Hilchos Niddah: Kesamim and the Limits of Tliyah Rechokah
Original title: VOICE0205_000.MP3
Din of klia b'maka, v'ketem mutar l'baka. So the truth is there's two halachos. There's one halacha, tezayin. Im yesh lo maka b'tzavarah v'nimtza kesem mechaluk, even l'matah mehachagor,...
- Speaker or source
- Archive
- Category
- Halacha
- Subcategory
- Yoreh Deah
- Sub-subcategory
- Niddah Taharas Hamishpachah
- Duration
- 0:12:53
- Recording year
- 2008
Transcript
Din of klia b'maka, v'ketem mutar l'baka. So the truth is there's two halachos. There's one halacha, tezayin. Im yesh lo maka b'tzavarah v'nimtza kesem mechaluk, even l'matah mehachagor, she'efshar liga sham hamaka, if poistasah, miskaseh boi, toleh bo. Makasah, שאני אומר נספך ובא לשם. Because I say that it turned around and it came there. Poistasah u'miskaseh bo. Poistasah, she takes off, she covers herself. So I say that maybe, even though it's on the neck, it's in the neck, so how does it come to the bottom? How did it get there? Echsa yarad. Poistasah u'miskaseh bo. ממילא תולה במכה, שאני אומר נספך ובא לשם. So this is teliyah b'maka l'chumra. It's l'chumra. I'm sorry, excuse me, l'kula, l'kula, excuse me. We find the same halacha by נספך לחומרא. We find that, let's say it's l'maalah, it's zeh l'maalah, choiret supposed to be l'matah, so halacha yiraleh, lamadnu, a toch cheshbon lepuch. Me'achar sheze yachol lihyot, since it's possible that it's from the bottom, because whatever, she takes it off, she moves it, whatever this. Yud alef, all that halachos of Yud Alef. Yud alef, yud beis, yud gimmel. Okay, Yud alef, also, ... balaila, okay, Yud alef. Avagam b'Yud alef katuv, gam b'Yud alef, the sharvil, that's all the same halachos, yeah? So we find it l'chumra and l'kula, right? Tezayin is? Kula. Toleh l'kula. Yud alef is poshtos, miskaseh b'balaila lhefech. So we say it l'chumra ulkula. We find also halacha of tliya b'makeh in Yud ches, ... d'rabbanan, mekilin בהם, and one of the cases is makeh. Makeh. Afilu nisrapa, im efshar lo l'hisgalea lhotzi dam, it's possible to make a scab and lhotzi dam, toleh bah. V'af al פי sheachshav olah leha krum, einah mitaptefet. So we find tliya b'makeh, the sugya of tliya b'makeh. So I'm going to discuss today tliya b'makeh, tliya b'makeh, and I'm going to discuss, im yirtzeh Hashem. The difference between the tliyos. Because the truth is, we learned all these halachos. Now, I don't see—didn't we learn the din of tliya? Avra b'tabachim, she went past the butcher. So what's all of a sudden a new thing? Kivan sheksaman d'rabbanan. Kilim b'hem v'toleh b'chaldav shechol litlois, keitzad? I don't know, it's like as if he's been mechadesh a new halacha here, shelo lamadnu ad ko, ad achshav, aval zeh yadua, dibarnu al zeh. You didn't know this halacha that tolin hakel b'ksamim till here? I mean, we learned that. I don't say—we didn't—I mean, Yud Aleph, Yud Daled, Yud Gimel, I mean, it's not here, it's here. So what's these halachos? Shem hanaga boi, makom. Aval im nimtza al sekel, afilu מצד חוץ. Afilu avra b'shuk shel tabachim, lo b'chol makom sheyimtza sham kesem, temei'ah, b'makom she'efshar bo sheman hamekor.
What's here? אבל אם יש מכה בגופו שיכול ליטול בשפשוף אדם ממנו, תולה בו ותהורו. What is that? I don't say—what? That's not this. What is this? Huh? So what's kivan sheksamda Rabbanan? It's like a new story here. I don't see. We didn't know kivan sheksamda Rabbanan, מכילין בו ותולה בכל דבר שיכול ליטול in the beginning. I mean, this belongs right away in the beginning, before you even talk the word tevilah. It should start off that since all kesamim are d'rabbanan, she should be meikel. I don't see—what's that? When you got to Yud Ches, you didn't say—I don't say, we were learning all this. It's starting a new sugya now. Kivan sheksamda Rabbanan, מכילין בו. ... נפלא. I don't know if ... That's pli ploim, it's pli ploim. Yud Aleph, Yud Beis, Yud Gimel, Yud Daled teach me clear, clear l'heter. I mean, I don't know what happened. Kivan sheksamim d'rabbanan, ... a new sugya. Keitzad? Then all of a sudden—it's not repeating. It's like he's starting a new sugya. It's as if ... Kivan sheksamda Rabbanan, keitzad? Let me—keitzad? I don't think—he gave me all the examples. We learned all this. Also, kivan sheksamda Rabbanan comes along the lechem mishneh, famous she'eilah. There's sugyas of ... even by d'oraisa also. It's like ... harei, I don't even want to go into the case, but there's a sugya ... that if it's possible that the butcher did it. The butcher maybe cut it, cut and made the hole, so it's toleh that the butcher did it. Zeh din niflash b'Gemara Chulin, b'Shulchan Aruch. Gemara Chulin, mem tes amud aleph. Shulchan Aruch Yoreh Deah siman lamed-vav, sif hei. It's mefurash by Torah. Sho'el lechem v'simlah, az lamah osim? Kivan sheksaman b'hakdamah, kivan sheksaman d'Rabbanan, az mekilin. Ma mekilin? B'tliyah, not stam mekilin; tliyah b'tliyah. Tliyah is a din d'Oraisa. Kacha sho'el lechem v'simlah. She'eilah. You knew this, you knew this. You would walk away saying that the din of tliyah, ... is only by d'Rabbanan. It's not true. It's not true. It's even by d'Oraisa. Sho'el lechem v'simlah asks for a kashya. Teretz: tliyah, there's two types. There's tliyah karov, makes sense, and it's מסתברא, and it's שכיח that way. Then there's tliyah rechokah, pasul. There's, but it's rechok; it's not probable, but possible. D'Oraisa, tliyah, tliyah karov, yes. The story with the butcher, they cut, they're wild, you know, it happens. Mashenkein by here, by ksamim, since it's d'Rabbanan, you can even be meikil by what? By a rechok. Now I see a sugya. You see? That's the difference between me and the way I learned, the way you learned. Kivan sheksaman d'Rabbanan is a new chiddush now. It's not a regular din kliyah. The regular din kliyah, we knew this. Makah b'guf, we knew this. But what's the story over here? It's a story that even nisrapa, and even maybe, scratch, maybe, maybe, right? Sakol maybe rachok. Ze pshat pashut. See the difference? Not yet. All I said was pshat. Pshat is, כיוון שקסם דרבנן, he's being mechadesh that even a kliya rechoika. You see? שחט בהמה חיה עוף, ססקא בקסמים. Agav, I don't understand when the saska b'ksamim. I don't know what the case is. To me it's a very strange case. If you're oisek ksamim, you're supposed to have stains on your clothing. I don't even know what the case is, huh? I don't know, I don't know. What do you say the case is? Paint. Ksamim means paint. It's not—she was doing dirty work with paint. All right, maybe. Okay, בקיצור, בקיצור, whatever it is, it's not the same story as tabachin. Why? Why is it not the same story as tabachin?
Shuks shel tabachim. Because remember I told you that by shuks shel tabachim, it's almost not shayach that she should come out clean. These cases are pasul, but it doesn't have to. A lot of people, they are osek with paint. Doesn't mean their clothing get dirty. One has nothing to do with the other. It has to be that way. It could happen. It's a makah. It healed. It's possible for it to scrape. Doesn't have to be that way. So the chiddush is, kivan sheksam d'Rabbanan, klia rechokah. Okay? Okay? This, rabosai, is the emes pshat. Kivan sheksam d'Rabbanan. Ein hachanami, if it would be d'Oraisa, there's din of tliyah, and that's the previous tliyos. Kivan sheksam d'Rabbanan, we have a new chiddush. It's called a klia rechokah. So I'm asking now, what's called rechokah? How far does it have to be? Does rechokah mean it's possible, but it happens? Or possible means that it's one in a million it could happen. There's a chance. B'metzius it's shayach for it to happen. It doesn't mean that it happens. What do you call rachok? Is rachok that it's shayach? What happens if it's shayach, but it would take—the odds are against it. In English we call it Murphy's Law, okay? The odds are against it. But shayach? Tell me, is it shayach for the blood to be at the other end of the room and the woman should be tamei from twenty miles away? No, that's not shayach. Is it shayach that maybe as she passes by? Chances are not, but it could happen. Is that enough? Or it is a case of matzui? It could happen. It's just not forced to happen. It's not definite. By tabachim, I explained to you, it's almost not possible the other way. Now, so what's the tzad hafuch, rachok? What's called a klia rechokah? Klia rechokah shayach, or klia rechokah—kol d'hei, aval lo b'rikus, lo b'chiyuv, lo chiyuvi. It doesn't have to be, but it can. It's matzui. It happens. You look at the Aruch HaShulchan. When he talks about these leshonos, it's all matzui. He uses the word matzui. It's a very, very big word in the Aruch HaShulchan. Anything that's matzui. What is it? Something's burning? Upstairs.