Siman - Yoma Daf 56
- הלוקח יין מבין הכותיים
On Daf 55b the Gemara said that in the case where the owner of a chatas bird has certainly died, the reason Rebbe Yehudah does not permit designating four zuzim, which is the price of a bird, to be the money of the dead owner, and throwing them into the water, and letting the other zuzim in the collection box be permissible, is that Rebbe Yehudah does not hold of ברירה. The Gemara asks where it is known that Rebbe Yehudah does not hold of ברירה and brings a case in a Baraisa where one purchased wine from כותיים on erev Shabbos before dark, and he did not have the keilim into which to pour the necessary terumah and maaser portions. Rebbe Meir permits one to rely on ברירה to designate the terumos and maasros now and separate them later, whereas Rebbe Yehudah, Rebbe Yose and Rebbe Shimon prohibit him from drinking the wine until the terumos and maasros have been separated. The Gemara rejects this proof, bringing their words at the end of the Baraisa, which state that they said to Rebbe Meir, “Are you not modeh that the wineskin might split open, and the wine will spill, and he will have been found retroactively to having drunk tevel? It is clear from here that their position is not based on the rejection of ברירה.
- Rebbe Yehudah permits two eruvin for one chochom
The Gemara brings a proof that Rebbe Yehudah does not hold of ברירה from a Baraisa taught by Ayo, regarding making two conditional eruvin when one does not know in which direction a chochom is coming from on Shabbos. Rebbe Yehudah says, אין אדם מתנה על שני דברים כאחד – A person may not make stipulations concerning two things (i.e. scholars) simultaneously, but only concerning a single chochom, regarding whom he may say that if the chochom comes to the east, his eruv is to the east, and if he comes to the west, his eruv is to the west. When it was asked why Rebbe Yehudah permits the two eruvin in the case of a single chochom if he does not hold of ברירה, Rebbe Yochanan answered כשכבר בא חכם – The case of the single chochom, is an instance in which he had already arrived before Shabbos. Rashi explains that the person making the eruv was simply unaware of his location. From the onset of Shabbos, he certainly wants the eruv which is towards the chochom’s location. Therefore, from the moment that he makes the two eruvin, one of them is fully valid. When he learns of the chochom’s location on Shabbos, the revelation is merely informing him of what had been determined before. There is no need to involve the use of bereirah.
- Why Rebbe Yehudah does not permit writing on the two stands of blood
We learned earlier that Rebbe Yehudah permits only one stand to be used for the blood, out of concern that with two stands the Kohen Gadol might confuse the bloods and take the wrong one. The Gemara asks why Rebbe Yehudah does not permit taking two gold stands and writing upon each one which one is for the bull’s blood, and which is for the goat’s blood. After all, we see Rebbe Yehudah regards writing on the various collections boxes a sufficient safeguard against confusing them? The Gemara answers that Rebbe Yehudah is concerned משום חולשה דכהן גדול לאו אדעתיה – that due to the weakness of the Kohen Gadol, he will not bear in mind to check the labels on the stands.
