002b – הכל מעריכין – פרק ראשון – ערכין, דף ב ע”ב

[Since] a gentile and his fellow are derived from one verse, two [mentions] remain extra: one teaches “his offering” – and not his father’s offering; and the other comes to include all partners in semichah.^[1]

עובד כוכבים וחבירו - For a Yisrael does not perform semichah on the offering of an idolater, nor on the offering of his fellow Yisrael.

מחד קרא נפקי - For these are not “his offering”; but for his father a verse was needed, for one might have thought that it is called “his offering,” since he is the heir.

And Rabbi Yehudah – what does he do with this “he shall surely exchange” (Vayikra 27:10)?^[2]

He needs it to include a woman.

As it was taught: “Since the whole passage speaks only in the masculine, from where do we come to include a woman?

שכל הענין - Of temurah.

מה סופינו - From where do we come to include a woman (in her offering), that if she made an exchange for her offering, the exchange should take effect?

The verse states: ‘And if he shall surely exchange.’”

And the Rabbanan – [they learn the woman] from “and if.”^[3]

And Rabbi Yehudah does not expound “and if.”

“All are obligated in sukkah” – to include what?^[4]

To include a minor who does not need his mother, as we learned in a Mishnah: “A minor who does not need his mother is obligated in sukkah.”^[5]

שאינו צריך לאמו - It is explained in Masechta Sukkah (28b): one who wakes from his sleep and does not call “Imma.”

“All are obligated in lulav” – to include what?

To include a minor who knows how to wave [the lulav], as we learned: “A minor who knows how to wave is obligated in lulav.”^[6]

“All are obligated in tzitzis” – to include what?

To include a minor who knows how to wrap himself [in a garment], as it was taught: “A minor who knows how to wrap himself is obligated in tzitzis.”^[7]

“All are obligated in tefillin” – to include what?

To include a minor who knows how to guard tefillin, as it was taught: “A minor who knows how to guard tefillin – his father buys him tefillin.”^[8]

“All are obligated in re’iyah” – to include what?^[9]

To include one who is half slave and half free.^[10]

מי שחציו עבד וכו' - But a complete slave is exempt, for it is written: “before the Master, Hashem” – one who has no master but Him.^[11]

And according to Ravina, who said: “One who is half slave and half free is exempt from re’iyah,” [it comes] to include one who was lame on the first day and was healed on the second day.^[12]

ולרבינא דאמר כו' - In the first perek of Chagigah (4a); and he derives it from the end of the Mishnah there, which teaches: “and slaves who are not freed.”

חיגר - Is exempt from re’iyah, for “festivals” (regalim, literally “feet”) is written – excluding those who walk on artificial legs.^[13]

This works well according to the one who says: “All [the days] are make-up days for one another”; but according to the one who says: “All are make-up days for the first” – to include what?^[14]

הניחא למאן דאמר - In the first perek of Chagigah (9a): what is taught there, “he may bring the festival offering throughout the whole festival,” is because all seven days are make-up days for one another – the second for the first and the third for the second. Evidently each and every day counts in its own right, since they have make-up days; so one can say that one who was not fit to be seen on the first day but is fit on the second is obligated.

תשלומין לראשון - One who was fit and obligated to offer on the first day and did not offer, offers throughout the seven; but one who was not [obligated to] appear on the first day is no longer obligated, since all of them are only make-up days for the first. What is there to say?

To include one who is blind in one eye – and not in accordance with this Tanna.^[15]

As it was taught: “Yochanan ben Dehavai says in the name of Rabbi Yehudah: One who is blind in one eye is exempt from re’iyah, as it is stated (Shemos 23:17): ‘He shall see,’ ‘he shall be seen’ – in the way that He comes to see, so He comes to be seen: just as [He comes] to see with both eyes, so [one comes] to be seen with both eyes.”^[16]

יראה יראה - [The word] is written yir’eh (“he shall see”) and read yera’eh (“he shall be seen”): just as the Holy One, blessed is He, comes to see you, and He is whole with both eyes, so He comes to be seen – that He be seen by you with both your eyes.

Or if you prefer, say: in truth [it comes] to include one who is half slave and half free,

and as for what troubles you from Ravina – it is no difficulty: here [Ravina] is according to the first Mishnah, there according to the last Mishnah.^[17]

במשנה ראשונה - Before Beis Hillel conceded, he had the status of a slave; but after they retracted to concede, since it is in our hands to free him, he is considered freed, for his master’s authority is not upon him, and he cannot be called [one who has] another master.

As we learned in a Mishnah: “One who is half slave and half free works for his master one day and for himself one day – these are the words of Beis Hillel.^[18]

Beis Shammai said to them: You have set his master right, and himself you have not set right?

To marry a maidservant he cannot; a free woman he cannot. Shall he remain idle [from having children]?^[19]

But was the world not created only for procreation, as it is stated (Yeshayahu 45:18): ‘He did not create it for emptiness; He formed it to be inhabited’!^[20]

Rather, for the betterment of the world, his master is compelled to make him free, and he writes a document [of debt] for half his value.^[21]

And Beis Hillel retracted, to rule like the words of Beis Shammai.”

“All are obligated in the blowing of the shofar” – to include what?

To include a minor who has reached the age of training, as we learned: “We do not stop a minor from blowing [the shofar] on Yom Tov.”^[22]

שהגיע לחינוך - It is a dispute in the last perek of Yoma (82a): one says from (six) [eight], from (seven) [nine]; and one says from nine, from ten – that we train him [to fast] for hours.^[23]

“All are obligated in the reading of the Megillah,” “all are fit to read the Megillah” – to include^[24]

Tosfos

עובד כוכבים וחבירו מחד כו' - For a Yisrael does not perform semichah on the offering of an idolater, nor on the offering of his fellow; (from this) [from one] verse they are derived, for these are not “his offering.” But for his father a verse was needed, for one might have thought (that he offers it to Hashem) (Vayikra 1) (not) because they are equal and both should come, (but) just as the kohen offers an offering that is not his own, one might think that a Yisrael performs semichah on his fellow’s offering; and on an idolater’s offering too one might think [that the kohen] performs semichah, just as the kohen supplies him libations from communal funds (as stated in the first perek of Temurah), as stated in the first perek of Temurah (2b). Therefore “his offering” comes to exclude both, since in any case it is not his.^[25]

לרבות האשה - That if she exchanged her offering, the exchange takes effect – the wording of the Kuntres.^[26] “Since the whole passage speaks only in the masculine,” etc.: although the whole Torah too is said in the masculine, nevertheless we say that a woman is compared to a man for all punishments; but in temurah, were it not for the verse, she would not be equal to a man, as stated there in the first perek of Temurah (ibid.).

ורבי יהודה ואם לא דריש - That is, he does not expound the letter vav, as stated in Temurah, first perek (ibid.).

שאינו צריך לאמו - It is explained in Masechta Sukkah (28b): any [child] who wakes from his sleep and does not call “Imma.” The wording of the Kuntres.

הכל חייבין בציצית - If they have a garment; but if one cannot buy a garment, they are not obligated – neither according to the one who says [tzitzis] is an obligation of the garment nor according to the one who says it is an obligation of the person (Menachos 41a), for the only difference between them is garments kept in a box.^[27] And although the angel said to Rav Ketina: “A linen sheet in summer and a fur cloak in winter – what will become of tzitzis?” – that is, are you seeking pretexts to exempt yourself from tzitzis, as is explained there – he said to him: “Do you punish for a positive mitzvah?” He said to him: “At a time of wrath we punish”^[28] – that applies only in those days, when all garments had four corners: there is punishment for one who changes [his garment] to be exempt. But nowadays, when most garments are exempt, there is no punishment for one who does not buy a four-cornered garment.

היודע להתעטף - Because it says in Moed Katan (24a): “Any wrapping that is not like the wrapping of the Yishmaelim is not a wrapping,” for they wrap their garment up to their mustache, as stated in the Midrash. And I found in a silluk composed by Rabbi Yosef Tov Elem^[29] that one places one tzitzis in front and one behind on the right, and likewise on the left.

היודע להתעטף - And if you will ask: according to the one who says [tzitzis is] an obligation of the garment, even if he does not know [how to wrap himself] he should be obligated if he has a garment! One can answer: in any case, garments kept in a box are obligated only for those who are obligated and who know how to wrap themselves. And Halachos Gedolos^[30] ruled that we hold (Menachos, ibid.) that tzitzis is an obligation of the person, since we bless “to wrap ourselves in tzitzis”; for so it is inferred [in the second perek of Shabbos] [25b, and there] that we hold [so].

אביו לוקח לו תפלין - Regarding tzitzis it did not use the expression “buys,” since presumably he has a garment; and regarding lulav too he can fulfil [the mitzvah] with his father’s lulav. Alternatively, because tefillin are expensive, the term “buying” fits them.

הכל חייבין בראייה - Rashi explained in Masechta Chagigah (2a): obligated in appearing in the Azarah. But in the Yerushalmi they say on this: that is with an offering, but as for appearing in the Azarah, even small children are obligated, as it is written, “Gather the people, the men and the women and the children.”^[31] And this is only a supporting allusion, for certainly it is not comparable to hakhel, since there [in Chagigah] women are excluded from “your males.” Rather, it certainly seems that it speaks of appearing with an offering, as is taught there shortly after: “The re’iyah [offering is at least] two silver [ma’ah].”

מי שחציו עבד - But a complete slave is exempt, for it is written (Shemos 34:23): “before the Master, Hashem” – [one] who has no master but Him; the wording of the Kuntres. And so we conclude. And although the end of the Mishnah teaches “except for women and slaves who are not freed,” and we explain there that it means those not completely freed but only half, one must say that the beginning of the Mishnah follows the last Mishnah, when Beis Hillel retracted to rule like Beis Shammai. And so we find in the first perek of Eruvin (6b) and in perek Eilu Tereifos (Chullin 43b): “The halachah always follows Beis Hillel, and one who wishes to act like Beis Shammai may do so,” and we establish the first clause as after the heavenly voice and the latter clause as before the heavenly voice.^[32]

ולרבינא דאמר כו' - In the first perek of Chagigah (4a); and he derives it from the end of the Mishnah, which teaches there “slaves who are not freed”; and a lame person is exempt from re’iyah, for “festivals” (regalim) is written – excluding those who walk on artificial legs.

הניחא למ"ד - In the first perek of Chagigah (9a), which teaches there: “he may bring the festival offering throughout the festival,” because all seven days are make-up days for one another – the second for the first and the third for the second; evidently each day counts in its own right, since it has make-up days; so one can say that one who was not fit to be seen on the first day but is fit on the second is obligated.

תשלומין לראשון - One who was fit and obligated to offer on the first day offers throughout the seven; but one who was not [obligated to] appear on the first day is no longer obligated, since all of them are only make-up days for the first. What is there to say?

במשנה ראשונה - Before Beis Hillel conceded, he had the status of a slave; but after they retracted to concede, since it is in our hands to free him, he is considered freed, for his master has no authority over him, and we do not call him [one who has] another master – the wording of the Kuntres. And as for what [the Gemara] asks (Gittin 42b) about one whose writ of freedom is held back, regarding a fine – or perhaps, since his writ of freedom is held back, he is called [one who has] a master^[33] – one can distinguish: regarding going up for the festival he is not his master, since he cannot hold him back from going up for the festival in order to do his work; but in any event he is called his master.

שהגיע לחינוך - It is a dispute in the eighth perek of Yoma (82a): one says from (six) [and one says] from eight; and some say from nine, from ten – that we train him in mitzvos; the wording of the Kuntres. But this does not seem right,^[34] for there it speaks of training a minor to fast; but in other mitzvos, each one according to its way, as we found above regarding lulav, sukkah and tefillin.

אין מעכבין תינוקות מלתקוע - In the fourth perek of Rosh Hashanah (33a) the Gemara asks: since it teaches “we do not stop,” it implies that from the outset (we stop) we do not say to them “go and blow”; yet then it teaches: “but we occupy ourselves with them so that they learn, even on Shabbos”; and it answers: here with a minor who has reached training, there with a minor who has not reached training – that is, with a minor who has reached training we occupy ourselves. And if you will ask: it is obvious that we do not stop him, according to the one who says in Yevamos, perek Cheresh (114a): “A minor who eats neveilos – beis din is not commanded to separate him [from them]”!^[35] One can answer: for example, where he has reached training for keeping Shabbos but has not reached training for blowing the shofar, and it is a slight novelty.

Notes

1. 1. Continued from the previous amud [Arachin 2a]. Rabbi Yehudah expounds “his offering” to exclude a father’s offering: an heir does not perform semichah. Semichah is the owner’s leaning of his hands with all his strength on the head of his offering before it is slaughtered. Partners who share one offering each perform semichah. The Gemara now shows that Rabbi Yehudah has a spare “his offering” for this.
2. 2. Temurah: one who tries to exchange a consecrated animal for another. Both become holy, and he receives lashes. The verse: “and if he shall surely exchange animal for animal, then it and its substitute shall be holy” [Vayikra 27:10]. For the Rabbanan, the doubled verb teaches that an heir can make an exchange.
3. 3. The Rabbanan learn the woman from the extra letter vav (“and”) of “and if,” leaving “he shall surely exchange” free to include the heir. Rabbi Yehudah does not expound that vav, so he needs the doubled verb for the woman [Temurah 2b].
4. 4. Just as our Mishnah opens “All may evaluate,” the Gemara now goes through other teachings that open with “all,” and asks whom each “all” comes to include beyond the obvious case.
5. 5. A minor is not obligated by Torah law; his obligation is Rabbinic, under chinuch – training him in mitzvos so that he is accustomed to them when he grows up. The Mishnah is in Sukkah [Sukkah 28a], and the Gemara there explains “does not need his mother” as Rashi quotes it here.
6. 6. Waving: moving the lulav out and back in each direction. A minor who knows how to do this is obligated in lulav by Rabbinic law, as chinuch [Sukkah 42a].
7. 7. Tzitzis: four fringes on the corners of a four-cornered garment. “Knows how to wrap himself” means he knows how to wear the garment properly; Tosfos below describe the proper wrapping. The beraisa is in Sukkah [Sukkah 42a].
8. 8. That is, he knows how to guard the tefillin with the sanctity they require, so his father buys him tefillin of his own. The beraisa is in Sukkah [Sukkah 42a].
9. 9. Re’iyah: the mitzvah to go up to the Beis Hamikdash on the three festivals and appear in the Azarah with an olas re’iyah, a burnt offering of appearance. “All are obligated in re’iyah” opens the Mishnah in Chagigah [Chagigah 2a], which then exempts slaves, the lame, the blind and others.
10. 10. Half slave and half free: for example, a slave owned by two partners, one of whom freed his share. Although he is still half a slave, “all” comes to obligate him in re’iyah.
11. 11. The verse: “Three times in the year all your males shall appear before the Master, Hashem” [Shemos 34:23]. One who has another master is exempt.
12. 12. Ravina’s ruling is in Chagigah [Chagigah 4a]: a half slave is exempt, since for half of him he has a master. On his view “all” includes one who was lame on the first day of the festival and healed on the second: though exempt on the first day, he is obligated on the second.
13. 13. “Three festivals (regalim) shall you celebrate for Me in the year” [Shemos 23:14]: the Sages read regalim as “feet” – one who goes up on his own feet. Baalei kabin are those whose leg was cut off and who walk on a wooden leg.
14. 14. Tashlumin (make-up days): one who did not bring the festival offering on the first day may make it up on the remaining days. The dispute is in Chagigah [Chagigah 9a]: if each day is an obligation in its own right, the lame man healed on the second day is obligated; if all the days only make up for the first, one exempt on the first day is exempt entirely. So the Gemara needs a different case.
15. 15. That is, on this answer one blind in one eye is obligated in re’iyah, against the view of Yochanan ben Dehavai in the beraisa that follows.
16. 16. Yochanan ben Dehavai is a Tanna who transmits this in the name of Rabbi Yehudah. In “all your males shall appear” [Shemos 23:17], the word is written as “shall see” and read as “shall be seen,” so the pilgrim comes both to see and to be seen.
17. 17. The “first Mishnah” is the ruling as first taught, before Beis Hillel retracted. Ravina follows it: the man is still half a slave and exempt. “All” follows the “last Mishnah,” under which his master is compelled to free him, so he is treated as free.
18. 18. The Mishnah is in Gittin [Gittin 41a]. According to Beis Hillel, the half slave works for his master and for himself on alternate days and is not freed.
19. 19. His slave half may not marry a free Jewish woman, and his free half may not marry a maidservant, so he cannot marry at all.
20. 20. The verse in Yeshayahu [Yeshayahu 45:18]: the world was made to be inhabited, so he may not be left with no way to fulfil the mitzvah of having children.
21. 21. The master is forced to free him, and the freed man writes his master a bond of debt for half his value, to be paid when he is able.
22. 22. The Mishnah is in Rosh Hashanah [Rosh Hashanah 32b]: children are not stopped from blowing the shofar on Yom Tov. “All” includes a minor who has reached training, who is obligated in shofar by Rabbinic law.
23. 23. In Yoma [Yoma 82a] there is a dispute from what age a minor is trained to fast on Yom Kippur “for hours,” that is, to delay his eating. Rashi applies it to shofar; Tosfos below disagree.
24. 24. Continued on the next amud [Arachin 3a], where the Gemara says whom this comes to include. “All are fit to read the Megillah” is a Mishnah in Megillah [Megillah 19b].
25. 25. Tosfos explain why a verse is needed: a kohen offers a korban that is not his, so one might think a Yisrael may also lean on his fellow’s korban; and for a gentile’s korban the kohen supplies libations from communal funds, so one might think the kohen leans on it.
26. 26. The wording of the Kuntres: that is, Rashi’s words. The Baalei Tosfos call Rashi’s commentary “the Kuntres.”
27. 27. Menachos records a dispute whether tzitzis is an obligation on the garment – any four-cornered garment, even one lying in a box – or on the person, only when he wears it. The only practical difference is garments kept in a box, not worn.
28. 28. Rav Ketina wore a linen sheet in summer and a cloak in winter, garments not obligated in tzitzis, and an angel rebuked him. He asked whether one is punished for not doing a positive mitzvah; the angel answered that at a time of divine anger one is.
29. 29. Rabbi Yosef Tov Elem: a payyetan and halachic authority among the Sages of France, before Rashi’s time. A silluk is a piyyut said in the chazan’s repetition before Kedushah.
30. 30. Halachos Gedolos (the Behag): a halachic work from the period of the Geonim.
31. 31. Hakhel: once in seven years, on Sukkos after the shemittah year, all Israel gathers to hear the king read from the Torah, small children included (Devarim 31:12).
32. 32. A heavenly voice declared that the halachah follows Beis Hillel; before it, one could act like Beis Shammai. On this basis Tosfos read the start of the Mishnah in Chagigah as the “last Mishnah” and its end as the “first Mishnah.”
33. 33. One whose writ of freedom is held back: a slave who has been released but has not yet received his writ of emancipation. Gittin asks whether, regarding a fine, he still counts as having a master.
34. 34. Tosfos disagree with Rashi: the ages in Yoma concern training a child to fast. In other mitzvos a child is trained when he is ready for that mitzvah, such as “does not need his mother” for sukkah and “knows how to wave” for lulav.
35. 35. In Yevamos: beis din is not commanded to stop a minor who eats neveilos. If so, of course he is not stopped from blowing shofar – what is new? Tosfos answer: it speaks of a child old enough to be trained in keeping Shabbos but not yet in shofar.