Moed Katan Daf 16 מועד קטן דַף 16

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1. Sources for many of the halachos of נידוי - excommunication

The majority of Amud Aleph brings the sources for various halachos of excommunication. Rava said: From where do we know that we send a shaliach of Beis Din and summon the defendant to appear before Beis Din? For it is written: "וישלח משה לקרא לדתן ולאבירם בני אליאב" – And Moshe sent to call Dasan and Aviram, the sons of Eliav. And from where do we know that Beis Din summons the defendant to appear before Beis Din? For it is written: "ויאמר משה אל קרח אתה וכל עדתך" – And Moshe said to Korach, “You and your entire congregation, be before Hashem…tomorrow.” And from where do we know that we excommunicate a defendant who does not heed a summons, to appear in Beis Din ? For it is written regarding Meiroz, who did not respond to Devorah and Barak’s call to battle against the Canaani, "אורו מרוז" – Cursed is Meiroz. And from where do we know that Beis Din can be mafkir one’s property if he disobeys the Rabbis’ commands, for it is written regarding Ezra’s telling the Jewish people to rid themselves of their non-Jewish wives, “And whoever does not come within three days, according to the counsel of the princes and elders, יחרם כל רכושו" – all his property shall be confiscated.

2. אין נידוי פחות משלשים יום ואין נזיפה פחות משבעת ימים

It was taught in a Baraisa: אין נידוי פחות משלשים יום – There is no nidui for less than thirty days, ואין נזיפה פחות משבעה ימים – and there is no “rebuke” for less than seven days. Nezifah refers to a form of rebuke that one suffers for upsetting his Rebbe or a great person. The person is not banned like one who is in נידוי, but he must behave like one who has been humiliated, and sequester himself to his home, not engaging with others. Even though there is no proof for the seven days of nezifah, זכר לדבר – there is an allusion to it, for it is written regarding what Hashem said to Moshe about Miriam, "ואביה ירק ירק בפניה הלא תכלם שבעת ימים" – Were her father to spit in her face, would she not be humiliated for seven days? Let her be quarantined outside the camp for seven days, and then she may be brought in. The Maharsha explains that this is only an allusion to seven days for nezifah, since the reason Miriam was sequestered away was due to her tzaraas .

3. The reward for Dovid HaMelech for sitting on the ground when teaching Torah

The Gemara expounds on pesukim from Shmuel II Perek 23 regarding אלה דברי דוד האחרנים – These are the last words of Dovid. The passuk  "אלה שמות הגברים אשר לדוד ישב בשבת" – These are the names of Dovid’s mighty men; One who sat in the assembly… Rebbe Abahu said the passuk is teaching, ואלה שמות גבורותיו של דוד יושב בשבת – And these are the names of Dovid’s mighty deeds, he sat in a low position, which means that when he learned from his Rebbe, Ira Ha’Yaira, Dovid would sit on the ground, and even when his Rebbe died, and Dovid would teach the Rabbis, he would still sit on the ground. The passuk then states: תחכמני – Rav expounded that HaKadosh Boruch Hu said to Dovid: Since you lowered yourself by teaching Torah sitting on the ground while teaching, תהא כמוני – you shall be like Me. שאני גוזר גזרה ואתה מבטלה – That  I am gozeir a harsh gezeirah and you can cancel it. The passuk then states: "ראש השלשים" – The head of the “shalishi, which means that his reward will be תהא ראש לשלשת אבות – You shall be the leader of the three avos, which Rashi explains that Dovid will be in front of them in Olam Habah. The Maharsha brings the Gemara in Pesachim קיט, that Dovid will lead the bentching after techiyas hameisim.

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