool to studying the Daf in depth. Yasher koach, and HaShem should give us the strength to continue being marbitz Torah, lihagdil Torah ulehadirah.



PLEASE CLICK ANYWHERE ON THIS POST FOR A TRIP DOWN MEMORY LANE, AND PERHAPS YOU'LL FIND A POST THAT YOU MISSED THE FIRST TIME AROUND.

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Daf Yomi - Chagigah 7 - SPIRITUAL ASCENT TO YERUSHALAYIM

by Reb Ben

The Gemara cites a verse in Shir HaShirim that states mah yafu peomayich baneolim bas nadiv, how lovely are your steps in sandals, O daughter of the noble? The Gemara explains that this verse refers to the lovely steps of the Jewish People when they ascended to Jerusalem for the festival. Rabbeinu Bachye in Parashas Mishpatim cites a Medrash that states that when the Torah instructs the Jewish People to ascend three times a year to Jerusalem, it is said shalosh peamim and shalosh regalim, which literally mean three times. In Yeshaya it is said tirmisenah ragel raglei ani paamei dalim, it is trampled underfoot: the feet of the poor, the soles of the meek. From the verse in Shir HaShirim we derive a law that one is only allowed to ascend to Jerusalem for the three times a year pilgrimage by foot and one is forbidden to ascend in any other manner. This law is derived from the fact that Scripture uses the words peomayich and neolim, which allude to one walking as opposed to traveling on an animal or in a wagon.

It is noteworthy that the Sfas Emes explains that the concept of neilas hachag, the traditional festive meal that is eaten at the end of the three festivals, is based on this verse in Shir HaShirim. The word baneolim alludes to the lock, i.e. the safeguarding of the festival. Perhaps we can extend this idea further, based on what the Sfas Emes writes elsewhere that the word regel alludes to the physical and what a person performs by rote. On a festival, however, one should take the physical acts that he is engaged in and he should make a manul, i.e. a lock to it. When one is ascending in a physical sense to Jerusalem, he should essentially trample the regel, i.e. he should negate the physical and capture the spirituality of the festival. One should trample the feet of the poor, i.e. the poor in knowledge, who until now was starving for a spiritual ascent. One should trample the soles of the meek, i.e. the one who until now was not courageous enough to ascend the spiritual ladder should cast away his physical existence and conduct himself on a spiritual plane. This was the focus of the pilgrimage to Jerusalem, as one “rose” above the physicality of this world and acquired spiritual gains on the festivals.


SHABBOS IN THE DAF

The Gemara states that one cannot ascend for the pilgrimage to Jerusalem on the three festivals half-way. The Tamara interprets the words half-way to mean that those who are engaged in work that cause them to emit foul odors are exempt from ascending to Jerusalem. This ruling teaches us a powerful lesson. Prior to entering into the Holy Shabbos, one should take care to remove any vestige of contamination or defilement that may have attached itself to him during the week, because one cannot appear before HaShem when in a state of contamination and defilement. Shabbos is a day of purity and holiness, and we must prepare ourselves appropriately so that we can bask in the light of the Divine Presence.

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Daf Yomi - Chagigah 3 - PILGRIMAGE WITH SHOES ONLY

The Gemara cites a verse in Shir HaShirim that states mah yafu peomayich baneolim bas nadiv, how lovely are your steps in sandals, O daughter of the noble? The Gemara explains that this verse refers to the lovely steps of the Jewish People when they ascended to Jerusalem for the festival. The words bas nadiv refer to Avrohom Avinu who is referred to as the nadiv, the noble one.

What is the connection between the pilgrimage to Jerusalem and Avrohom Avinu? The Mahretz Chayus in his responsa (7) quotes Rabbeinu Bachye in Parshas Mishpatim who cites a Medrash that states that from the verse in Shir HaShirim we derive a law that one is only allowed to ascend to Jerusalem for the three times a year pilgrimage by foot and one is forbidden to ascend in any other manner. This law is derived from the fact that Scripture uses the words peomayich and neolim, which allude to one walking as opposed to traveling on an animal or in a wagon.

The Mahretz Chayus writes that he was not able to locate the source of this Medrash. The Mahretz Chayus also cites the Yerushalmi in Pesachim (4:7) that would indicate that the law is the opposite of the Medrash that is quoted by Rabbeinu Bachye. There is a dispute between Rabbi Yose and the Tanna Kamma if a leather craftsman is permitted to work on Erev Pesach. Rabbi Yose permits them to work because the people who were making the pilgrimage to Jerusalem needed to have their shoes and sandals fixed in honor of the festival. The Tanna Kamma disagrees and maintains that it was not necessary to have leather craftsmen as the Jewish People were wealthy and they all ascended to Jerusalem by riding on animals. This discussion indicates that it was permitted to ascend to Jerusalem by riding on an animal and walking was not the only permitted means of transportation.

Rav Elyashiv heard from a Torah scholar who said that whether the halacha is in accordance with Rabbeinu Bachye that one could only ascend to Jerusalem by foot or whether it was merely the poor people who ascended by foot, it is evident from the Yerushalmi that there was a concern that people required shoes in order to fulfill the mitzvah. In all likelihood, this concern would have resulted in a collection for the poor prior to the festival, similar to a collection of food that was orchestrated on behalf of the poor. Perhaps it is for this reason that the Gemara mentions Avrohom Avinu regarding the pilgrimage. The character of kindness displayed by the Jewish People is an inheritance from Avrohom Avinu and in a sense, it was Avraham Avinu who catalyzed the outpouring of kindness that the Jewish People demonstrated when the Jewish People ascended to Jerusalem for the festivals.

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