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Shabbos 074: Maga B'Tumas Meis vs. Maga B'Mais
Betzalel Gersten asked:
74a -Sugya starts from Mufneh
The gemara is wondering if a vessel made from hair from the tail of
horse/cow is tamay. It is trying to suggest that the tumah can be
contracted by the chamur case of 7 day tumah (maga b'meis) from the kal
case of one day tumah (maga b'sheretz) - See last Rashi on 73b
Through a series of hekeshim the gemara proves that the tumah is in fact
contacted through tamai meis.
Look very carefully at the two rashi's "Sh'hee Merubah" and the following
one "Nirbah Anu". Rashi clearly distinguishes that touching a dead body is
7 day teumah and touching SOMEONE who touched a dead body receives 1 day
teumah.
MY QUESTION: Why does the gemara seem to make a hekesh from sheretz and
shichvat zera to MAGA B'TEUMAS MEIS (Va'yikra 22:4) - when our goal is to
prove MAGA B'MEIS. (What's even stranger is that Rashi to Va'Yikra 22:5
explains that "Oh B'Adam" there is refering davka to MAGA B'MEIS - WHY
DOESN'T THE GEMARA QUOTE THIS PASUK AS THE HE'KAISH TO SHERETZ WHEN THIS IS
WHAT WE NEED
I hope I articulated the question well. It seems to be a blantantly
obvious problem that slips through Rashi, Tosfot, Schottenstein,
Steinzaltz, etc.)
Thank you,
Betzalel Gersten
Betzalel Gersten, Mevaseret, Israel
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The Kollel replies:
The Gemara (64a) concludes that a vessel made from the hair of a horse/cow
is Tamei because of the Gezeirah Shaveh of "Beged v'Or," which is said both
by Maga b'Meis and Sheretz. The Gemara goes on to explain that these
Pesukim are Mufnah, meaning that they are open to be used for a Gezeirah
Shaveh. The reason that the Pasuk of "Beged v'Or" regarding Maga b'Meis
is Mufnah (which it only has to be according to the opinion of "Lemeidin
u'Meishivin") is because it could have been learned from Shichvas Zera, as
Maga b'Meis is compared to Shichvas Zera. This prompted your question that
the Pasuk brought is in fact from Maga b'Tumas Meis, and not Maga b'Meis.
The Rishonim all take for granted that Maga Meis is in fact compared to
Shichvas Zera.
If you take a look at the Pesukim (Vayikra 22:4-5), you will see that these
topics are all one "run-on sentence." It is very possible that though the
Gemara quotes the Pasuk you mentioned (22:4), it is in fact comparing
Shichvas Zera (22:4) to Maga b'Meis (22:5). The Gemara often will cite a
Pasuk in order to best illustrate a Hekesh, even though these might not be
the exact words which the Hekesh is learned from. Especially in this
case, where the commentaries explain that Maga b'Meis is really the first
topic which would be discussed if not for the fact that the Torah organized
Tumas Maga only (22:4) before things which could also have Tumas Masa
(22:5), Tumas Meis is actually inferred through the mere mention of Maga
b'Tumas Meis.
Regarding your second question, it is clear from Tosfos' question (DH "Shma
Minah") that the Gemara was not looking for a Hekesh, as it could have
cited a clear Hekesh from Shichvas Zera to teach us that this hair is also
Tamei b'Maga Meis (similar to your question). The RAMBAN and RASHBA answer
that the Torah will often teach us something even though we could have
learned it from a Hekesh (See SFAS EMES for a more complicated answer).
Kol Tuv,
Yaakov Montrose
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