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Niddah 46a

נדה מ״ו ע״א

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Topic

Hairs during the time (תוך זמן), the status of a girl past twelve for מיאון and חליצה, and the vows of a youngster near adulthood

Overview

This amud asks about hairs that grow during the year just before the age of adulthood (תוך זמן). Do they count like hairs that grew before that age (לפני זמן), so they are not a sign? Or do they count like hairs after it (לאחר זמן)? רב המנונא and רבי זירא bring sources showing they count like before the time, and the גמרא calls this a תיובתא against רבי יוחנן and רבי יהושע בן לוי. רב נחמן tries to show that the question is a מחלוקת תנאים, using the first and last lines of a ברייתא. The גמרא answers that both lines can agree, and that they differ only about when a boy's or a girl's 'time' begins. רבא rules that תוך זמן כלפני זמן. The גמרא then works through רבא's rule that a girl past twelve does neither מיאון nor חליצה, and explains it using the חזקה that she has grown signs and the worry that her hairs fell out. Finally, רב הונא teaches that a youngster near adulthood who consecrates food and eats it gets מלקות, and a source in his support is introduced.

Opening lines

וְטַעְמָא דִּלְאַחַר זְמַן

And the reason is that it is after the time

הוּא דְּגָמְרָה לַהּ לְמִילְּתֵיהּ?

that his matter was completed for him?

הָא תּוֹךְ זְמַן — כְּלִפְנֵי זְמַן.

This implies that during the time is like before the time.

וְעוֹד מֵתִיב רַבִּי זֵירָא:

And furthermore, Rabbi Zeira raised an objection:

The steps (29)

  1. ChallengeThe inference that ends רב המנונא's challenge
  2. Challengeרבי זירא brings a ברייתא about vows
  3. ChallengeWorking out the ברייתא: it must mean he has two hairs
  4. ConclusionThe challenge is declared a refutation
  5. Resolutionרב נחמן: this is a dispute between תנאים
  6. ChallengeThe ברייתא seems to contradict itself about the thirteenth year
  7. ProofSo the two lines must be two different תנאים
  8. RejectionNo: both lines are about a girl and follow different opinions about her age
  9. RejectionAnother option: both lines are about a boy, with the opinions reversed
  10. RejectionBoth lines follow רבי: one is about a boy, one about a girl
  11. RejectionBoth lines follow רבי שמעון בן אלעזר: one is about a boy, one about a girl
  12. StatementEarly hairs count as a sign only if they are still there
  13. ProofA ברייתא supports רבי כרוספדאי
  14. Conclusionרבא rules that hairs during the time count as before the time
  15. StatementAnother version of רבא's ruling, using the law of refusal
  16. Challengeרבא's ruling seems to contradict itself
  17. Challengeרבא cannot simply be in doubt, since he trusts a חזקה
  18. ResolutionThe חזקה applies only when she was not checked
  19. ChallengeIf no hairs were found, she should be a minor
  20. ResolutionMaybe the hairs fell out
  21. ChallengeWhat about the opinion that does not worry the hairs fell out?
  22. ResolutionEven רב פפא worries about hair falling out when it comes to מיאון
  23. ChallengeDoes the one who worries really allow חליצה?
  24. ResolutionNew explanation: she was never checked
  25. ConclusionThe הלכה: we worry the hairs fell out
  26. ConclusionThe worry about fallen hairs applies only when Torah law may be involved
  27. StatementA young person who consecrates food and then eats it gets lashes
  28. Proofרב הונא's source links real vows to the ban on breaking one's word
  29. ProofSetting up a source that supports רב הונא