Horiyot: 11
The King, the Mumar, and the Oil of Anointment
Part of Horiyot · 54:45
A Horayot sugya on which sin-offering a king or mumar brings, the definition of a mumar through cases like eating meat with milk or wearing shatnez, and the halachos of the shemen hamishchah used to anoint kings and Kohanim Gedolim.
Audio Transcript
Jewish audio on chabad.org. Sinned b'shogeg from the nation of the land. ืืขื ืืืจืฅ ืคืจื ืืืฉืื. The pasuk says ืืขื ืืืจืฅ, from the people of the land, which means that not every person would be included in this din of bringing a ืงืจืื ืืืืช, it comes to exclude the ืืื ืืฉืื. The ืืื ืืืื would not bring this ืงืจืื ืืืืช as the pasuk says there, which is the regular ืงืจืื ืืืืช of a ืืฉืื or a ืฉืขืืจื. ืืขื ืืืจืฅ, this word ืืขื ืืืจืฅ also comes to teach us ืคืจื ืื ืฉืื, to exclude the ื ืฉืื, that the ื ืฉืื, the king, if he does an ืขืืืจื ืืฉืืื, he is not included in that korban that the parsha speaks about there, which is the regular ืืืืช of a ืืืื, but he has his own special ืืืืช. And then the Gemara asks, ืืื ืืฆืื ืืฉืื ืืืืื ืืคืจ ื ืฉืื ืืืืื ืืฉืขืืจ, why do we have to have this pasuk to exclude the ืืื ืืืื from the regular ืืืืช, and to exclude the ื ืฉืื from the regular ืืืืช, when the Torah itself excludes them? The Torah itself has a whole parsha there to tell us what kind of korban the ืืื ืืฉืื brings, which is a different korban than the regular ืืืืช. The ืืื ืืฉืื brings a ืคืจ, while the regular ืืืืช is a ืืฉืื or ืฉืขืืจื. And also by the ื ืฉืื, the Torah has a whole parsha telling us what korban the ื ืฉืื brings, a ืฉืขืืจ, which is not the same ืงืจืื as the regular ืืืืช, which is a ืืฉืื or a ืฉืขืืจื. So why do we have to have this ืคืกืืง ืืขื ืืืจืฅ to exclude a ืืื ืืฉืื and a ื ืฉืื? And the answer is ืฉืืืื, because I would have thought, ืืฉืื ืืขืื ืืืจ ืขื ืฉืืืืช ืืขืฉื ืืืืชื ืคืจ, that when does the ืืื ืืฉืื bring his special ืงืจืื, the ืคืจ? Only if there was ืืขืื ืืืจ with ืฉืืืืช ืืขืฉื, as we've been learning the whole time, that a ืืื ืืืื only brings his ืงืจืื if he didn't just do the ืขืืืจื ืืฉืืื, first he ืคืกืงื 'ื ืืฉืืื wrong, and then he followed his ืคืกืง ืืื, so then he brings his ืงืจืื. But ืฉืืืืช ืืขืฉื ืืืื ืืืืชื ืืฉืื ืืฉืขืืจื, I would think, but if he only did the ืขืืืจื ืืฉืืื without a previous ืคืกืง ืืื, so then he doesn't bring his ืคืจ, so I would think then he brings a regular ืงืจืื ืืืืช, a ืืฉืื or a ืฉืขืืจื, like a regular ืืืื, ืชืืืื ืืืืจ ืืขื ืืืจืฅ, that's why we have to have the ืคืกืืง ืืขื ืืืจืฅ ืคืจื ืืืฉืื, to exclude the ืืื ืืฉืื, that even then he doesn't bring the regular ืงืจืื. So
what happens if it is just ืฉืืืืช ืืขืฉื? He doesn't bring any ืงืจืื. And then the Gemara asks, we also said ืืขื ืืืจืฅ ืคืจื ืื ืฉืื, that the word ืืขื ืืืจืฅ come to exclude the ื ืฉืื, that he doesn't bring the regular ืืืืช of ืืฉืื ืืฉืขืืจื, why do we need that ืคืกืืง to exclude him? ืชืื ื ืืฉืื, we understand why we need the ืคืกืืง to exclude the ืืื ืืฉืื from the regular ืืืืช as we said before, because by ืืื ืืฉืื there's a special ืืื that his ืงืจืื he only brings if there was ืืขืื ืืืจ ืขื ืฉืืืืช ืืขืฉื, so there would be a hava amina to say that if there was just ืฉืืืืช ืืขืฉื he brings a regular ืงืจืื, so we need the ืคืกืืง to exclude that. ืืื ื ืฉืื, but the ื ืฉืื ืืฉืืืืช ืืขืฉื ืืื ืืืืืชื, for the ื ืฉืื his special ืงืจืื is brought when there was just ืฉืืืืช ืืขืฉื, so here there is no hava amina to say that if there was just ืฉืืืืช ืืขืฉื he would bring the regular ืงืจืื ืืืืช, because his ืฉืขืืจ that he brings, his special ืืืืช, is brought only when there is ืฉืืืืช ืืขืฉื. He is not like the ืืื ืืืื that brings his ืงืจืื when there was ืืขืื ืืืจ ืืฉืืืืช ืืขืฉื. By the ื ืฉืื we don't need ืืขืื ืืืจ, even just for ืฉืืืืช ืืขืฉื he brings his ืฉืขืืจ. So when would there be a hava amina that he should be included in the regular ืงืจืื ืืืืช of a ืืืื? ืืืจ ืจื ืืืื ืืฉืืื ืืจืื, so ืจื ืืืื said in the name of ืจืื, ืืื ืืืื ืขืกืงืื ื, here we're talking in a case, again for instance, ืฉืืื ืืืืช ืืื ืืฉืืื ืืืืื, that he ate a ืืืืช of ืืื when he was still an ordinary person before he became the ื ืฉืื, ืื ืชืื ื, and then he was appointed to become the ื ืฉืื, ืืืืจ ืื ื ืืืข ืื, and then he found out that he ate the ืืืืช of ืืื before, salka da'atech amina, so I would think, ื ืืืชื ืืฉืื ืืฉืขืืจื, he should bring a regular ืงืจืื ืืืืช, a ืืฉืื or a ืฉืขืืจื, because he did the ืขืืืจื when he was still an ืืืืื. Ka mashma lan, that's what we need the ืคืกืืง ืืขื ืืืจืฅ for, to teach us that even though he did the ืขืืืจื when he was a ืืืืื, but since he found out when he was already a ื ืฉืื, he is not included in the ืืฉืื ืืฉืขืืจื of the regular ืงืจืื ืืืืช of a ืืืืื, and that's what the ืคืกืืง ืืขื ืืืจืฅ comes to teach us. And then the
Gemara asks, ืื ืืื, this is only good Rabbi Shimon, according to ืจืื ืฉืืขืื, ืืืืื ืืชืจ ืืืืขื, that he says we follow the ืืืืขื, we follow the time when he found out, which means as we learned before in the Mishnah that Rabbi Shimon says that if he did the aveirah before he became a ื ืฉืื, but found out after he became a ื ืฉืื, he is patur from a korban, and the reason is because Rabbi Shimon needs the ืืื and the ืืืืขื both at the same time, at the same stage while he's in the same ืืขืื, and therefore since he did the aveirah when he was an ืืืืื and he found out when he was a ื ืฉืื, so according to Rabbi Shimon he is patur from a korban. So the ืืืืื that we just said, ืืขื ืืืจืฅ, that comes to teach us that in this case you are patur from the regular ืืืืช, would fit according to Rabbi Shimon. ืืื ืืจืื ื, but according to the ืจืื ื, ืืืืื ืืชืจ ืืืื, that they follow the time of the ืขืืืจื, ืืื ืืืื ืืืืืจ, what can we say? Because according to the ืจืื ื in this case, when he did aveirah when he was still a ืืืืื, and found out about the aveirah after he was a ื ืฉืื, he would bring the regular ืืฉืื ืืฉืขืืจื. Because by the ืจืื ื, the ืขืืงืจ is the time of the ืืื, so according to them we cannot say that the ืคืกืืง ืืขื ืืืจืฅ comes to exclude this case, that he would not bring the regular korban, because the ืจืื ื hold that he would bring a regular korban in this case. So what does the ืคืกืืง ืืขื ืืืจืฅ come to exclude the ื ืฉืื for?
ืืื ืืืจ ืจื ืืืื ืืฉืืื ืืจืื, so Rav Zevid said in the name of ืจืื, ืืื ืืืื ืขืกืงืื ื, here we are talking in the case, ืืืื ืฉืืื ืืฆื ืืืืช ืืื ืืฉืืื ืืืืื, he ate a half a ืืืืช of ืืื when he was still a ืืืืื, ืื ืชืื ื, and then he was appointed to become the ื ืฉืื, ืืืฉืืืื, and then he ate another half a ืืืืช, ืืืืจ ืื ื ืืืข ืื, and then he found out that he ate the ืืื. He found out about the first half that he ate before he was appointed and about the second half that he ate after he was appointed. ืกืืงื ืืขืชื ืืืื ื, I would think ืืฆืืจืฃ, let's combine them both, that ื ืืืชื ืืฉืื ืืฉืขืืจื, and he should bring the ืงืจืื ืืฉืื ืืฉืขืืจื as a ืืืืื would bring, since the first half was eaten when he was still a ืืืืื. So let's combine the second half to the first half, and he should bring the regular ืงืจืื ืืืืช of a ืืืืื ืืฉืื ืืฉืขืืจื, ืงื ืืฉืืข ืื, that's what we need the ืืขื ืืืจืฅ to tell us, that in a case like this he's excluded from the ืืฉืื ืืฉืขืืจื and he doesn't bring this ืืืืช. Then the Gemara says, ืืขื ืืื ืื ืจืื ืืจื ื ืืื, ืจืื asked a she'eilah of ืจื ื ืืื, ื ืฉืืืืช ืืื ืฉืชืคืกืืง? What is the din, would ื ืฉืืืืช, would becoming a ื ืฉืื be ืืคืกืืง? Would that be an interruption in the ืขืืืจื? And he explains, ืืืื ืืื, what is the case? ืืืื, for instance, ืฉืืื ืืฆื ืืืืช ืืื ืืฉืืื ืืืืื, he ate a half a ืืืืช ืืื when he was still a ืืืืื, ืื ืชืื ื, and then he was appointed as ื ืฉืื, ืืขืืจ, they took him away from being ื ืฉืื, for whatever reason now he is not a ื ืฉืื anymore, ืืืฉืืืื, now that he's back a ืืืืื, he was ืืฉืืื, he completed the ืืืืช. So the question is, is he ืืืื like a regular person a ืืฉืื ืืฉืขืืจื, or is he ืคืืืจ? And he explains what the reasoning behind the she'eilah is. ืืชื, in that case we mentioned before, that he ate a half a k'zayit when he was a hedyot, and the other half when he was a ื ืฉืื, and we said before he is patur from the korban chatat, we understand why. Over there, ืืื ืืื ืืฆืืจืฃ, there we say that we don't combine the two ืืฆื ืืืืชืื, ืืืืื ืคืืื ืืฉืืื ืืืืื ืืคืืื ืืฉืืื ื ืฉืื, because he ate half while he was a hedyot and half when he was a ื ืฉืื, so you can't combine the two halves because each one was eaten at a different stage. ืืื ืืื, but here, ืืืืื ืืืืื ืืฉืืื ืืืืื ืืืื, because in both cases, which means both halves, he ate while he was a hedyot. The first half he ate before he was a ื ืฉืื, and the second half he ate after he was a ื ืฉืื, but then he turned back into a hedyot and he ate it while he was a hedyot. So here we would say ืืฆืืจืฃ, it is combined, because they were both eaten in the same situation. ืื ืืืืื, or maybe ืื ืฉื ื, there is no difference. Since he became a ื ืฉืื in between, so then the first half already is finished, you can't combine the first half to anything because since he became a ื ืฉืื his situation changed and that first half is off, now when he ate later the other half as a hedyot, so that is a separate thing and we can't combine the two. So ืืื, what is the din? The Gemara says, ืชืคืฉืื ืืื, you could answer this question, you could resolve it, ืืื ืืืืจ ืขืืื ืืืจ ืจืื ืืืื ื, from what Ulla said in the name of Rabbi Yochanan: ืืื ืืื ืืืคืจืืฉ ืงืจืื, a person ate chalav and he separated a korban, he put aside a korban chatat for his ืืื, ืืืืืจ, and then he became a mumar, the din is that a mumar cannot bring a korban chatat. A mumar is a person, as the Gemara will explain later, who does aveirot, he doesn't care about the Torah and he does aveirot. So if he ate chalav and then he separated his chatat, but before he managed to bring his korban chatat he became a ืืืืจ, ืืืืจ ืื, and then he did teshuvah, so on one hand we could say that since lemafre'a when he did the aveirah he wasn't a mumer, when he separated the korban he wasn't a mumer, now that he wants to bring the korban he's not a mumer either. The only thing is, in between he was a mumer. So is the korban good or not? So he said,
ืืืืื ืื ืืื ืืืื, since the korban was pushed away when he became a mumer, so then the korban was not ra'ui, was not fit at that time. So now even though he did teshuvah, the korban is still not fit, because as soon as the korban is pushed away and not fit to be brought, so then he cannot bring it now either. The same thing would be here also, that since when he became a nasi, he was nidche from the korban of a hedyot, so then later on even though he is not a nasi anymore, he's back to a hedyot, but since at a point he was a nasi, he was nidche from the korban of ืืฉืื ืืฉืขืืจื, the regular korban chatat, so then later on the second half a kezayit cannot be mitztaref to the first and to say that he should be able to bring the regular korban. The Gemara says, ืืื ืืฉืชื, what kind of comparison is it? ืืืืจ ืืื ืืจ ืืชืืื ืงืจืื ืืื. In the case where he became a mumer in between, so then he became a person that is not fit to bring a korban, because a mumer is not at all in the category of of a korban. But hai, this person, when he became a ื ืฉืื, ืืจ ืืชืืื ืงืจืื ืืื, he's still a person that brings a korban. The only thing is, since he became a nasi, so now the type of korban he would have to bring for an aveirah he would do now would be a different korban, a korban sa'ir. But still, he is in the category of a korban. So maybe in a case like that we don't say that he was nidche and therefore he should be ื ืืื completely. So we can't prove it from the case of a ืืืืจ, when there was a time in between when he was completely out of the category of a korban, to the time when he became a ื ืฉืื, when he's still in the category of a korban, just that at that time he would have to bring a different korban. Then the Gemara says,
ืืขื ืืื ืื ืจื ืืืื ืืจื ืฉืฉืช, ืจื ืืืื asked a she'eilah of ืจื ืฉืฉืช, ืืื ืกืคืง ืืื ืืฉืืื ืืืืื, if he ate a ืกืคืง ืืื while he was a ืืืืื. He ate a piece of fat which is a safek whether it was ืืื or ืฉืืื. And this is an aveirah which warrants an ืืฉื ืชืืื. Now had he found out that he did this ืกืคืง ืืื, he would have to bring an ืืฉื ืชืืื. But the case is that he did it when he was a ืืืืื and didn't find out yet. ืื ืชืื ื, and then he became a ื ืฉืื. ืื ืืืข ืื ืขื ืกืคืืงื, and then he found out about the safek that he did. ืืื, what is the din? And the Gemara explains, ืืืืื ืืจืื ื ืืืืื ืืชืจ ืืื, according to the ืจืื ื who follow the time of the ืืื, ืื ืชืืืขื ืื, I don't even ask the question, ืืืืืชื ืืฉื ืชืืื, I know for sure that he would bring an ืืฉื ืชืืื. Since the ืจืื ื hold that if he did an aveirah while he was a ืืืืื and he found out after he became a ื ืฉืื, he brings the korban chatat of a ืืืืื, in other words the ืจืื ื follow only the time of the cheit concerning the korban chatat, the same thing would be concerning the ืืฉื ืชืืื. That since he did the aveirah that needs an ืืฉื ืชืืื before he became a ื ืฉืื, while he was a ืืืืื, so even though he found out after he became a ื ืฉืื, definitely he would have to bring an ืืฉื ืชืืื. ืืื ืื ืชืืืขื ืื, when do I ask my question? ืืืืื Rabbi Shimon, according to Rabbi Shimon, who says that we follow both, when is he ืืืื a ืงืจืื? Only if the ืืื and the ืืืืขื happened before he was appointed as a ื ืฉืื. So the question is in this case, do we say ืืืื ืืืื ืืฉืชื ื ืืืืื ืืฉืชื ื ืืกืคืืง, that since his status was changed concerning a ืืืื, which means concerning a ืงืจืื ืืืืช which comes for a ืืืื ืขืืืจื, so he was also changed concerning the ืกืคืง, which means concerning the ืืฉื ืชืืื, which comes for a ืกืคืง ืขืืืจื. Which means that just like he was changed concerning a ืงืจืื ืืืืช, because a ื ืฉืื brings a different type of ืงืจืื ืืืืช, so too he was changed concerning ืืฉื ืชืืื. And even though a ื ืฉืื does bring an ืืฉื ืชืืื, as we learned before, if a ื ืฉืื does a ืกืคืง ืขืืืจื while he is a ื ืฉืื, he does bring an ืืฉื ืชืืื. But ืืคืืขื, he was changed from being a ืืืืื to being a ื ืฉืื, so his status changed. And according to Rabbi Shimon, when do you bring a ืงืจืื? Only if the ืืื and the ืืืืขื came at the same status. And therefore, since the ืืื in this case happened while he was a ืืืืื, the ืืืืขื of this ืืื, which is a ืกืคืง ืืื, happened after he became a ื ืฉืื, so it's like a different person found out the ืืื that a different person did. So then he would not bring the ืืฉื ืชืืื. ืื ืืืืื, or maybe, ืื ืืฉืชื ื ืืืืื, why did he change his status concerning a ืืืื? Because ืืฉืชื ื ืงืจืื ืื ืืืื, because his ืงืจืื is different. Before he was a ืืืืื, and the ืงืจืื of a ืืืืื is a ืืฉืื or a ืฉืขืืจื. Now he became a ื ืฉืื, so he has a different ืงืจืื for his ืืืืื that he would do now, which is a ืฉืขืืจ. And therefore we say, if he did the ืขืืืจื while he was a ืืืืื, when the obligation is one type of ืงืจืื, he found out about the ืขืืืจื when he was a ื ืฉืื, which is a different type of ืงืจืื, so that's when Rabbi Shimon says he doesn't bring any ืงืจืื. ืืื ืืื, but here, ืืื ืืฉืชื ื ืงืจืื ืื ืืืื, that his ืงืจืื is not changed. In other words, even when he is a ื ืฉืื, if he would do the ืขืืืจื now, he would still be ืืืื an ืืฉื ืชืืื. So a ื ืฉืื and a ืืืืื are equal concerning an ืืฉื ืชืืื. So he did not really change concerning this ืงืจืื. ืืืื, I say, ืืืชื ืืฉื ืชืืื, that he should bring an ืืฉื ืชืืื, even though he did this ืกืคืง ืขืืืจื when he was a ืืืืื, and found out about it when he became a ื ืฉืื, but what difference does it make? Concerning an ืืฉื ืชืืื, he is the same person, because a ืืืืื and a ื ืฉืื, they both bring the same ืืฉื ืชืืื. And therefore it doesn't matter that he did the ืขืืืจื while he was a ืืืืื and found out about it when he became a ื ืฉืื already, because concerning the ืืฉื ืชืืื it's the same thing. So then he would have to bring the ืืฉื ืชืืื in this case. And the Gemara says teiku, this question remains unanswered. Then the Gemara says,
ืชื ื ืจืื ื, the ืจืื ื learned, the ืคืกืืง says ืืขื ืืืจืฅ, concerning the ืงืจืื ืืืืช of a yachid, it says the words that if a person ืืขื ืืืจืฅ does an aveirah, so the pasuk says ืืขื ืืืจืฅ, from the nation of the land, which means that not all people would be included in this din of being mechuyav to bring a ืงืจืื ืืืืช, ืคืจื ืืืืืจ, it comes to exclude a mumar. ืจืื ืฉืืขืื ืืจ ืืืกื ืืืืจ ืืฉืื ืจืื ืฉืืขืื, ืจืื ืฉืืขืื ืืจ ืืืกื said in the name of ืจืื ืฉืืขืื, that we learn it out from a different pasuk. The pasuk The pasuk says that he will do an ืขืืืจื ืืฉืจ ืื ืชืขืฉืื ื, that you shouldn't do. If you go on, he will do it ืืฉืืื, ืืืฉื, and he sins, so then the pasuk says he brings his chatat. So from this pasuk we know ืืฉื ืืืืืขืชื, someone would return because of his knowledge, ืืืื ืงืจืื ืขื ืฉืืืชื, he brings a korban for his shogeg. Only a person that when he finds out that he did the aveirah, he does teshuvah, he regrets why he did it, and had he known before he did it that this was wrong he wouldn't have done it, a person like that has to bring a korban. ืื ืฉื ืืืืืขืชื, if he doesn't return because of his yediah, which means that even after he finds out about it he still doesn't mind because he's a mumar, and therefore, had he known before he did the act that it was an aveirah he still would have done it, a person like that ืืื ื ืืืื ืงืจืื ืขื ืฉืืืชื, doesn't bring a korban for his shogeg. So this is the pasuk that teaches us that a mumar doesn't bring a korban, because a mumar is not ืฉื ืืืืืขืชื. Since he's a mumar he doesn't do teshuvah, and he would have done the aveirah even if he would have known that this is an aveirah. ืืื ืืื ืืืื, what is the difference from which pasuk we learn out that a mumar doesn't bring a korban? ืืืจ ืจื ืืื ื, so Rav Huna said the difference is ืืืืจ ืืืืื ืืื ืืืืื ืงืจืื ืขื ืืื ืืืื ืืื ืืืื. If he's a mumar concerning chelev, he doesn't do all aveirot, he's just a mumar concerning chelev, he doesn't mind eating chelev, but the korban that he's bringing now is for eating dam, so that is the difference which pasuk we learn it out from. Mar savar, one holds, ืืืืื ืืืืืจ ืืืืื ืืื ืืื ื ืื ืืืืจ ืืื, since he is a mumar to eat chelev, l'dam nami mumar havei, he's a mumar for dam also. We learn it out from the pasuk ืืขื ืืืจืฅ, that a mumar doesn't bring a korban. It is not because he won't do teshuvah for this aveirah that he's bringing the korban for, it is a general din that since he has the title mumar, he cannot bring a korban. So therefore, even though he's a mumar concerning chelev and the korban is for dam, but lafo'al he still is a mumar. So he has this title mumar, and the pasuk excludes a mumar, so he would be patur from a korban. U-mar savar, the other one who learns it out from the other pasuk, he holds, ืืื ืืืื ืฉื ืืืืืขืชื ืืื, concerning dam, he would do teshuvah, since he is only a mumar for chelev. So therefore, he does teshuvah for the aveirah of dam, and before he ate the dam, had he known it was dam he wouldn't have eaten it, because he is not a mumar for ืื. So he is not excluded from this pasuk, and he would be chayav to bring the korban for ืื. And then the Gemara asks, ืืื ืจืื, didn't ืจืื say ืืืืื ืขืืื, that everyone agrees that ืืืืจ ืืืืื ืืื ืื ืืื ืืืืจ ืืื, and if he's a mumar to eat chelev, he is not considered a mumar for ืื, and therefore he would have to bring this korban. So how can we say that according to one opinion he wouldn't bring the korban? So obviously this is not the difference between these two ืโื. ืืื, what is the difference? ืืื ืืืืื ื ืืืืช ืืชืืืืื, a person who is a mumar, but he only eats ื ืืืื ืืชืืืืื, for his desire, for his ืชืืืื, which means he only eats it if he doesn't have any kasher meat, that's when he will eat ื ืืืื. But if he has a choice of eating ื ืืืื or eating kasher, he would eat the kasher meat. He is not a ืืืืจ ืืืืขืืก. ืืืืขืืก means he does in spite, that even if he's able to eat kasher he doesn't mind and he goes ahead and eats treif. A ืืืืจ ืืชืืืืื is he, if he has kasher he will eat kasher, if he doesn't have kasher and he wants to eat meat he will eat a ื ืืืื. And that's the kind of mumar we're talking about. ืื ืชืืืฃ ืื ืืฉืืื ืืืืืื, and lefoal he ate the ื ืืืื or the chelev, but not because he wanted to eat chelev at this point, he thought it was ืฉืืื, he thought it was kasher meat, and that's why he ate it. So ืงืืืคืืื, in this is the machloket from which pasuk we learn it out. ืืจ ืกืืจ, one holds, ืืืืื ืืืชืืืืื ืืื ืืืืื, since ืืชืืืืื he would eat ืืืืื, in other words the same piece of meat, had he known that it is non-kosher meat, but he wouldn't have had any kosher meat, he would have eaten it anyway. So therefore mumar hu, he's considered a mumar concerning what he
ate, because since ืืชืืืืื he does eat non-kosher meat ืืืืื, so ืืืืื even though he ate it ืืฉืืื, but he's still considered a mumar. ืืืจ ืกืืจ, and the other one holds, ืืืืื ืืื ืื ืืฉืื ืืืืชืืจื, since had he found kosher meat ืื ืืื ืืืืกืืจื, he wouldn't have eaten the ืืืกืืจ, ืืื ืืืืจ ืืื, he's not a mumar. And this is a machloket whether we learn it out from the first pasuk or from the second pasuk. The one that learns it out from the first ืคืกืืง ืืขื ืืืจืฅ to exclude a mumar, so ืืคืืขื he is a mumar because he does eat non-kosher meat ืืืืื, and therefore he would not bring a korban for this that he did. Even though ืืคืืขื he ate this ืืฉืืื, he thought it was ืฉืืื and he ate it, and now he wants to bring a korban for it, so we tell him you are a mumar. If you wouldn't have any kosher meat, so then even you would have known that this is not ืฉืืื but ืืื, you still would have eaten it. So you are a mumar and you can't bring the korban. But the second ืโื who learns it out that it has to be ืฉื ืืืืืขืชื, so this person is considered to be ืฉื ืืืืืขืชื. Since ืกืืฃ ืื ืกืืฃ if he would have kosher meat he wouldn't want to eat the ืืจืืคื meat, and ืืคืืขื he ate it b'shogeg, so he is considered ืฉื ืืืืืขืชื. He does regret why he ate it because if there was and he would have to bring the korban. Then the
Gemara says ืชื ื ืจืื ื, and the ืจืื ื learned, ืืืื ืืื, a person who eats ืืื, ืืื ืืืืจ, this is the person who we consider a ืืืืจ. And the beraita continues ืืืืืื ืืืืจ, who is a ืืืืจ? ืืืื ื ืืืืช ืืืจืคืืช, eats ื ืืืืช and ืืจืคืืช, ืฉืงืฆืื ืืจืืฉืื, reptiles and creepy crawlers, ืืฉืชื ืืื ื ืกื, and he drank wine that was poured for ืขืืืื ืืจื, that is a ืืืืจ. And the Gemara will explain later what the beraita means, because the beraita started off by saying what is a ืืืืจ, and then the beraita asks who is a ืืืืจ and answers this answer. Rabbi Yehuda, Rabbi Yehuda says, ืืฃ ืืืืืฉ ืืืืื, also a person who wears ืืืืื, who wears ืฉืขืื ื. Sha'atnez is a garment that has a mixture of wool and flax together, and the Torah says you're not allowed to wear it. And Rabbi Yehuda says, if a person wears ืืืืื, he's also considered a ืืืืจ. ืืืจ ืืจ, the Gemara explains now, we said before ืืืื ืืื ืืื ืืืืจ, if he ate ืืื that is a ืืืืจ, then it says ืืืืืื ืืืืจ, who is a ืืืืจ? ืืืื ื ืืืืช ืืื', if he eats ื ืืืืช and ืืจืคืืช and drinks ืืื ื ืกื etc. The Gemara asks ืืื ืงืืืจ, what's he saying? He starts off by saying if you eat ืืื you're a ืืืืจ, and then he asks who's a ืืืืจ and explains if he ate ื ืืืืช ืืื'. ืืืจ ืจืื ืืจ ืืจ ืื ื ืืืจ ืจืื ืืืื ื, Rabbah bar bar Chana said in the name of Rabbi Yochanan,
ืืื ืงืืืจ, this is what it meant: ืืืื ืืื ืืชืืืืื, if he ate ืืื out of desire, not because he wants to do the aveirah, he does in spite of the Torah, in spite of the din of ืืื, he ate it because he likes it, ืืจื ืื ืืืืจ, then he's considered a ืืืืจ. ืืืืขืืก, if he eats it in spite, ืืจื ืื ืฆืืืงื, then he is considered a ืฆืืืงื, or as it says hagahah in the bottom of the Gemara that it's supposed to be ืืื, then he is considered a ืืื. A ืืื is worse than a ืืืืจ. Then he continues, ืืืืืื ืืืืจ ืืืกืชืื ืฆืืืงื, who is considered a ืืืืจ that ืืกืชื is a ืฆืืืงื, which means what happens if he eats something which is forbidden, but he doesn't give his intentions or we can't see his intentions whether it is ืืชืืืืื, just for his appetite, or it is ืืืืขืืก, in spite? So the Gemara's question here is which is a ืืืืจ, which means which ืขื ืื ืื if a person eats it, which is considered a ืืืืจ if it's done ืืชืืืืื, but if we don't know, ืื ืืกืชื he would be a ืฆืืืงื. In other words, as long as we don't see that he's doing it ืืชืืืืื, we assume that he's doing it ืืืืขืืก, and therefore ืืกืชื he would be considered a ืฆืืืงื. What would be the case for that? The baraita says ืืืื ื ืืืืช ืืืจืคืืช ืฉืงืฆืื ืืจืืฉืื ืืฉืชื ืืื ื ืกื, that if he ate ื ืืืืช, ืืจืคืืช or ืฉืงืฆืื ืืจืืฉืื, and he drinks ืืื ื ืกื. Why do we say here that ืื ืืกืชื he is considered a ืฆืืืงื, which means ืื ืืกืชื he's doing it ืืืืขืืก? Because as Rashi says, when you eat ื ืืืืช ืืืจืคืืช, ืฉืงืฆืื ืืจืืฉืื, these are things which a person doesn't like. ืฉืงืฆืื ืืจืืฉืื definitely a person has no ta'avah to it. And even ื ืืืืช ืืืจืคืืช, it is speaking in a case when they are stink and they are things which people don't usually eat. So if you see a person eat it, and you don't know whether he's eating it lete'avon or lehach'is, we have to assume he's eating it lehach'is. And concerning ืืื ื ืกื, even though that is fit to be drank, but as the Tosafot HaRosh says, we're talking here in a case where he actually drank real ืืื ื ืกื, because we know concerning ืืื ื ืกื there are two levels: one is wine that was actually poured for ืขืืืื ืืจื, that is ืืกืืจ ืืืืืจืืืชื, then you have ืกืชื ืืื ื. That if a ืืื touched wine, then the ืจืื ื ืืกืจ this as a ืืืจื you might come to intermarry, and also as a ืืืจื for ืืื ื ืกื, etc. So here we're talking about a person who ate, drank real ืืื ื ืกื, wine that was actually poured for ืขืืืื ืืจื, which is a very strict issur. So min hasetam, if you see a person drink such a wine, we assume that probably he is doing it lehach'is. Then it continues, ืจืื ืืืกื ืืจืื ืืืืื
ืืืืจ, ืจืื ืืืกื ืืจืื ืืืืื said, ืืฃ ืืืืืฉ ืืืืื, also a person who wears ืืืืื, who wears shatnez is also considered a mumar. The Gemara asks ืืื ืืื ืืืื? What is the difference between Rabbi Yosi barbi Yehuda and the Tanna Kama? The Tanna Kama says if he eats chelev he's considered a mumar, and chelev is an issur. So we have to assume that according to the Tanna Kama, a person who does any issur he is considered a mumar. It is not ืืืงื ืืื that he means, it's an example that he gives. So according to the Tanna Kama, it would come out that if he wears shatnez, which is also an issur, he is also a mumar. So what is the pshat that ืจืื ืืืกื ืืจืื ืืืืื adds, also if you wear ืืืืื, obviously the Tanna Kama holds if you wear ืืืืื you're not a mumar, but why? In what is the machloket that the Tanna Kama holds if you wear ืืืืื you're not a mumar, and Rabbi Yosi bar Rabbi Yehuda would hold that the person who wears ืืืืื is a mumar? And the Gemara answers ืืืื ืืื ืืืื, the difference between them is ืืืืื ืืจืื ื. If a person wears ืืืืื which is only ืืกืืจ ืืืจืื ื. Because ืืืืืจืืืชื, if you only have one thread of wool in a flax blanket, it is not ืืกืืจ. It is only ืืกืืจ if it has ืฉืืข ืืืื ืื ืื as Rashi explains. But ืืืจืื ื, it is also ืืกืืจ if there is just one thread of one kind mixed into the other. So here, we are talking in a case when he was wearing this ืืืืื ืืจืื ื.
ืืจ ืกืืจ, one holds ืืืืืจืืืชื ืืื ืืืืจ, that if he's ืขืืืจ on an ืืืกืืจ ืืืืจืืืชื he's considered a mumar. ืืจืื ื, if he only is ืขืืืจ on an ืืืกืืจ ืืจืื ื, ืื ืืื ืืืืจ, he's not a mumar. That's the opinion of the Tanna Kama, and he says Because at that time, many of the Yidden lived in Bavel, so in Eretz Yisrael they had the ื ืฉืื, and in Bavel they had what they called the Reish Galuta, the head of the exile. And he was the head of the Yidden there. And he was equal in authority, or even more, than the ื ืฉืื of the Yidden in Eretz Yisrael. And that's what he said to him, you are not ืืืืืื in a ืฉืขืืจ, because you are not like a ืืื, because there is somebody equal to you in Bavel. ืืืชืืื, I will ask you a kashya: ืืืื ืืฉืจืื ืืืืื ืืืช ืืื, we
learned that the kings of ืืฉืจืื and the kings of ืืืช ืืื, ืืื ืืืืืื ืืขืฆืื ืืืื ืืืืืื ืืขืฆืื, these bring for themselves and these bring for themselves, which means they both would have to bring the ืฉืขืืจ. They are both equal in authority, and therefore, if a ืืื from ืืฉืจืื would do an ืขืืืจื ืืฉืืื, he would bring a ืฉืขืืจ, even though he has a rival of the ืืืื ืืืืื, and if a king from ืืืืืช ืืืช ืืื would do an ืขืืืจื ืืฉืืื, he would also be ืืืืืื in a ืฉืขืืจ like a ืืื, even though he had a rival doesn't take away the ืืื of having to bring a ืฉืขืืจ. ืืืจื ืืื, they said to him, ืืชื, over there, ืื ืืืืคื ืืืื. They were not subordinate one to another. ืืื, but here, ืื ื ืืืืคืื ื ืืื ืืืืืื. We are subordinate to them. In other words, the authority of the ืจืืฉ ืืืืชื is greater than the authority of the ื ืฉืื in ืืจืฅ ืืฉืจืื, and he was ืืฉืืขืื and under the authority of the ืจืืฉ ืืืืชื, and therefore he is not considered in the level of having to bring a ืฉืขืืจ. ืืืื ืืืชื ื ืื ืืื. ืืืื ืืืชื ื learned it this way: ืืืขื ืืื ืื ืจืื ืืจืื ืืืื, ืจืื asked of ืจืื ืืืื, ืืืื ืื ื, ืืื ืืฉืขืืจ? For instance, I, would I have to bring a ืฉืขืืจ? ืืืจ ืืื, they said to him, ืืชื ืฉืื, ืืื ืืืืงืง. Over there in Bavel, the ืจืืฉ ืืืืชื is considered ืฉืื. ืฉืื means a sceptre, a stick. ืืื, here, the ื ืฉืื in ืืจืฅ ืืฉืจืื is considered ืืืืงืง. ืืืืงืง means a ืืื. And since the way they act over there is through a ืฉืื, through a stick, through a sceptre, they control the Yidden more than you because your greatness is only concerning the ืืืื, you are the head of the yeshivot. But over there, they actually control the Yidden, and therefore they are greater than you, and you would not be chayav to bring a ืฉืขืืจ. Because who brings a ืฉืขืืจ? Only the ืืื ืฉืืื ืขื ืืืื ืืื ื' ืืืงืื, and there is nobody on top of him but ื'. But here, since you are under them, and the reason is because you are only a ืืืืงืง and they are ืฉืื, they really control the Yidden, and therefore you wouldn't have to bring. ืืชื ืื, and we learned, ืื ืืกืืจ ืฉืื ืืืืืื, the pasuk says that the sceptre will never be taken away from ืฉืื ืืืืื. Who does that refer to? The Reish Galuta of Bavel. That refers to the Reish Galuta, the Reish Galuta of Bavel will always be from the family of ืืืืื. And why is he called ืฉืื? ืฉืจืืื ืืช ืืฉืจืื ืืืงื, who rules over the ืืืื with a stick. And when the ืคืกืืง continues, ืืืืืงืง ืืืื ืจืืืื, that never will there be taken away the chacham from amongst his feet of ืืืืื, ืืื, that refers to ืื ื ืื ืื ืฉื ืืื, to the grandchildren of ืืื, ืฉืืืืืื ืชืืจื ืืืฉืจืื ืืจืืื, who teach Torah to the ืืืื in public. And that refers to the ื ืฉืืืื that came from the family of Hillel who came from the family of ืืืืื. So we see there that the Reish Galuta of Bavel is considered ืฉืื, so he really controls the ืืืื more than the ื ืฉืื of Eretz Yisrael, and therefore the ื ืฉืื of Eretz Yisrael would not be chayav in a ืฉืขืืจ if he would have lived in the time of the Beit haMikdash and would have done an ืขืืืจื ืืฉืืื. And now we will continue the Mishnah. ืืืืืื ืืฉืื? Now,
who is considered the ืืื ืืฉืื or the ืืื ืืืื? Only ืืืฉืื ืืฉืื ืืืฉืื, if he was anointed with the ืฉืื ืืืฉืื, with a special oil that ืืฉื ืจืืื ื made to anoint, ืืื ืืืจืืื ืืืืื, not the ืืื ืืืื who is only a ืืื ืืืื with the fact that he wears more clothes. The difference between a ืืื ืืืื and a ืืื ืืืืื is a ืืื ืืืืื when he does the ืขืืืื in the ืืืช ืืืงืืฉ, he wears ื' ืืืืื, he only wears four garments, while the ืืื ืืืื when he does the ืขืืืื must wear ื' ืืืืื, eight garments. In addition to that, when he becomes a ืืื ืืืื, he is anointed with the ืฉืื ืืืฉืื. But in the second ืืืช ืืืงืืฉ they didn't have the ืฉืื ืืืฉืื, so the only way he was appointed a ืืื ืืืื was by being dressed in the extra garments, in the eight garments. So when there is a ืืื of a ืืื ืืืื that he has to bring the special ืงืจืื if he did an ืขืืืจื ืืฉืืื with ืืขืื ืืืจ, ืฉืืืช ืืขืฉื, it only refers to the ืืื ืืืื who was anointed with the ืฉืื ืืืฉืื, not to the ืืื ืืืื who was only a ืืื ืืืื because he was given the extra clothes, which means that the ืืื ืื ืืืืืื from the second ืืืช ืืืงืืฉ would not bring that special ืคืจ ืืื ืืฉืื. And then the ืืฉื ื continues, ืืื ืืื ืืื ืืืฉืื ืืฉืื ืืืฉืื ืืืจืืื ืืืืื, there is no difference in ืืืื between the ืืื who was anointed with the ืฉืื ืืืฉืื ืืืื the ืืื who wore the extra ืืืืื, ืืื ืคืจ ืืื ืขื ืื ืืืฆืืช, only concerning this ืืื of the ืคืจ that is brought if you don't do one of the ืืฆืืช. Only concerning this ืงืจืื ืืืืช is there a difference between the ืืื ืืืื who was anointed or the Kohen Gadol who was just put on the extra clothes. ืืืื ืืื ืืื ืืืฉืืฉ ืืืื ืฉืขืืจ, and there's no difference between a Kohen Gadol who is actually in active duty ืืืื a Kohen Gadol who was taken away from his position. For instance, if the Kohen Gadol couldn't do the avodah at one point, one year the Kohen Gadol, so what they would do is they would appoint another Kohen Gadol instead of him. Then when he was able to come back to his position, they would give the position back to the first Kohen Gadol. So the first Kohen Gadol would be called a ืืื ืืืฉืืฉ, and the second Kohen Gadol would be called a ืืื ืฉืขืืจ, because he was a Kohen Gadol, and now he gave up his position. He can't become a regular ืืื ืืืืื, because we have a rule, ืืขืืื ืืงืืืฉ ืืืื ืืืจืืืื, we only go up in kedushah, in holiness, we don't go down. So since he was elevated to the level of a Kohen Gadol, we can't take him down to bring him back to the level of a ืืื ืืืืื. So he remains in the level of a Kohen Gadol. So really there is no difference in level between the ืืื who is ืืฉืืฉ ืืืื the ืืื ืืืื ืฉืขืืจ, ืืื ืคืจ ืืื ืืืคืืจืื, only concerning the ืคืจ of Yom Kippur, because in On Yom Kippur when the Kohen Gadol brings the different ืืืืืช, so he brings a special ืงืจืื for himself. So the ืคืจ ืืื ืืืื only applies to the Kohen Gadol who is in active duty, and not to the Kohen Gadol who is a ืืื ืฉืขืืจ. And also ืืขืฉืืจืช ืืืืคื. Concerning the ืงืจืื ืขืฉืืจืช ืืืืคื, we know that the Kohen Gadol has to bring every day the ืื ืืช ืืืืชืื, which was ืขืฉืืจืช ืืืืคื, tenth of an ืืืคื of flour. So that ืงืจืื is only brought by the Kohen Gadol who is in active duty, not the ืืื ืฉืขืืจ. But ืื ืืื ืฉืืื ืืขืืืืช ืืื ืืืคืืจืื, they're both equal concerning ืขืืืืช ืืื ืืืคืืจ. We know that on Yom Kippur the avodah in the ืืืช ืืืงืืฉ must be done through the ืืื ืืืื, so either of them could do it. ืืืฆืืืื ืขื ืืืชืืื, and they are both commanded to marry only a virgin. For the pasuk says, ืื ืื ืืฉื ืืืชืืืื ืืงื, a Kohen Gadol must only take a virgin, so both of these must take a virgin. ืืืกืืจืื ืขื ืืืืื ื, they are both forbidden to marry a widow, because we know a Kohen Gadol can't marry a widow, this issur applies to both. ืืืื ื ืืืืืื ืืงืจืืืืื, and both of them are not allowed to become tamei to their relatives. We know a Kohen is not allowed to become tamei to a met, but there are seven relatives that a Kohen is allowed to become tamei. But that is only concerning a Kohen hedyot, not concerning a Kohen Gadol. So this issur of a Kohen Gadol becoming tamei to his relatives applies to both of these Kohanim Gedolim. ืืื ืืคืจืขื, they are not allowed to have long hair. ืืื ืืคืจืืื, they are not allowed to tear their clothes. This is a din only concerning a Kohen Gadol, and this din applies to both Kohanim Gedolim. ืืืืืืจืื ืืช ืืจืืฆื, and both of them make the murderer return. The din is if somebody killed somebody else b'shogeg, unintentionally, he has to run away to ืขืจื ืืงืื, and he must live in ืขืจื ืืงืื till the death of the Kohen Gadol. When the Kohen Gadol dies, that's when he is free to leave that city. Now both of these Kohanim Gedolim would return the rotze'ach. In other words, if either of them died, the rotze'ach who is in ืขืจื ืืงืื is free to leave the city. And now we'll learn the Gemara.
Gemara: ืชื ื ืจืื ื, the Rabbanan learned, ืฉืื ืืืฉืื ืฉืขืฉื ืืฉื ืืืืืจ, the shemen hamishchah that Moshe Rabbeinu made in the desert, because it says in the Chumash that Hashem said to Moshe to make a certain oil. The pasuk says, ืฉืื ืืฉืืช ืงืืฉ ืืืื ืื ืื, that this should be to Me ืฉืื ืืฉืืช ืงืืฉ. So it was oil, then He told him certain spices to take and mix with the oil. Now how did they do it? So he says, ืืื ืฉืืืงืื ืืื ืืช ืืขืืงืจืื. They cooked the roots of the different spices as the Torah says, in the oil, and the oil absorbed the smell of these roots, and that was the ืฉืื ืืืฉืื. ืืืจื ืจืื ืืืืื, these are the opinions of Rabbi Yehuda. ืจืื ืืืกื ืืืืจ, ืจืื ืืืกื says, how can you say that? ืืืื ืืกืื ืืช ืืขืืงืจืื ืืื ื ืกืืคืง. Even if you were just smear these roots of these spices, there wouldn't be enough oil, because all he took was 12 ืืืืื of oil, and the roots of the spices were very many. So even if you just use these 12 ืืืืื of oil to smear these roots, and since they get absorbed inside the roots, you wouldn't have enough oil for that either. So how could you say that they cooked these roots in this oil? ืืื ืฉืืจืื ืืช ืืขืืงืจืื ืืืื, therefore Rabbi Yosi holds, they first soaked these roots in water. After they soaked in the water and it absorbed all the water, now these roots couldn't absorb anything else. And then, ืืืฆืืฃ ืขืืืื ืฉืื, then he poured the oil over it. Now these roots would not have absorbed the oil, because they were full of water, they couldn't absorb anymore, so he just poured the oil over its surface, ืืงืืื ืืช ืืจืื, and the oil would absorb the smell. ืืืคืื, and he took them off right away, scraped off the oil from the roots. So now they had the oil, had a good smell. ืืืจ ืื ืจืื ืืืืื, so Rabbi Yehuda said to him, the whole question was that there wasn't enough oil to cook the roots in. ืืื ื ืก ืืื ื ืขืฉื ืืฉืื ืืืฉืื? Was there only one miracle that happened with the ืฉืื ืืืฉืื? There were many miracles that happened, so this was also another miracle, even though it was only 12 ืืืืื and the roots were many, there was enough to cook the roots in this oil. And how do we see there were many miracles? ืฉืืจื ืืชืืืชื ืฉื ืื ืขืฉืจ ืืืืื ืืื, it only started with 12 ืืืืื, ืืืื ื ืืื ื ืืฉื, and from that they had enough to anoint the ืืฉืื, ืืืืื, and the vessels of the ืืฉืื, ืืืจื ืืื ืื, ืืืจื and his children, ืื ืฉืืขืช ืืื ืืืืืืื, all seven days of ืืืืืื. The seven days before they put up the Mishkan permanently, they had the seven ืืื ืืืืืืื that they had to anoint the kohanim all these days. ืืืืื ืงืืื ืืขืชืื ืืื, and still all of it, all the 12 ืืืืื of oil, still existing for the ืืขืชืื ืืื, for the future. ืฉื ืืืจ, because the pasuk says, ืฉืื ืืฉืืช ืงืืฉ ืืืื ืื ืื ืืืจืชืืื, that the ืฉืื ืืฉืืช ืงืืฉ should be to Me for all generations. In other words, this oil remained for all generations, and it still exists ืืขืชืื ืืื. So we see that there was a miracle happened. Meileh this could be another miracle, that even though there were a lot of roots and not too much oil, still they were able to cook those roots in the oil. ืชื ืื ืืืื, we learned in another baraita: ืืืงื ืืฉื ืืช ืฉืื ืืืฉืื, the pasuk says Moshe took the ืฉืื ืืืฉืื, ืืืืฉื ืืช ืืืฉืื ืืืช ืื ืืฉืจ ืื, and he anointed the Mishkan and everything that was in it. ืจืื ืืืืื ืืืืจ, ืจืื ืืืืื says: ืฉืื ืืืฉืื ืฉืขืฉื ืืฉื ืืืืืจ, the ืฉืื ืืืฉืื that ืืฉื made in the ืืืืจ, ืืื ื ืืกืื ื ืขืฉื ืื ืืชืืืื ืืขื ืกืืฃ, many miracles happened to it from the beginning to the end. ืชืืืืชื ืื ืืื ืืื ืฉื ืื ืขืฉืจ ืืืืื, it only started with 12 ืืืืื, ืืจืื ืืื ืืืจื ืืืขื, look how much does the pot absorb, ืืืื ืขืืงืจืื ืืืขื, and how much did the roots absorb, ืืืื ืืืืจ ืฉืจืฃ, and how much did the fire burn, and still they had enough, ืืื ื ืืฉื ืืฉืื ืืืืื, and with it nevertheless was anointed the ืืฉืื and its ืืืื, ืืืืจื ืืื ืื ืื ืฉืืขืช ืืื ืืืืืืื, and ืืืจื and his children all seven days of ืืืืืื, ืืื ื ืืฉืื ืืื ืื ืืืืืื, and with it all the ืืื ืื ืืืืืื from the later generations were anointed, ืืืืืื, and all the kings. Because we know that a ืฉืื ืืืฉืื was never made again, and they always used the same ืฉืื ืืืฉืื that ืืฉื ืจืืื ื made. So, this is a miracle that happened to the ืฉืื ืืืฉืื, that it lasted for so much. ืืืคืืื ืืื ืืืื ืื ืืื ืืืื, and even a ืืื ืืืื, the son of a ืืื ืืืื, ืืขืื ืืฉืืื, would also need to be anointed. But
ืืืื ืืืฉืืื ืืื ืื ืืื, but they don't anoint a king who is the son of a previous king. ืืื ืชืืืจ, and if you're going to say, if so, ืืคื ื ืื ืืฉืื ืืช ืฉืืื, so why did they anoint Shlomo since he was the son of David who was a king, so they shouldn't have anointed him? ืืคื ื ืืืืืงืชื ืฉื ืืืื ืืื, because of the machloket of Adoniyahu. Because the din is that you don't anoint a king if he's the son of a previous king unless there was a machloket against him. So, in the case of Shlomo there was a machloket, therefore they anointed him. And the reason they anointed ืืืช ืืืืฉ, ืืคื ื ืขืชืืื, because of Atalyah had a machloket. ืืืช ืืืืืื, the reason they anointed ืืืืืื, ืืคื ื ืืืืืงืื ืฉืืื ืืืื ืืื ื ืฉืชื ืฉื ืื, because he was older than him two years, so there was a possibility to make him the king, and nevertheless they made the king Yehoachaz, and that's why they had to anoint him. And after all that, ืืืืชื ืฉืื ืงืืื ืืขืชืื ืืืื, and that same oil still exists ืืขืชืื ืืืื, ืฉื ืืืจ, as the pasuk says, ืฉืื ืืฉืืช ืงืืฉ ืืืื ืื ืื ืืืจืชืืื, that the ืฉืื ืืฉืืช ืงืืฉ should be this for me for all generations, so we see that it lasted for all generations. But how do we know if all of it lasted for all generations? That the same 12 login still remained completely 12 login? Because ืืดื ืืืืืืจืื ืชืจืืกืจ ืืืืื ืืื. The word zeh is b'gematria 12, so when it says that ืื ืื ืืืจืชืืื, which means that the 12 lugin will be for all generations. So, all of it is kayam l'atid lavo. Now, the Gemara says, ืืืจ ืืจ, what we have learned in the beraita before,
ืืืคืืื ืืื ืืืื ืื ืืื ืืืื ืืขืื ืืฉืืื, even the kohen gadol, the son of a kohen gadol also has to be anointed. ืื ืื, how do we know that? It's see because the pasuk says, ืืืืื ืืืฉืื ืชืืชืื ืืื ืื, the kohen who was anointed instead of him from his children, which means that the kohen gadol that will take over the position of kohen gadol from the previous one. So, the Torah says the dinim concerning the kohen gadol. So, the question is, ื ืืื ืงืจื, let the pasuk say, ืืืืื ืืชืืชืื ืืื ืื, the kohen that will be instead of him from his children. ืืื ืืืฉืื, why does the pasuk have to mention the anointed one? ืงื ืืฉืืข ืื, so the Torah tells us, ืืืื ืื ืืืื ืืืื, even from the children of the ืืื ืืืื, ืื ืืื ืืฉืื, if he's anointed, ืืื ืืื ืืืื, he is a kohen gadol. ืืื ืื, if he's not anointed, ืื ืืื ืืื ืืืื, he's not a kohen gadol. So, here we see that a kohen gadol must be anointed even if he is ืืื ืื, even he's the son of the kohen gadol. And the Gemara continues, ืืืจ ืืจ, what we've learned before, ืืืื ืืืฉืืื ืืื ืื ืืื, but they do not anoint the king if he is the son of a previous king. ืื ืื, how do we know that? ืืืจ ืจื ืืื ืืจ ืืขืงื, that Rav Acha bar Yaakov said, it's see because the pasuk says, ืืืขื ืืืจืื ืืืื ืขื ืืืืืชื ืืืืณ, that he should have long days on his kingdom, and the pasuk continues, ืืื ืืื ืื ืืงืจื ืืฉืจืื, he and his children amongst the Yidden. But the pasuk says, he and his children, that teaches us that ืืจืืฉื ืืื ืืื, it is like a yerushah, like an inheritance, that the son takes over from his father, the king, like a person inherits from his father. So that teaches us that there's nothing that has to be done in order for him to be king, just like when a child inherits from his father, you don't have to do anything. The fact that he is his son, he inherits. So here too, he inherits it without anything done. So that teaches us that they do not have to anoint him. But then the Gemara asks, ืื ืื, how do we know ืืื ืืืื ืืืืืงืช, if there is a
ืืืืืงืช, ืืขืื ืืฉืืื, you do have to anoint, ืืืื ืื ืืืขื ืืืงื, and not anybody that the king wants, ืืืจืืฉ ืืืืืชื ืืื ืื, would inherit the malchut to his son? Because in the case of David, for instance, he wanted Shlomo to take over, and nevertheless they had to anoint him. So how do we know that if there is a machloket of somebody else, so then, even though the father said that he should take over, nevertheless you have to anoint him again? ืืืจ ืจื ืคืคื, Rav Pappa said, ืืืจ ืงืจื, because the pasuk says, ืืื ืืื ืื ืืงืจื ืืฉืจืื, that he will have long days on his malchut, he and his children amongst the Yidden. So we darshenan the words ืืงืจื ืืฉืจืื, amongst the Yidden, that ืืืื ืฉืฉืืื ืืืฉืจืื, when there is peace amongst the Yidden, then ืงืจืื ื ืืื ืืื ืืื ืื, then we consider it ืืื ืืื ืื, that he and his children, that his Even without being anointed. But if there is no shalom amongst the Yidden, which means there is a machloket against him becoming king, then we do not consider it ืืื ืืื ืื, and therefore, in order for him to be the king, he must anoint him. And the Gemara continues, ืชื ืื, we learned in a ืืจืืืชื,
ืืฃ ืืืื ืื ื ืืฉื, also ืืืื, the son of ื ืืฉื, ืื ื ืืฉื did not get anointed, ืืื ืืคื ื ืืืืืงืชื ืฉื ืืืจื, because there was a machloket of Yoram, and that's why they anointed him. But then the Gemara asks, ืืชืืคืืง ืืื ืืฉืื ืืจืืฉื ืืื? Let's say it is because he was the first? We said that when don't you have to anoint a king? If he is the son of a previous king. So then, unless there was a machloket, you don't have to anoint him. But if he is the first in the family, then you do have to anoint him. So why do we say here that ืืืื ืื ื ืืฉื was anointed because of the machloket of Yoram? Why don't we say he was ื ืืฉื, he was anointed, because he was the first? The Gemara says, ืืกืืจื ืืืกืจื ืืืื ืงืชื ื, there is something missing in this Beraita and this is what it's supposed to say, that ืืืื ืืืช ืืื ืืฉืืืื, the kings from the family of ืืื, they were anointed. ืืืื ืืฉืจืื ืืื ื ืืฉืืืื, the kings from ืืฉืจืื were not anointed, and therefore, Yehu didn't have to be anointed at all. And that's what the Beraita means. So why was Yehu anointed? Since he was from ืืืื ืืฉืจืื, he didn't have to be anointed. And the answer is, because there was a ืืืืืงืช of Yoram, that's why they anointed him. But then the Gemara asks, ืื ืื? How do we know that only ืืืื ืืืช ืืื are anointed and not ืืืื ืืฉืจืื? ืืืจ Rav Sheshet, Rav Sheshet said, ืืืจ ืงืจื, because the pasuk says that Hashem said to ืฉืืืื, ืงืื ืืฉืืื, go and anoint him, ืื ืื ืืื, because he is going to be the king. So we ืืจืฉ'ื, ืื ืืขืื ืืฉืืื, he needs ืืฉืืื, ืืืื ืืืจ ืืขืื ืืฉืืื, but somebody else doesn't need ืืฉืืื. Which means only ืืื needs ืืฉืืื, but another king who is not from the house of ืืื doesn't need ืืฉืืื. Then the Gemara says, ืืืจ ืืจ, we have learned before, ืืฃ ืืืื ืื ื ืืฉื ืื ื ืืฉื ืืื ืืคื ื ืืืืืงืชื ืฉื ืืืจื, that Yehu ben Nimshi was not anointed only because of the ืืืืืงืช of Yoram. But the Gemara asks, ืืืฉืื ืืืืืงืชื ืฉื ืืืจื ืื ืืืื ื ืืืขืื ืืฉืื? And because of the ืืืืืงืช of Yoram ben Achav, should we be ืืืขื in the ืฉืื ืืืฉืื? The ืฉืื ืืืฉืื is not allowed to be put on anybody unless he is one of those that the ืืื is you have to anoint him. And if the ืฉืื ืืืฉืื is put on anybody, is used for anything, you are ืืืขื in the ืฉืื, there is a ืืขืืื. Now, since we said that ืืืื ืืฉืจืื are not anointed, and therefore Yehu shouldn't have been anointed. Nevertheless, we said that the reason he was anointed was because of the machloket of Yoram. But since he didn't have to be anointed, so to anoint him means that you are ืืืขื in the oil, that you are ืืืขื in the ืฉืื ืืืฉืื. So the question is, because of the machloket of Yoram, you are allowed to be ืืืขื in the ืฉืื ืืืฉืื? The Gemara answers, ืืืืืจ ืจื ืคืคื, just like Rav Papa said concerning a different question, that ืืืคืจืกืื ืืืื, that the anointing was done not with the ืฉืื ืืืฉืื, but with ืืคืจืกืื ืืืื, with pure balsam. ืืื ื ืื, here too, ืืืคืจืกืื ืืืื, with pure balsam. That when they anointed Jehu, because of the machloket of Yoram, it wasn't with the ืฉืื ืืืฉืื, it was with ืืคืจืกืื ืืืื. And then it said also, that ืืืืืื ืืคื ื ืืืืืงืื, and the reason they anointed Jehoahaz was because of his brother ืืืืืงืื, ืืืื ืงืฉืืฉ ืืื ืื ืฉืชื ืฉื ืื, that he was older than him with two years, so that's why they anointed the younger one. Otherwise, they wouldn't have to anoint him. And the Gemara's question is, ืืื ืงืฉืืฉ ืืื ืื? Was he really older than him? ืืืืชืื, doesn't it say, ืืื ื ืืืฉืืื, the children of ืืืฉืืื, ืืืืืจ ืืืื ื, the oldest one was ืืืื ื, ืืฉื ื ืืืืืงืื, the second one was ืืืืืงืื, ืืฉืืืฉื ืฆืืงืืื, the third one was ืฆืืงืืื, ืืจืืืขื ืฉืื, the fourth one was Shallum. ืืืืจ ืจืื ืืืื ื, and Rabbi Yochanan said, ืืื ืฉืื ืืื ืฆืืงืืื ืืื ืืืื ื ืืื ืืืืืื, that Shallum, Zedekiah, and Johanan, and Jehoahaz, it's all the same person. So when it says that ืืืืืจ was Johanan, really, that is Jehoahaz, and Jehoiakim was the second one. So how can we say that Jehoiakim was older than Jehoahaz with two years? And the Gemara says, ืืขืืื ืืืืืงืื ืงืฉืืฉ, ืืืืช ืืืืืงืื was older. ืื ืืื, it says ืืืืจ ืืืื ื, so ืืื ืืืืจ? What does it mean ืืืืจ? ืืืืจ ืืืืืืช, he was the firstborn for the ืืืืืช. That means he was the first to be the king. He took over the kingdom and not his brother Jehoiakim, but really, his brother Jehoiakim was older than him. Then the Gemara asks, ืืื ืืืงืืื ื ืืืืจื ืืงืื ืงืฉืืฉื? Do we appoint as king the younger one before the older one? ืืืืชืื, doesn't the pasuk say, ืืืช ืืืืืื ื ืชื ืืืืืจื ืื ืืื ืืืืืจ, he gave the kingship to Jehoram because he was the ืืืืจ. So we see that you give it to the ืืืืจ. The Gemara answers, ืืืืจื ืืืื ืืงืื ืืืืชืื ืืื. Jehoram was a ืืืื ืืงืื of his parents, which means he filled up the place of his parents, he was equal in level to his parents, and therefore, he was given the kingship, the ืืืืื. But ืืืืืงืื ืืื ืืืื ืืงืื ืืืืชืื ืืื. Jehoiakim, even though he was the older one, but he wasn't in the level of a ืืืื ืืงืื to his parents, he didn't fill up the place of his parents, he wasn't as great as his father was, and therefore they gave it to the younger brother because he was a ืืืื ืืงืื of his father. Then the Gemara says, ืืืจ ืืจ, we have learned before, ืืื ืฉืื ืืื ืฆืืงืืื ืืื ืืืื ื ืืื ืืืืืื, that when it mentions these four people, really, it's all the same person. The same person is Shallum and Zedekiah and Johanan and Jehoahaz. But the Gemara asks, ืืื ืื ืื ืงื ืืฉืื? But doesn't he mention each one separately? It says, ืืืชืื, because it says says ืืฉืืืฉื ืืจืืืขื. The first two, it's okay. The first one is Johanan, that's the first time he's mentioned, and then it says that the second one is Jehoiakim, but then we say the third is Zedekiah, and the fourth is Shallum, but we're saying that Zedekiah and Shallum are really the same person as Johanan, so how come it says the third and the fourth? The Gemara answers, ืืื ืฉืืืฉื ืฉืืืฉื ืืื ืื. What do we mean he was third? He was the third of the children. ืืืื ืจืืืขื, what do we mean he was the fourth? ืจืืืขื ืืืืืืช, he was the fourth to the kingdom, because ืืืขืืงืจื ืืื ืืืืืื, first Yehoachaz was king, ืืืืกืืฃ Yehoiakim, and then Yehoiakim, ืืืืกืืฃ Yechanyah, then Yechanyah, ืืืืกืืฃ Tzidkiyahu, then Tzidkiyahu. He was fourth to the kingdom, that's why he's called fourth also. Then the Gemara continues, ืชื ื ืจืื ื, the ืจืื ื learns, ืืื ืฉืืื ืืื ืฆืืงืืื. He is ืฉืืื, he is ืฆืืงืืื, he's the same person. ืืืื ื ืงืจื ืฉืื ืฉืืื, why is he called ืฉืืื? ืฉืืื ืืฉืืื ืืืขืฉืื, that he was complete in his actions, he was a ืฆืืืง. ืืืื ืืืืจื, some say ืฉืืื, why was he called ืฉืืื? ืฉืฉืืื ืืืืืช ืืืช ืืื ืืืืื, that ืืืืืช ืืืช ืืื was finished in his time. ืืื ืฉืื, what was his real name? ืืชื ืื ืฉืื, his name is Matanyah. ืฉื ืืืจ, as the pasuk says, ืืืืื ืืื ืืื ืืช ืืชื ืื ืืืื, that the king of Bavel gave the kingship to Matanyah his uncle, ืชืืชืื, instead of him, ืืืกื ืืช ืฉืื ืฆืืงืืื, and he changed his name to Tzidkiyahu. ืืืจ ืืื, he said to him, ืื ืืฆืืืง ืขืืื ืืช ืืืื ืื ืชืืจืื ืื. Why did he call him Tzidkiyahu? It comes from the two words ืฆืืง and ื-ืง, which means ืื, ื-ืง ื' should justify my ืืื against you, ืื ืชืืจืื ืื, if you will revolt against me. ืฉื ืืืจ, as it says in ืคืกืืง, ืืืืืืื ืืืื, or as it says, ืืื ืืืื ื ืืืืื ืฆืจ ืืจื, that he did revolt against the ืืื ื ืืืืื ืฆืจ, ืืฉืจ ืืฉืืืขื ืืืืงืื, that he made him swear by ื''s name. So we see that he did make him swear by ื''s name that he shouldn't revolt, and that's why he called him ืฆืืงืืื, to say that if you will revolt me, ื' should justify my judgment that I will do against you. Concerning what we learned before, that normally you do not have to anoint a king if he's the son of another king, but nevertheless, if there was a machloket on the second king, you do have to anoint him. So Rashi in the Gemara Keritot ืืฃ ื' ืขืืื ื' says that the reason is, because ืื ืืืื ืืืืืงืช ืืื ืืจืืฉื ืืื ืืืขื ืืฉืืื ืืชืืืื, because if there was a ืืืืืงืช, then when the second king takes over it's not considered a ืืจืืฉื, and therefore, you have to have a ืืฉืืื like when you start a king. Just like when you appoint a king the first time you have to have ืืฉืืื, it is only later his children don't need, but if there was a ืืืืืงืช it is not considered a ืืจืืฉื, and therefore you have to anoint him again. But the Rambam in Hilchot Klei Hamikdash ืคืจืง ื' ืืืื ื"ื, and it's similar to that in the end of the first ืคืจืง in Hilchot Melachim, he says a ืืฉืื, that ืื ืืืชื ืฉื ืืืืืงืช ืืืฉืืื ืืืชื, if there was a ืืืืืงืช you do have to anoint him, ืืื ืืกืืง ืืืืืืงืช, in order to take away the ืืืืืงืช, ืืืืืืืข ืืื ืฉืืื ืืื ืืืื, and to notify everybody that he is the only king. So in the Acharonim, the Divrei Nechemia and in the Avnei Nezer and in the Eretz Tzvi, they explain that this is really a ืืืืืงืช between Rashi and Tosafot. According to Rashi, if there was a ืืืืืงืช, there is no more ืืจืืฉื and therefore, when you anoint the son, it is like you are starting a new thing here just like you anoint a king in the beginning when you appoint him if he doesn't inherit from his father. But according to the Rambam, even if there was a ืืืืืงืช, the ืืจืืฉื doesn't become ืืื. The only thing is, because there was a ืืืืืงืช, you have to do something to get rid of the ืืืืืงืช, and after you anoint him, you get rid of the ืืืืืงืช, and what happens then? Then he remains the ืืืจืฉ of his father. The difference between these two opinions could be concerning the ืฉืขืืจ that a ืืื has to bring. For instance, if in the time when there was a ืืืืืงืช, he did an ืขืืืจื ืืฉืืื, and then later he was anointed and became the king, would he have to bring the ืฉืขืืจ that a ืืื has to bring? If you learn that because there was a ืืืืืงืช, it's not a ืืจืืฉื, so it comes out at the time of the ืืืืืงืช, he wasn't a king. But if you learn that he's a king anyway, the only thing is that there was a ืืืืืงืช and therefore you have to do something to take away the machloket, so even though there was a machloket at that time, still he was the king, the yerusha wasn't batal, it's just that there was a machloket, so therefore, if he did an aveirah during that time, he still has to bring the ืฉืขืืจ. But it's lav davka that this is true, that this would be the difference, because the Avnei Nezer there says that concerning the korban of a ืฉืขืืจ, it is not only whether he is a ืืื or not. Concerning the ืฉืขืืจ, there's a special din that he only brings it if ืืื ืขื ืืืื ืืื ื' ืืืงืื, that if there is no other authority on top of him but ื'. In other words, he's the top authority. And therefore, even though ืขื ืคื ืืืื he has a din of a ืืื, but since there is a machloket then, so his authority is not a top authority, so then according to this sevara, he still wouldn't have to bring the ืฉืขืืจ. So it's possible that this would not depend on the machloket between Rashi and Tosafot in the reason why you have to be ืืืฉื the ืืื ืื ืืื if there was a machloket.