Section: DAF YOMI   Category: Lessons From The Daf
Prosecutor becoming a Defender: Kiddushin Daf 5

The Gemora had asked: Why don't we say that just as money can be used for kiddushin, it can be used as a method of divorce?


Abaye answers: This is because people will say, "Money brings a woman into marriage, can money take her out? How can a defender become a prosecutor?"


The Gemora elsewhere uses this reason as to why the Kohen Gadol cannot wear his gold garments into the Holy of Holies when performing the Yom Kippur service. This is based on the rule ein kategor na'aseh sanegor - a prosecuting attorney cannot become a defense attorney.


The Turei even asks that this does not explain why the avnet, the belt of the kohen gadol on Yom Kippur was different that the one he wore during the year During the year, the belt consisted of wool and linen and on Yom Kippur, it was made only out of linen. Since there wasn't gold anyway, what was the purpose for the change?


It is written in Vayikra "You shall observe My statutes: You shall not crossbreed your livestock with different species. You shall not sow your field with a mixture of seeds, and a garment which has a mixture of shatnez shall not come upon you."


The Ramban cites the Rambam in Moreh Nevuchim to explain the reason for this prohibition. It was well known that the clothes that the sorcerers used to wear when they were performing their black magic were made out of wool and linen. Their activities were performed for the sake of their idols and demons. The Torah wanted Klal Yisroel to distance themselves from idolatry and therefore prohibited the wearing of clothes that contained wool and linen. The Chinuch uses a similar analogy to explain the prohibition.


Rav Elyashiv Shlita says that it emerges from these Rishonim that one of the concepts behind the prohibition of wearing shatnez is based on idolatry. Perhaps this can explain why the kohen gadol does not wear the belt of shatnez into the Holy of Holies on Yom Kippur. A garment consisting of wool and linen is regarded as a kategor - a prosecutor since it bears resemblance to the idolaters clothing.


The Gemora in Yoma explains that this principle only applies inside the Holy of Holies for that is where the Shechinah resides.


The Ritva writes that one would be permitted to wear on Yom Kippur a tallis that contains gold in it since this is regarded as "outside" and not "inside." The principle of ein kategor na'aseh sanegor only applies "inside."


Reb Akiva Eiger in his gloss on Shulchan Aruch (O"C 610) quotes from the Pri Megadim that are certain localities that have the custom not to wear gold on Yom Kippur, but women and Levi'im are not included in this since they did not donate any gold for the golden calf.


In the sefer, Avodah Berurah, a question is asked that we do not find the principle of ein kategor na'aseh sanegor by tefillah since tefillah is regarded as "outside" and not "inside."


Sefer Chasidim (249) writes that the principle of ein kategor na'aseh sanegor does apply by tefillah. He is referring to a case where one wrote a siddur for his friend but he didn't write the siddur for the sake of Heaven and the friend's prayers were never answered when using this particular siddur.


Beis Halevi in his droshos (15) explains why the principle of ein kategor na'aseh sanegor does apply by tefillah even though the tefillah is not recited inside the Holy of Holies. It is based on the Gemora in Brochos 28b which rules that one who prays should always turn his heart towards the Holy of Holies and therefore tefillah is considered "inside."