Braisa diRebbi Yishmael The Braisa of Rebbi Yishmael is the introduction to Toras Kohanim (Sifra diBei Rav). It is presented here in English translation with the corrections of the Vilna Gaon and the explanation of the Chofetz Chaim. Note that the "Braisa diRebbi Yishmael" that is printed in siddurim before Pesukei diZimra is actually just the first two piskim of Perek Rishon. Perek Rishon Piska 1 (Note: Perek Rishon is different from Perek 1, which follows.) Rebbi Yishmael says, the Torah is explained by means of 13 midos: 1) miKal viChomeir 2) uMiGezeirah Shava 3) miBinyan av viKasuv echod, uMiBinyan av miShnei chesuvim 4) miKlal uFrat 5) uMiPrat uChlal 6) miKlal uFrat uChlal, i atah dan elah kiEin haPrat 7) miKlal sheHu tzarich liFrat, uMiPrat sheHu tzarich liClal Perek Rishon Piska 2 8) Kol davar sheHaya biChlal viYatza min haKlal liLameid, lo liLameid al atzmo yaztza, ele liLameid al haKlal kulo yatza 9) Kol davar sheHaya biChlal viYatza min haKlal liton toan acheir sheHu chiInyano yatza lihakeil viLo lihachmir 10) Kol davar sheHaya biChlal viYatza min haKlal liton toan acheir sheLo chiInyano yatza lihakeil uLihachmir 11) Kol davar sheHaya biChlal viYatza min haKlal lidon davar chadash i ata yachol lihachziro liChlalo ad sheYachzirenu haKasuv liChlalo biFeirush 12) Davar haLameid meiInyano viDavar haLameid miSofo 13) Shnei chesuvim haMachishim zeh es zeh ad sheYavo kasuv haShlishi viYachria beineihem Perek Rishon Piska 3 (explanation of Midah 1) What is an example of miKal viChomeir? [Regarding Miriam's punishment for being certain about the impropriety of Moshe's behavior](baMidbar 12:14) "vaYomer Hashem el Moshe viAviha yarok yarak biFaneha haLo tikaleim shivas yamim..." [One might erroneously conclude:] Kal viChomeir, regarding the Divine Presence, [she ought to be confined for] fourteen days. However [the true application of Kal viChomeir follows this principle:] it is sufficient for the logically derived conclusion [of the kal viChomeir] to be [as strict] as the prime example [but not more so]. [Therefore, the posuk cited above continues:] "...tisageir shivas yamim miChutz laMachaneh viAchar teiaseif." Perek Rishon Piska 4 (explanation of Midah 2) What is an example of miGezeirah Shava? It is said regarding [the oath required of] a Shomeir Sachar: (Shemos 22:10) "...im lo shalach yado biMleches reieihu..." and it is said [using the same phraseology] regarding a Shomeir Chinam (Shemos 22:7) "...im lo shalach yado [biMleches reieihu]". Just as we find regarding a Shomeir Sachar (where the phrase "im lo shalach yado" is used) that his heirs are exempt [CC: from taking an oath], so too regarding a Shomeir Chinam (where the phrase "im lo shalach yado" is also used), his heirs are exempt [from taking an oath] Perek Rishon Piska 5 (explanation of Midah 3, part 1) What is an example of miBinyan av viKasuv echod? [Regarding objects that are made tamei by a zav, see vaYikra 15:4]: A bed is not like a seat, and a seat is not like a bed. What they have in common is that each one is an object made for people, exclusively, to rest on, and a zov is metamei it (if most [CC, Raavad: of his weight is supported by it]) to the extent that it will be metamei another person biMaga and biMasa and the clothing that he is wearing. So too, any object made for people, exclusively, to rest on, a zav is metamei it (if most [of his weight is supported by it]), to the extent that it will be metamei another person biMaga and biMasa and the clothing that he is wearing. This excludes a [CC, Gr"a: tarkav (basket) (see Shabbos 59)], which is made to bear other types of loads. Perek Rishon Piska 6 (explanation of Midah 3, part 2) What is an example of miBinyan av miShnei chisuvim? Parashas haNeiros (vaYikra 24:1-4) is not like [Parashas] Shiluach Temeiim (baMidbar 5:1-4) [CC: Lighting the menorah was a regular observance, whereas the ejection of temeiim was not], and Parashas Shiluach Temeiim is not like Parashas haNeiros. [CC: One who is tamei could incur kareis, whereas one who failed to light the menorah could not.] What they have in common is that each was commanded using the word "tzav", and that each was to be fulfilled immediately (baMidbar 8:3 and 5:4) as well as throughout the generations (vaYikra 24:3 and baMidbar 19:21). So too, any commandment that uses the word "tzav" is to be fulfilled immediately as well as throughout the generations. Perek Rishon Piska 7 (explanation of Midah 4) What is an example of miKlal uFrat? [Regarding which animals are permitted to be brought as karbanos](vaYikra 1:2) "...min haBeheima..."[CC: This could include a chaya]: Klal. "...min haBakar uMin haTzon...": Prat. The klal can contain only that which was specified from the prat [CC: To exclude a chaya from being brought as a korban]. Perek Rishon Piska 8 (explanation of Midah 5) What is an example of miPrat uChlal? [Regarding the responsibilities of a Shomeir Sachar](Shemos 22:9) "ki yitein ish el reieihu chamor o shor o seh...": Prat. "...viChol beheima lishmor...": Klal. [With] a Prat uChlal, the klal is made to expand upon the prat. (explanation of Midah 6) What is an example of miKlal uFrat uChlal? [Regarding purchases that are permissible with maaseir sheini] (Devarim 14:26) "viNasata haKesef biChol asher tiaveh nafshecha": Klal. "baBakar uVaTzon uVaYayin uVaSheichar": Prat. "uViChol asher tishalecha nafshecha": returning to a Klal. [With] a Klal uFrat uChlal one can infer only something similar to the prat. [In this case, the klal uFrat uChlal comes] to say to you: the prat indicates something that is the fruit of a fruit and grows from the ground. Therefore, one is allowed to purchase only foods that are the fruit of a fruit and grew from the ground, to exclude mushrooms and truffles. [CC: which are fruits, but not the product of other fruits] Perek Rishon Piska 9 (explanation of Midah 7) What is an example of miKlal sheHu tzarich liFrat and miPrat sheHu tzarich liChlal? [Regarding the obligation to sanctify first-born sons and domestic animals] (Exodus 13:2) "Kadeish li chol bechor..." One might assume the verse includes females as well. Therefore, it is written (Devarim 15:19) "...[ha]Zachar...". [CC: This is an example of Midah 4 above.] If the verse specifies [Gr"a biShem haGemara: first-borns, one might assume this includes Cesarian births as well], therefore, it is written (Exodus 13:2)"...peter [kol] rechem..." [CC: This is an example of Klal haTzrich liFrat. The prat "peter rechem" does not merely limit "bechor", it is part of the initial definition of "bechor".] If the verse specifies a vaginal birth, one might assume this includes even the first vaginal birth following a Cesarian birth, therefore, it is written (Exodus 13:2) "...bechor..." [CC: This is an example of Prat haTzarich liChlal. "Bechor" is necessary to define "peter rechem".] That is an example of Klal haTzarich liFrat and uFrat haTzarich liChlal. Perek 1 Piska 1 (explanation of Midah 8) What is an example of Kol davar sheHaya biChlal viYatza min haKlal liLameid, lo liLameid al atzmo yaztza, ele liLameid al haKlal kulo yatza? [Regarding one who eats shelamim in a state of tumah] (vaYikra 7:20) "viHaNefesh asher tochal basar miZevach haShelamim asher laHashem viTumaso alav, viNichrisa haNefesh haHi..." But shelamim are certainly included in the general category of kodshim, as is written (vaYikra 7:37) "Zos haTorah laOlah laMincha viLaChatas viLaAsham, viLaMiluim uLiZevach haShelamim." [And regarding eating any kodshim in a state of tumah:] (vaYikra 22:3) "kol ish asher yikrav [Rashi,CC: =eating] miKol zarachem el haKodashim... viTumaso alav viNichrisah..." When a case is addressed independently from the general category to teach [a new precondition], it is not being addressed independently to teach [that precondtion] about itself, rather, it is being addressed independently in order to teach [that precondtion] about the entire general category, [In our example, the midah comes] to say to you: Just as shelamim have the sanctity of an offering intended for the altar [kedushas haGuf], so too, [the kareis penalty for one who eats any kodshim in a state of tumah] applies only to kodshim that have the sanctity of an offering intended for the altar, which excludes kodshim that has merely the sanctity of Temple property [kedushas damim]. Perek 1 Piska 2 (explanation of Midah 9) What is an example of kol davar sheHaya biChlal viYatza min haKlal liton toan acheir sheHu chiInyano yatza lihakeil viLo lihachmir? [Regarding the evaluation of tzaraas on previously inflamed skin] (vaYikra 13:18) "uVasar ki yihiyeh vo viOro shechin, viNirpah." And [regarding the evaluation of tzaraas on previously burned skin] it is written (vaYikra 13:24) "O vasar ki yihiyeh viOro michvas eish..." But [the laws of tzaraas on skin that was] previously inflamed or burned are certainly included in the laws of tzaraas [in general][CC: vaYikra 13:1 and following]. [Rather,] when a case is are addressed independently to modify the rules along the same lines [as the general rule] [CC: that white hairs are mitamei], it is to be makil, and not to be machmir. To be makil on [skin that was previously inflamed or burned], by not evaluating [its tzaraas based on the appearence of an area of] healthy skin, and by not evaluating it beyond a [single] week-long [waiting period]. [CC: And not to be machmir by ignoring kulas from the klal, for example, the kula of pronouncing one who has tzaraas from head to toe as tahor.] Perek 1 Piska 3 (explanation of Midah 10) What is an example of kol davar sheHaya biChlal viYatza min haKlal liton toan acheir sheLo chiInyano yatza lihakeil uLihachmir? [Regarding the evaluation of a nesek on the head] (vaYikra 13:29) "viIsh o isha ki yihiyeh vo naga biRosh o viZakan." But [an affliction on a patch of bare skin on] the head and the beard are certainly included in [the general category of afflictions on the] skin and flesh [vaYikra 13:1 and following]. [Rather,] when a case is addressed independently to modify the rules along lines that are different [from the general rule] [CC: that gold hairs, rather than white hairs are mitamei], it is to be makil and to be machmir. To be makil on [the head and the beard], by not evaluating [their tumah based on the presence of] white hairs, and to be machmir on them, by evaluating them based on gold hairs. Perek 1 Piska 4 (explanation of Midah 11) What is an example of kol davar sheHaya biChlal viYatza min haKlal lidon davar chadash i ata yachol lihachziro liChlalo ad sheYachazirenu haKasuv liChlalo biFeirush? [Regarding the asham offering brought on the eighth day of the purification of a metzora] (vaYikra 14:13) "viShachat es haKeves biMkom asher yishchat es hachatas viEs haOlah biMkom haKodesh [ki kaChatas haAsham hu laKohein]..." It is unnecessary to state "[the asham is] like a chatas for the kohein", [CC: since this is included among the general laws of the asham (vaYikra 7:1 and following)]. Rather, since [the asham of the metzora] is addressed independently in order to add a new [CC: unlike any other korban] rule: [placing blood on] the right thumb, big toe, and ear [of the metzora (vaYikra 14:14)], one might assume that [because of this new rule] [the asham metzora] would not require placement of blood and eimurim on the mizbeiach. Therefore, it is written (vaYikra 14:13) "...ki kaChatas haAsham hu laKohein..." That is, the posuk has explicitly returned [the rules of the asham metzora] to the rules [of the asham] in general, to say to you: Just as a chatas requires placement of blood and eimurim on the mizbeiach, so too does the asham [CC: metzora] require placement of blood and eimurim on the mizbeiach. Perek 1 Piska 5 (explanation of Midah 12, first part) What is an example of "davar haLameid meiInyano"? [Regarding tzaraas of the back of the head] (vaYikra 13:40) "viIsh ki yimareit rosho keireiach hu tahor hu." One might assume he is tahor from any tumah. Therefore, it is written (vaYikra 13:42) "viChi yihiyeh vaKarachas o vaGabachas..." The rule is learned from context that he is not tahor from all types of tumah, rather, he is tahor only from the tumah of nesokim (vaYikra 13:29-37). Perek 1 Piska 6 (explanation of Midah 12, second part) What is an example of "davar haLameid miSofo"? [Regarding tzaraas of houses] (vaYikra 14:34) "...viNasati nega tzaraas biVeis eretz achuzaschem." This implies that a house of stones, wood, and dirt can receive tumah. [CC: A typical house was constructed of all three.] One might assume this applies even to a house that is not of stones, dirt, and wood. [CC: That is, of only one or two of these materials, since it is still referred to as a house.] Therefore, it is written (vaYikra 14:45) "viNasatz es haBayis es avanav viEs eitzav viEs kol afar haBayis..." The rule is learned from the end [of the topic] that a house can receive tumah only if it is of stones, wood, and dirt. Perek 1 Piska 7 (explanation of Midah 13) What is an example of shnei chesuvim haMachishim zeh es zeh ad sheYavo kasuv haShlishi viYachria beineihem? One posuk says [Regarding how Hashem spoke to Moshe] (Shemos 19:20) "vaYeired Hashem al har Sinai el rosh haHar..." and another posuk says (Shemos 20:19)"...ki min haShamayim dibarti imachem" A third posuk comes and resolves [the apparent contradiction] between them (Devorim 4:36): "min haShamayim hishmiacha es kolo liyasirecha viAl haAretz heracha es isho haGedolah uDivarav shamata mitoch haEish." His voice [came] from heaven, and his speech was heard on the ground. Another resolution: Hashem heaped the heavens on top of Har Sinai and spoke with them. And so did Dovid say (Tehillim 18:10): "vaYeit shamayim vaYeirad, vaArafel tachas raglav." Perek 1 Piska 8 (another example of Midah 13) One posuk says (baMidbar 7:89) "uViVo Moshe el ohel moeid lidabeir ito..." And another posuk says (Shemos 40:35) "viLo yachol Moshe lavo el ohel moeid..." [A third posuk comes and] resolves [the apparent contradiction between them] (Shemos 40:35) "ki shachan alav heAnan..." Consequently say: As long as the Cloud was there, Moshe would not enter there. When the Cloud lifted itself, he would enter and speak with Him. Rebbi Yosi haGalili says, notice, it says: (Melachim 1 8:11) "viLo yachlu haKohanim laamod lishareis mipnei heAnan, ki malei kivod Hashem es beis Hashem." This teaches that malachim [=agents, such as the Cloud] were given permission to destroy. So too the posuk says (Shemos 33:22)"...viSakosi chapi alecha ad avri." This teaches that malachim were given permission to destroy. So too the posuk says (Tehillim 95:11) "asher nishbati viApi, im yivoun el menuchasi." When my anger abates, then you may come to My place of tranquility. Hillel the elder [CC: used, or distilled from the above thirteen] seven midos in front of the judges [led by the Bnei] Beseira: 1) kal viChomeir 2) uGezeira shava 3) uChlal uFrat [CC: including all the combinations of frat and klal explained above] 4) uChiYotzei vo viMakom acheir [CC: that is, binyan av, either from one or two pesukim] 5) uDavar lameid meiInyano [CC: and also miSofo] 6) uShnei Chesuvim [Raavad: that is, haMachishim zeh es zeh] These are the seven midos which Hillel the Elder used in front of the judges of Beseira. [The CC edition, as well as the standard edition with Raavad, list only six midos. The Raavad inserts "binyan av" as the third midah, bringing the total to seven.]
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