Halakhah sur Les Nombres 19:1
וַיְדַבֵּ֣ר יְהוָ֔ה אֶל־מֹשֶׁ֥ה וְאֶֽל־אַהֲרֹ֖ן לֵאמֹֽר׃
L’Éternel parla à Moïse et à Aaron en ces termes:
Sheiltot d'Rav Achai Gaon
As it is required for the house of Israel to read from the scrolls, and to teach in the Torah, and to conclude with the prophets, on each day according to its subject matter — laws of Pesaḥ on Pesaḥ, laws of Shavuot on Shavuot, laws of Sukkot on Sukkot, as it is written "And Moses spoke the appointed-times of haShem to the children of Israel" (Leviticus 23:44), and it is commanded to read every matter at its time and extrapolate on the subject of the day, as taught, "Rabbi Shimon ben Elazar says:1In our manuscripts, it says "The Rabbis taught" here. Moses ordained for Israel that they would investigate and extrapolate on the matter of the day — laws of Pesaḥ on Pesaḥ, laws of Shavuot on Shavuot, laws of Sukkot on Sukkot" (Megillah 32a:17). On Ḥanukkah we read the princes (Numbers 7). On Purim we read "And Amalek came" (Exodus 17:8—16). When Rosh Ḥodesh Adar falls on Shabbat we read the portion of the sheqalim (Exodus 30:11—16). "And Rabbi Yitzḥaq Nappaḥa said: when Rosh Ḥodesh Adar falls on Shabbat, bring three Torah scrolls, and read one for the matter of the day, and one for the new moon, and one from Ki Tissa. And Rabbi Yitzḥaq Nappaḥa said: when Rosh Ḥodesh Tevet falls on Shabbat, bring three Torah scrolls, and read one for the matter of the day, and one for Rosh Ḥodesh, and one for Ḥanukkah" (Megillah 29b:22). On Ḥanukkah and on Purim three people read, on Rosh Ḥodesh and on Ḥol ha-Moed four people read — since there is Musaf, we add [mosifin] a person. When Rosh Ḥodesh Adar falls on Shabbat, we read the portion of the sheqalim (Exodus 30:11—16). When it falls on another day of the week, we advance the reading of the portion of the sheqalim, and interrupt the special readings. On the second2 Shabbat of the month we read 'Remember' (Deuteronomy 25:17—17). On the third, the red heifer (Numbers 19:1—22). On the fourth, 'This month' (Exodus 12:1—20). If it falls on the sixth, then 'This month' is on the fifth. After that they return to the regular order. And everyone interrupts the order for Rosh Hodesh, Ḥanukah, Purim, fast days, festival days, and Yom Kippur (Mishnah Megillah 3:5). On Pesaḥ they read the portion of the festivals. And a mnemonic is: "during the bull, sanctify with money, cut in the desert, send the firstborn." On Shavuot, "On the third day" (Exodus 19:1–20:23), and on the second day, "Every firstborn" (Deuteronomy 15:19—16:37). On Rosh Hashanah, "And haShem remembered Sarah" (Genesis 21:1–34) and on the second day, "And God tested Abraham" (Genesis 22:1—24). On Yom Kippur, "after the death" (Leviticus 16:1—34). On Sukkot, the offerings for Sukkot (Numbers 29:12—34). On Ḥanukkah, the princes (Numbers 7). On Purim, "And Amalek came" (Exodus 17:8—16). On Rosh Hodesh, "And on your new months" (Numbers 28:1–15). On the watches, the matter of creation (Genesis 1:1—2:3). On fast days, "And Moses petitioned" (Exodus 32:11—14, Exodus 34:1–10). On Mondays and Thursdays and on Shabbat in the afternoon they read according to the order, but they are not counted in the order. As it is said, "And Moses spoke the appointed-times of haShem to the children of Israel" (Leviticus 23:44) — it's commanded that they read each and every one at its time.
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Gray Matter III
Rav Zalman Nechemia Goldberg, though, cites the Mishnah’s (Parah 3:2) description of the extreme measures that were taken to ensure the tahorah of the individuals who drew water for the parah adumah (red heifer) ceremony.14The only way for a person to remove himself from the status of tum’at meit is to go through a process of purification (described in Bemidbar 19:1-22) involving the ashes of the parah adumah. The Mishnah describes how women would come to specially designed homes in Yerushalayim where they would give birth and raise children who were guaranteed not to have become tamei. This Mishnah, contends Rav Zalman Nechemia, clearly indicates that the concern for tum’ah begins only at birth, as the women would come to this type of home only to give birth, not immediately after conception. Apparently, the mother does shield her fetus from tum’ah, presumably because the fetus is tum’ah belu’ah.15This inference from the Gemara also is made by the Me’iri (Sukkah 21a). To defend the Avnei Milu’im, Rav Zalman Nechemia suggests that a fetus can become tamei in utero, but loses all tum’ah when born because it emerges as a new entity (see, however, Teshuvot Binyan Tzion Hachadashot 96). He notes, however, that this answer is inadequate for the Avnei Milu’im himself, who writes (Ketzot Hachoshen 209:1)16The author of the Avnei Milu’im, Rav Aryeh Leib ben Yosef Hakohen, also wrote the Ketzot Hachoshen. that a fetus does not emerge as a new entity at birth.
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