[46a - 44 lines; 46b - 38 lines]

1)[line 5] "[V'LO SAVI SO'EVAH EL BEISECHA, V'HAYISAH CHEREM KAMOHU;] SHAKETZ TESHAKTZENU V'SA'EV TESA'AVENU, KI CHEREM HU."- "[You shall not bring an abomination (an item of Avodah Zarah) into your house, lest you will become shunned like it, rather,] you shall utterly detest it, and loathe it; for it is a cursed thing." (Devarim 7:26)

2)[line 7] BEIS GALYA, BEIS KARYA- (a) the *lofty* (lit. revealed) house [shall be called] the *lowly* house (lit. dugout) (RASHI, ARUCH, 1st explanation); alt. the outhouse (where a hole for refuse is dug) (RASHI to Temurah 28b); According to the Girsa *BEIS KALYA*: (b) the house of *happiness* (from the word "Gil") [shall be called] the house that should be *destroyed* (ARUCH, 2nd explanation); (c) the *famous* (lit. revealed) house [should be called] the *prison* (ARUCH, 3rd explanation)

3)[line 7] EIN KOL, EIN KOTZ- the [house that is the] eye for all [people], [shall be called] the thorn in the eye

4)[line 10] OVDEIHEN B'SAYIF (BENEI NOACH: AVODAH ZARAH: SAYIF)

(a)People other than Jews are often referred to as Benei Noach (since all of mankind is descended from Noach). Mankind was commanded to keep seven Mitzvos from the time of Adam ha'Rishon and Noach, before the Jewish nation existed. Although the Mitzvos of the Torah superceded these Seven Mitzvos for the Jewish nation, these Mitzvos remain binding to Benei Noach today.

(b)The seven Mitzvos are:

1.Avodah Zarah, not to worship idols.

2.Birkas (i.e. Kilelas) HaSh-m, not to curse HaSh-m.

3.Shefichus Damim, not to murder.

4.Giluy Arayos, not to engage in illicit or incestuous relationships. (Besides adultery, the Gemara (Sanhedrin 57b-58b) discusses which relatives a Ben Noach is prohibited to marry.)

5.Gezel, stealing.

6.Ever Min ha'Chai, not to eat a limb that is detached from an animal when it is alive (see Background to Sanhedrin 56:27).

7.Dinim, enacting courts and appointing judges to keep law and order.

(c)All of these are general commandments with many details. Transgressing any one of them is considered such a breach in the natural order that the offender incurs the death penalty. Chazal termed this as, "Ben Noach - Azharaso Zo Hi Misaso" - "Any act prohibited to a Ben Noach invokes the death sentence." The death sentence for a Ben Noach is Sayif, death by the sword (RAMBAM Hilchos Melachim 9:14).

(d)(For a further discussion of the laws of Benei Noach, see Background to Avodah Zarah 2:43c:d-f.)

5a)[line 11] ZERA'IM- grains

b)[line 11] YERAKOS- vegetables

6)[line 18] NIDALDELU- that became detached

7)[line 18] BENEI REBBI CHIYA- [Yehudah and Chizkiyah,] the sons of Rebbi Chiya

8)[line 22] BEHEMAH TOCHI'ACH - let the law that applies to an animal that was worshiped as Avodah Zarah be a proof (since an animal is not Mechubar) (HA'MISHTACHAVEH LI'VEHEMAH)

Normally, when one makes an object into an idol, that idol becomes Asur b'Hana'ah (forbidden to derive benefit from it). (One may not derive benefit from an idol, Devarim 7:26); an animal, however, cannot become Asur b'Hana'ah as a result of being worshipped (Temurah 29a).)

9)[line 24] CHAZAR HA'DIN; LO RE'I ZEH KI'RE'I ZEH... HA'TZAD HA'SHAVEH SHE'BAHEN (TZAD HA'SHAVEH)

(a)The method of learning that is being used by our Gemara is called a comparison, or "Meh Matzinu" - "What we have found [in one subject, applies to another subject, also.]" Among the rules of this method is the rule of a "Pirchah" (a question), where even a slight difference between the subjects causes the comparison to collapse, and no connection may be made.

(b)If a Pirchah is asked, the Gemara will bring a "Yochi'ach" or "Tochi'ach" (fem.) (a proof), where another subject, which fulfills the requirements of the Pirchah, is used to rebuild the comparison. A second Pirchah usually follows, where the Yochi'ach subject is brought into question. Then the original subject becomes the Yochi'ach.

(c)The conclusion is v'Chazar ha'Din (the Din goes back and forth), Lo Re'i Zeh k'Re'i Zeh (this subject is not exactly like that subject and vice versa), but the Tzad ha'Shaveh (common denominator) may be used to connect the Halachos of the two subjects, and we may learn a new Halachah from them. The common denominator may also be brought into question, which inhibits learning the new Halachah from the two subjects.

10)[line 28] LO NISHTANU MI'BERIYASAN- they have not changed from their original forms

11)[line 32] TISTAYEIM- you may correctly conclude as follows

12)[line 39] AVODAS KOCHAVIM SHEL YISRAEL - an idol set up by a Jew with intention to bow down to it (AVODAH ZARAH)

(a)Avodah Zarah is the term for a Pesel (an idol or graven image) or anything such as the sun or the moon, or even a person, which people mistakenly believe is an independent power with G-d-like attributes, which they worship and to which they pray. It is prohibited to do even the most minute action that demonstrates the ascendancy of Avodah Zarah. Avodah Zarah is one of the three cardinal sins about which we are commanded, "Yehareg v'Al Ya'avor" - "One should be killed rather than transgress." (The other two are Giluy Arayos - forbidden relations and Sheficus Damim - murder. But see RAMBAM Hilchos Yesodei ha'Torah 5:1-4.)

(b)The prohibition against serving Avodah Zarah is one of the Ten Commandments, "Lo Yiheyeh Lecha Elokim Acherim Al Panai. Lo Sa'aseh Lecha Fesel v'Chol Temunah... Lo Sishtachaveh Lahem v'Lo Sa'ovdem..." - "You shall not possess any foreign gods, ever (lit. in my presence). You shall neither make for yourself a graven image nor any likeness of that which is in the heavens above or on the earth below or in the water beneath the earth. You shall not prostrate yourself to them nor worship them for I am HaSh-m, your G-d..." (Shemos 20:3-5).

(c)A person who serves Avodah Zarah b'Mezid (intentionally) is liable to the Kares punishment. If he received the proper warning and witnesses saw his action, he is liable to Sekilah (stoning). A person who worships Avodah Zarah b'Shogeg (unintentionally) is liable to offer a Korban Chatas (RAMBAM Hilchos Avodas Kochavim 3:1). A person who makes an idol or other Avodah Zarah, even for a Nochri, is liable to Malkus (lashes) (Rambam ibid. 3:9). Any adult Nochri can annul an idol made for or served by a Nochri (Avodah Zarah 43a), while an idol made for or served by a Yisrael can never be annulled.

(d)Many rites were invented for specific forms of Avodah Zarah. If a person serves an Avodah Zarah with a rite specific to it, he is Chayav as above, (c). If one serves an Avodah Zarah with a rite that was intended for another Avodah Zarah, he is exempt from punishment. However, the verses show that a person who performs the services of Zibu'ach (sacrificing an animal), Kitur (burning incense), Nisuch (pouring a libation) and Hishtachava'ah (bowing down) is Chayav, whether it is specific to the Avodah Zarah or not (Sanhedrin 60b, see Rambam ibid. 3:3). The prohibition against Avodah Zarah is included in the seven Mitzvos Benei Noach, the seven commandments in which all of humanity is obligated (see above, entry #4).

13)[line 42] SHE'ZAKAF LEVEINAH- who stood up a brick [with intention to bow down to it]

14)[last line] TEIKU

The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim, #9) quotes and discusses various explanations for the word Teiku:

1.It is sealed in its container ("Tik") (ARUCH, Erech Tik).

2.Tehei Ka'i - "Let it (the question) stand" (MUSAF HA'ARUCH).

3.Tishbi Yetaretz Kushyos v'Ibayos - "Eliyahu ha'Navi will answer difficulties and questions" (TOSFOS YOM TOV, end of Eduyos).

46b----------------------------------------46b

15)[line 1] NE'EVAD- [an object that becomes prohibited for use by being] worshipped as an idol

16)[line 3] MACHSHIREI KORBAN- items that enable a Korban to be brought (such as the Mizbe'ach)

17)[line 4] ESNAN (ESNAN ZONAH)

An Esnan is an item given to a harlot for her wage, which may not be brought as a Korban (sacrifice), as stated in Devarim 23:19. For example, if a person gives a sheep to a harlot as her wage, she, or anyone else, may not designate that sheep as a Korban.

18)[line 5] "LO SAVI ESNAN ZONAH U'MECHIR KELEV [BEIS HASH-M EL-KECHA, L'CHOL NEDER; KI TO'AVAS HASH-M GAM SHENEIHEM.]"- "You shall not bring the wage of a harlot, or the price of a dog, [into the house of HaSh-m your G-d, for any vow; for both of these are an abomination to HaSh-m.]" (Devarim 23:19)

19)[line 16] PARAH (PARAH ADUMAH)

(a)The Parah Adumah, an exclusively red-haired female cow, is burned on Har ha'Zeisim and its ashes are used for making a person Tahor if he is Tamei Mes. Only a cow that has not had a yoke placed upon it and has had no other work done with it is fit to be used as a Parah Adumah. A place is prepared for its slaughter on Har ha'Zeisim (but not in the Beis ha'Mikdash itself, as the Beraisa here teaches), opposite the gate to the Azarah (the courtyard of the Beis ha'Mikdash). After it is slaughtered, its blood is sprinkled in the direction of the Beis ha'Mikdash seven times. A cedar branch, some Ezov branches and a piece of crimson wool are thrown into the carcass of the cow while it is burning (Bamidbar 19:1-22).

(b)If a person (or utensil) became Tamei through touching Tum'as Mes or being in the same room as a Mes or something that is Metamei b'Ohel, he must wait seven days to become Tahor. On the third and seventh days he must have spring water mixed with the ashes of the Parah Adumah (Mei Chatas) sprinkled on him. A person who is Tahor dips three Ezov branches that have been bound together into the mixture, and sprinkles them on the person who is Tamei. On the seventh day, he immerses in a Mikvah after the mixture is sprinkled on him in order to complete his Taharah (Bamidbar 19:17-19).

20)[line 16] SHE'EINAH BA'AH LA'BAYIS- which is not brought into the Beis ha'Mikdash (and, therefore, an Esnan is permitted to be used for a Parah Adumah)

21)[line 18] RIKU'IM- flattened sheets of gold that were used to cover the walls and floor of the Kodesh ha'Kodashim

22)[line 19] KULA V'CHUMRA, L'CHUMRA PARCHINAN (KAL VA'CHOMER)

(a)In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is called a Kal va'Chomer (an argument a fortiori, also known as "Din" in the language of the Gemara), by which a Halachic inference is made from a Halachah of lesser consequence to a Halachah of greater consequence, or vice versa.

(b)Unlike a Gezeirah Shavah (see Background to Sanhedrin 87:5), the Kal va'Chomer inference need not be received as a tradition from one's teacher, since it is based upon logic. And unlike a Hekesh (see Background to Shevuos 10:5), it can be refuted based on logical grounds.

(c)When a Kal va'Chomer argument can be used to teach either a leniency or a stringency, we use the Kal va'Chomer to teach a stringency (see Rashi for the use of the term "Parchinan" (lit. "we ask") in the context of the application of a Kal v'Chomer).

23)[line 21] HAZA'AH D'PESACH - Haza'ah for the sake of becoming Tahor in order to fulfill the Mitzvah of offering and eating the Korban Pesach.

(a)If a person became Tamei (see above, entry #19:b), he must wait seven days to become Tahor. On the third and seventh days he must have spring water mixed with the ashes of the Parah Adumah (Mei Chatas) sprinkled on him. A person who is Tahor dips three Ezov branches that have been bound together into the mixture, and sprinkles them on the person who is Tamei. On the seventh day, he immerses in a Mikvah after the mixture is sprinkled on him in order to complete his Taharah.

(b)The process of Haza'ah, under normal circumstances, is not performed on Shabbos; the Rabanan prohibited it because it is a form of Tikun (see Beitzah 17b). However, when the seventh day of a person's Taharah occurs on Shabbos Erev Pesach (Shabbos which is also the day before Pesach), if Haza'ah is not done to him he will not be able to fulfill the Mitzvah of Korban Pesach. Rebbi Eliezer and Rebbi Akiva argue whether or not it is permitted to perform Haza'ah on Shabbos in such a situation (see Insights to Pesachim 66:1).

24a)[line 22] REBBI ELIEZER SAVAR L'CHUMRA- Rebbi Eliezer applies the Kal va'Chomer to teach a stringency

b)[line 23] V'KA MECHAYEIV LEI L'GAVRA- and he obligates the person [to perform the procedure of Haza'ah on Shabbos in order to be obligated to bring the Korban Pesach]

25a)[line 25] SHE'HI MISHUM SHEVUS - which is [prohibited on Shabbos] because of Shevus

Shevus refers to actions that the Rabanan prohibited on Shabbos. The Torah states, "uva'Yom ha'Shevi'i Tishbos" ("and you shall rest on the seventh day") (Shemos 23:12). The Rabanan learn that this applies even to actions that are not Melachos, and as a result they prohibited actions that were permitted mid'Oraisa (see Shabbos 114b).

b)[line 26] EINAH DOCHAH HA'SHABBOS- it (Haza'ah) does not override the Shabbos (when the person's seventh day of Taharah occurs on Shabbos which is also Erev Pesach, as described above in entry #23:b)

26)[line 27] REBBI ELIEZER GAMREI- Rebbi Eliezer had initially learned it (that Haza'ah is *not* done on Shabbos, even on Erev Pesach)

27)[line 28] V'AYAKAR LEI TALMUDEI- but he forgot his learning

28)[line 28] V'ASA REBBI AKIVA L'ADKUREI- and Rebbi Akiva came to help him remember it

29)[line 29] REBBI! AL TACHPIRENI BI'SHE'AS HA'DIN- My teacher! Do not deny [what you originally taught] me at the time that we are debating the Halachah! (Rather, remember what you originally taught me.)

30)[line 32] KAMAS CHITIM- standing grain of wheat

31)[line 32] MENACHOS- flour offerings (see Background to Shevuos 11:5)

32)[line 33] YESH SHINUY B'NE'EVAD - is there a concept of "Shinuy" with regard to an object that was worshipped as an idol?

A "Shinuy" refers to a significant transformation effected in an object that alters its original form (such as transforming wheat into flour). Such a change effects the Halachah of the object in certain cases (see Background to Bava Basra 44:1).

33)[line 35] KOL HA'ASURIN L'GABEI MIZBE'ACH, VELADOSEIHEN MUTARIM- it is permitted to offer, as a Korban, the offspring of any animal that was forbidden to be offered itself upon the Mizbe'ach (for example, an animal that was worshipped as an Avodah Zarah)

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