The Daf Yomi set edition, an audio series of the Talmud Bavli, specifically Masechet Sotah, has been dedicated by our good friends and talmid, Mr. Chaimy and Dina Dana. May Hashem protect and sustain them for the success of their children, and especially for a full recovery for Moshe ben Dina, and for the elevation of the souls of Yosef ben Sarina, David ben Frida, Meir ben Zohara, Moshe ben Feiga, Ruth, Sarah bat Esther, Feiga Ruth bat Esther, and Esther bat Yocheved. May the spirit of Hashem rest upon them in Gan Eden, Amen. May you merit to perform mitzvot. Today’s daf is being studied for the elevation of the soul of Hadassah Keneti bat Sarah and in memory of my grandfather, Yosef ben Sarah and Avraham ben Esther. May the spirit of Hashem rest upon them in Gan Eden, Amen. Today’s daf is also being studied for a full recovery for Moshe ben Dina, Sarah Ruchama bat Rachel, and Sarah bat Rachel, and Elna bat Nechamah for the soul and healing of the body, and may it be swiftly in our days, and we say Amen.
We begin today’s daf on Mem-Zayin Amud Bet, and we are two lines from the bottom. Yochanan Kohen Gadol abolished the confession of the tithes. We know that in the third year of the shemitah cycle, a Jew must come and confess before the kohanim that he has given all his entitlements: terumat kohanim, ma'aser rishon to the Levi, ma'aser sheni taken to Jerusalem, or ma'aser ani given to the ani, and this is called vidui ma'aser. Yochanan the Kohen Gadol did away with this confession. Why is that so? What is the reason? Rabbi Yosi bar Chanina said it is because they were not giving it according to the Torah’s rule. Why? The Torah says you must give ma'aser rishon to the Levi. However, we were giving it to the kohanim. Now why were they giving it to the kohanim? Rashi explains that Ezra imposed a penalty because the Levi'im did not want to come with Ezra the Scribe to build the Beit HaMikdash, so he took away their ma'aser and instructed that it instead be given to the kohanim.
Now, there is a machloket among the tanna’im: Do the kohanim have rights to ma'aser rishon anyway, and all Ezra did was take away the rights of the Levi'im, or did they not have rights, and the penalty was to take it away from the Levi'im and give it to the kohanim themselves? In any event, Rashi states that since they were not giving it properly, they could not declare, "And I also gave it to the Levi." This part of the confession was, "I gave ma'aser rishon to the Levi." Well, they cannot say that. Therefore, since they could not make that declaration because they were giving it to the kohanim, he abolished the confession.
The Gemara states that they should not skip the part of the vidui regarding the other tithes that they did correctly: ma'aser sheni and ma'aser ani. The Gemara continues with a statement by Reish Lakish: "Any house that does not confess about ma'aser rishon will not confess about the other tithes." What is the reason? Abaye said that since the vidui ma'asrot opens with "and you shall give to the Levi," it starts with the giving to the Levi. Therefore, since they could not open with the opening statement of the vidui ma'asrot, Yochanan Kohen Gadol abolished the entire declaration.
Rashi explains that the opening statement is "and you shall give to the Levi," which refers to ma'aser rishon, and "this is ma'aser ani" refers to ma'aser ani, and "this is ma'aser sheni" refers to ma'aser sheni. Once they abolished ma'aser levi and ma'aser rishon, they abolished the entire confession. The Gemara concludes that it implies they were indeed separating ma'aser rishon; they were just not giving it to the Levi. The point of the Gemara is that they were good people, taking ma'aser rishon, just giving it to the kohen instead of the Levi.
The Gemara challenges this: "What do you mean? He also abolished the confession and decreed on the demai." And he was the one who established the law of demai. What does demai mean? That anyone who buys something from an am ha'aretz must take tithes. The Gemara will explain why he did that. It is because he sent inspectors throughout the borders of Israel to see if the people were actually taking terumot and ma'asrot, and he saw that they were only separating terumah gedolah. They were only giving terumah, which is to the kohen.
Regarding the other entitlements, some people were careful to take them, and some were not. He said to them, "My children, come and I will tell you something: Just as terumah gedolah carries the sin of death, if a non-kohen eats terumah gedolah, that is why you are careful to give terumah to the kohen, because you know that there is a death penalty for a non-kohen to eat terumah. So too, terumat ma'aser and tevel also carry a sin of death." There is a sin if you do not give ma'aser rishon to the Levi. Why? Because ma'aser rishon can be eaten by a stranger. There is no death penalty on that. But the problem is that within ma'aser rishon, there is a portion that belongs to the kohen, which is called terumat ma'aser or ma'aser min ha-ma'aser.
What the rabbi was trying to convey, what Yochanan Kohen Gadol was trying to tell the people, is that you are worried about death. That is why you are careful to give your terumah to the kohen. But by not giving ma'aser rishon, you also have a part of the kohen in that ma'aser, terumat ma'aser. It is also a liability for death because that is considered tevel on the kohen's portion. Oh, so terumat ma'aser and tevel carry a sin of death. He stood up and enacted a takanah: "Anyone who buys fruits from an am ha'aretz must take off ma'aser rishon and ma'aser sheni." The rule is that if you buy from an am ha'aretz, you must take off ma'aser rishon and ma'aser sheni so there will not be a concern of tevel.
Now, what do you do? From the ma'aser rishon, you must take out terumat ma'aser and give it to the kohen. Indeed, you must give it to the kohen. Now, ma'aser sheni must be taken and eaten in Jerusalem. And regarding ma'aser rishon and ma'aser ani, the burden of proof is on the Levi that he did not receive it. The holder can hold onto it, and the burden of proof is on the one claiming to take it from him. The burden of proof is on the one who wants to take ma'aser ani from me. Prove that you did not receive it yet. I am just taking it out of doubt.
When it came to terumat ma'aser, we give it to the kohen. Why do we not say that the one who wants to take it from the kohen must prove that he did not receive terumat ma'aser? That is very risky because if he holds it, he might come to eat it. If he comes to eat it, there is a liability for death because that is already terumah. Therefore, we want to get the terumah out of the person's possession. So therefore, give it to the kohen. However, ma'aser ani or ma'aser sheni, even if the person mistakenly ate the ma'aser rishon, so what? There is no prohibition against a stranger eating ma'aser rishon.
So again, let’s read this in Rashi and then we will get to the question. But this is a process that Yochanan Kohen Gadol established throughout Israel. Rashi begins on the right column. It’s a long Rashi there. "You take terumat ma'aser and give it to the kohen." You must take all the ma'asrot out in order so it will not be tevel. "And afterwards, take from the ma'aser rishon terumat ma'aser." Now from the ma'aser rishon, you take an additional ma'aser that the Levi would take out and give it to the kohen because there is a liability for death if a non-kohen eats it. The rabbis were stringent not to allow him to hold it and sell it to the kohen. Just like we let him keep the other stuff, the ani and the sheni.
And we say the burden of proof is on the one who wants to take it from him. You know why? Because we are concerned that if he holds the terumat ma'aser, he might come to eat it. But ma'aser rishon and ma'aser ani are permitted for strangers. Even if he eats it, there is no problem. The worst that can happen is he stole from the kohen. Therefore, the burden of proof is on the one who wants to take it from him. But here’s the point. It implies that they were not even separating ma'aser rishon. So what are you telling me that the reason why you stopped the confession is because they were giving it to the wrong person, they were giving it to the kohanim instead of the Levi'im? It implies from here that they were not even giving it at all.
So the Gemara comes and says: "Yochanan Kohen Gadol actually established two takkanot." Number one, he abolished the confession of the scholars who were giving their terumot and ma'asrot. For these scholars doing the right thing, he said no more vidui ma'aser because they were giving their ma'aser to the kohanim instead of the Levi. That was the takkanah for the scholars. However, regarding the product of the am ha'aretz, they made a takkanah that since they are not giving anymore, anyone who buys from them must take the terumot and ma'asrot.
Yochanan Kohen Gadol also nullified a group called the meorerim. What were they? The critics, the quakers, the awakeners? What is meorerim? Rav Yehudah said that every day when the Levi'im would sing in the Beit HaMikdash when they brought in the korbanot, they would say a pasuk in Tehillim: "Urah lamah tishan Hashem." They would say, "Wake up, God, why are You sleeping?" He asked them, does God sleep? Has it not already been said: "Hinei lo yanum velo yishan shomer Yisrael"? God does not sleep nor slumber, the watcher of Israel. So what does the pasuk mean? It means at a time when the Jewish people are suffering and the goyim are in tranquility, it looks as if God is sleeping. Therefore, it is said, "Urah lamah tishan Hashem." But at the times of Yochanan Kohen Gadol, that was not the case; the Jews were in tranquility. Therefore, this pasuk was out of line.
Therefore, when those who wanted the meorerim said "urah lamah tishan," he would tell them to stop saying it; it is not necessary to say it in this time, the Jews are not living in troubled times. Another interpretation is that they were saying the pasuk sarcastically, as if to say God is really sleeping, and the tone they used was sarcastic. Therefore, he told them not to say it; it is not meant literally. It means that if the Jewish people are suffering, it may seem as if God is sleeping, but do not think it means literally.
He also abolished the practice of the strikers. What are these strikers? Rav Yehudah said that they would puncture an animal between its horns to sedate it a little. This would confuse the animal, making it easier to slaughter. However, he stopped that minhag because it appeared as if they were putting a blemish in the korban itself. Even though it was not a blemish, it was a concern of marit ayin, so he stopped them from puncturing that spot.
In the Mishna, it states that when the Sanhedrin was nullified, the Beit Din Hagadol of seventy-one judges in Jerusalem was exiled forty years before the destruction, and they went through ten different exiles. At that point, the sages forbade singing in places where drinking wine occurs. As it is stated, "With song, you shall not drink wine." There are many interpretations of the halacha regarding what restrictions apply here.
Some opinions say that it is forbidden to sing at a party even verbally, while others say it only applies to love songs and secular songs, but songs that involve praises and commendations are permitted. The custom is to sing these even in a beit hamishteh. Some say that even singing songs with pesukim is forbidden as well. The Rambam's opinion is that musical instruments are forbidden even without wine. Some say that after the Beit HaMikdash, the restriction became even stronger. In any event, when it comes to weddings, the poskim are lenient.
One reason they stopped music and similar activities is due to the destruction; it is a time of mourning. Others say that while the Sanhedrin was alive, the singers were careful not to say anything forbidden in their songs. Once the Sanhedrin was dismantled, people would likely start singing inappropriate songs, so they stopped them. There is a significant discussion among the poskim regarding what to rely on today regarding music, even outside of weddings. It is a major question in halacha if one is allowed to listen to music.
Rav Ovadia, in one of his teshuvot discussing listening to music during the days of Sefirat HaOmer and Bein Hametzarim, writes that one should not listen to music during the Omer and the days of Bein Hametzarim. However, he notes that those who are lenient to listen to music all year long should be stringent during these times. Thus, it is evident that one needs to consult the poskim to find leniencies regarding listening to music.
The Gemara continues: "When the early prophets died, the Urim and Tumim ceased." Who are the early prophets? Rav Huna said they are David, Shmuel, and Shlomo. When they ceased to exist, the power of the Urim and Tumim went with them. When the Beit HaMikdash was destroyed, the shamir was also lost. The shamir was a small creature used to cut stones. The Gemara will explain what the nofet tzufim is.
The Gemara will discuss the various interpretations of the nofet tzufim, which is a type of sweet sap. The Gemara states that when the first Beit HaMikdash was destroyed, many good things ceased to exist in the world. One of them was the shira faranda, a precious type of silk, and the white crystal. Others say that congealed wine, which was very thick and looked like a cake of pressed figs, also ceased to exist.
The Gemara also discusses the nofet tzufim and what it is. One interpretation is that it is fine flour that sticks to the sides of a sieve when selecting flour. It is so rich that it looks like dough kneaded with honey and oil. Another interpretation is that it refers to two loaves of bread that stick to the sides of the oven and swell until they meet in the center, indicating the blessing in the dough.
Rav Yochanan explains that the nofet tzufim is honey that the sellers counterfeit because it is so thick that they can dilute it without the customer knowing. Rish Lakish says it is called nofet tzufim because it comes from a place called Zif. The Gemara continues to discuss the laws of nitzok, particularly regarding the thick honey and the implications of it being connected to a tamei keli.
The Gemara explains that when pouring from a tahor keli into a tamei keli, the top remains tahor, except for thick items like zifim honey and tzappichim, where the concern is that once the flow stops, the thick items may reverse direction and cause the tamei to mix with the tahor. This leads to a discussion about the implications of these laws and their practical applications.
In summary, the discussions in the Gemara reflect the complexities of the halachic system, the importance of proper observance of tithes, and the nuances of various laws and customs that evolved over time, particularly in response to historical events such as the destruction of the Beit HaMikdash. Each ruling and interpretation carries significant weight, shaping the practices and beliefs of the Jewish people throughout generations.