Resources for Rosh Hashana daf 7

Daf A Week

Rabbi Yitzchok Gutterman

  1. The גמרא says that a בכור בעל מום must be eaten within a year, but that the year starts eight days after the animal is born since it wouldn’t be eaten during the first eight days as it is a ספק נפל. See the ריטב"א here who asks why we don’t count from the day it was born since it was איגלאי מילתא למפרע that it was not a נפל? He answers that since in practice the person could not eat it during the first 8 days, we must start the count from 8 days. See the שפת אמת here who uses this יסוד to answer another very important הערה belonging to the טורי אבן. The טורי אבן here says that the חשש that an animal will be a טריפה is certainly only מדרבנן since מדאורייתא we would go בתר רוב and רוב animals are not נפלים. So how can a חשש דרבנן change the way to count a year which could result in the violation of a דין דאורייתא of not eating meat of a בכור within one year? He answer that we see here that the obligation to eat a בכור within one year is only מדרבנן. The שפת אמת points out that according to the ריטב"א, there is no proof from this since if למעשה you couldn’t eat it, then the year must not include those days. See the נודע ביהודה תנינא אהע"ז סימן י"ט who says the חשש נפל is in fact מדאורייתא since the animal has a חזקת איסור. The שפת אמת himself brings a fascinating שו"ת מהרי"ט who says that even if you hold ספק דאורייתא לחומרא מדרבנן, if however, you could be מברר the ספק, then מדאורייתא you have to wait and be מברר it, and this would apply to our case of a בכור. However, see the שו"ע יו"ד סימן ש"ו where many פּוסקים (סמ"ג, ט"ז, פּרישה) seem to agree with the טורי אבן that the חשש נפל is מדרבנן.
  1. The גמרא says the last time you could be מעבר אדר was on פורים because from that point on we areשואלין בהלכות פּסח and if we would add another אדר after that, people would come to be מזלזל in חמץ. רש"י explains that since the דרשנים were already דורש ברבים about פּסח, people would not listen to the שלוחי ב''ד who came to announce the addition of a leap month. See the רשב"א in מגילה דף כ"ט who says that when the גמרא says שואלין ודורשין, “דורשין” refers to the public דרשות given on the יו''ט itself, and the “שואלין” refers to giving priority to questioners who ask about פּסח thirty days in advance. דורשין does not apply thirty days in advance. See the פּרי חדש in סימן תכ"ט who asks that if so, our גמרא would seem to be difficult since there are no public דרשות 30 days in advance, so there shouldn’t be any זלזול! See the ריטב"א here who says that since people have started their פּסח preparations and are asking שאלות, there is a זלזול.
  1. The גמרא says that a person would not rent out a house for less than thirty days. Therefore, if someone said you can rent “for this year” within thirty days of ניסן, the year is not complete by ניסן. The גמרא does not explicitly say when the year is in fact completed. See the ריטב"א here who says that it is over 12 months from the day it starts. The ריטב"א then asks that if so, what did he mean when he said this year? He answers that by saying this year, he can’t push off the rental to another year. He proves this from נדרים where if someone says they will do something “for a year”, it can be any year. See the שפת אמת who asks that how could you possibly get away with saying you’ll rent it to this renter some other year? Everyone knows that’s not what you meant. By נדרים, it is between you and Hashem, but between human beings, you must take the other person’s דעת into account and be clear about the agreement! He does not give an answer.
  1. The גמרא has a concern that perhaps a person who donates aקרבן to the ציבור will not give it over “יפה יפה”. See the משנה למלך הלכות שקלים, פּרק ד' הל' ו who asks why don’t we say דברים שבלב אינם דברים and it is therefore a good מסירה? See the חזון איש למסכת יומא, או"ח קכ"ו, ל"ד who says the fear is not that he won’t give it with a full heart, but rather he will think it is his personal donation that he is allowing the ציבור to use to fulfill their obligation, when in fact he must first completely give it over to the ציבור.

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