Monday, May 19, 2014

Rosh Hashana Daf 5-6

1. 5a - tashlumin l'azteres.  Gemara says one day because we count days for shavuos.  Gemara then asks but it's also a mitzvah to count weeks.  Our Gemara works out fine according to Ameimar, who counted days and not weeks because it is zecher l'mikdash (Menachos 65).  But our Gemara doesn't mention Ameimar.  Grid explains Ameimar that we count sefira in a deficiant manner because this is to remember the destruction of the Mikdash, not to remember the Mikdash as it stood, like Lulav.  However, we can explain Ameimar that since we only count zecher l'mikdash (it's machlokes rishonim if it's dioraissa or dirabanan), and by simply counting days we fulfill the function of remembring what we did in the mikdash.  An analogy would be washing netilas yadayim because of srach terumah - if that is the reason we should have to wash for diped fruits and vegetables also, but Tur OC 158 brings an opinion there is no need for it bizman hazeh - we see a partial commemoration of the practice is enough to be a commemoration.

2. Tashlimin L'atzeres - see Tos RH 19b.  See also Toras Refael 78 and Chagiga 18a and Mishna Lamelech Klei Hamikdash 6:10 regarding days after shavuos.  COULD BE isru chag as day of korban is similar to chol hamoed (acc to shitos that melacha on chol hamoed is not asur midioraissa – maybe minhag is no melacha because they are days of korbanos.)
This is somewhat connected to Isru Chag: Like Oser Tehillim 79 – prisoner.  Or like Isru Chag Baavosim - Tehillim 118 – tied/connected.  Or like Hasir – remove. See SA OC 429 and SA Harav seif 14.)  See Sukkah 45b from isru chag baavosim and Rashi second explanation (to 1st it seems you eat ON the holiday).  Rambam doesn’t cite this – midas chasidus or asmachta or less.  Yerushalmi AZ 1:1 (end) learns it from Nechemia 9 – fast on Nissan 24.  Why not 23?  Because it is isru chag so can’t fast on it.  (What does Megillas Taanis say?)  494:3 gra cites Chagiga 18a; cf MA 429:8. 

3. 5b Tosfos s.v. Eilu.  See Makos -__ while there is no obligation to bring personal olas (there is chiyuv to bring communal olas) there are many situations that call for bringing an olah.  Green notebook.

4. 6a kofin ad she'omer.  See my post here.  Regarding Beis din forcing someone to fulfill a mitvah.  Rav Ahron Soloveichik zt"l said to explain Tosfos Bava Basra 8b if Beis Din can force for tzedaka, that there is a principle that Beis Din cannot force if there is a reward mentioned in the Torah for the performance of that mitzvah, that Beis Din is not allowed to force.  He explained (in much richer language than I present here) that when the reward is explicit, the person should not need any incentive to fulfill the mitzvah, since he is incentivized from the Torah.

5. 6a.  Rava - if you said harei zu al menas she'ein chayav b'acharyuso.
Tosfos says it's not masneh al mah shekasav batorah.  Why not?  Maybe as a neder you can qualify it.  Maybe as hekdesh, it is not shayach to mishpitei hatanaim.  But I'm not sure why.

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