[3a - 26 lines; 3b - 42 lines]

1)[line 1]שמא יעלה ויתלושSHEMA YA'ALEH V'YITLOSH- perhaps he will climb [up the tree] and pick [fruit[

2)[line 2]ואנן ניקום ונגזור גזרה לגזרה?VA'ANAN NEIKOM V'NIGZOR GEZEIRAH L'GEZEIRAH? (GEZEIRAH L'GEZEIRAH)

(a)When the Chachamim have seen an area of Halachah that is vulnerable to easy transgression, they have instituted decrees (a Gezeirah). These Gezeiros are intended to distance one from the prohibition, so that he not come to transgress it inadvertently.

(b)There is a source in the Torah for the Chachamim to enact these Gezeiros. The verse states, "And you shall guard My charge ..." (Vayikra 18:30). It is from this same verse that it is understood that the Chachamim do not enact Gezeiros to protect their own Mitzvos or Gezeiros. This is because the verse discusses the charge of Hash-m, specifically - and not that of the Chachamim.

3)[line 2]כולה חדא גזרה היאKULAH CHADA GEZEIRAH HI- it is all one decree (i.e., the decree forbidding produce that became detached on Shabbos or Yom Tov implies that an egg laid on these days is included as well)

4)[line 3]משקין שזבוMASHKIN SHE'ZAVU- liquid that flowed [from grapes or olives on Shabbos or Yom Tov, which one may not eat]

5)[line 5]שמא יסחוטSHEMA YISCHOT- perhaps he will squeeze [them for their juice, which is forbidden mid'Oraisa]

6)[line 6]כולהוKULHU- all of those [ho disagree with Rav Nachman; namely, Rabah, Rav Yosef, and Rav Yitzchak]

7)[line 7]כי קושייןKI KUSHYAN- because of our question [that the Mishnah should have discussed the hen as well (2b)]

8)[line 12]בלועהBELU'A- absorbed [into the hen]

9)[line 13]דמגלוD'MIGALU- that are revealed

10)[line 18]אם לאוכליןIM L'OCHLIN- if [the fruits have been designated] as food

11)[line 22]מתנה אדם על כלכלה של פירות ביום טוב ראשוןMASNEH ADAM AL KALKALAH SHEL PEIROS B'YOM TOV RISHON (KEDUSHAH ACHAS HI / SHTEI KEDUSHOS HEN)

(a)Three situations exist in which there are (at least) two consecutive days during which one may not perform Melachah: 1. When Shabbos and Yom Tov follow one another; 2. When there are two days of Yom Tov in the Diaspora (Yom Tov Sheni Shel Galuyos); 3. The two days of Rosh Hashanah (which occurs even in Eretz Yisrael). There are two possible ways in which to view these situations. One is that they are one long period of holiness (Kedushah Achas Hi). The other is that they are separate periods of holiness (Shtei Kedushos Hen). This second option means that when it comes to two days of Yom Tov, one of them is really a weekday (although it is unknown which, and they therefore must be treated both as Yom Tov), and when it comes to Shabbos and Yom Tov that follow one another, it means that while both are certainly Kodesh, they maintain separate statuses. Tana'im and Amora'im disagree on the status of each of these situations (Beitzah 4a, Eruvin 38b, Pesachim 47b, and elsewhere).

(b)Whether these two days are Kedushah Achas Hi or Shtei Kedushos Hen makes a number of practical differences:

1.If an item becomes available for use or to eat on Shabbos or Yom Tov, it has the status of Muktzah for that day. Examples of this include a freshly laid egg, an animal caught from the wild, or a plant or fruit that became detached from the ground. If the two days are viewed as one long day, then the object becomes Muktzah for that entire period; if they are viewed as two separate days, then the object will be permitted on the second day, since the object is then no longer Muktzah. According to those who require "Hachanah d'Rabah" (see Background to 2:28), this makes no difference to a food item when Shabbos and Yom Tov are adjacent to one another. This is because there is no question that they are both Kadosh, and therefore the food item was never designated on a weekday.

2.If one makes an Eruv Techumin (see Background to Yoma 56:7) before the first of these two days, he thereby designates the place where he places his Eruv as his "home base" (Makom Shevisah) for that day. This allows him to walk 2,000 Amos from that place over the course of Shabbos or Yom Tov. If the two days are viewed as one long day, then this area becomes his designated place for both of the days; if they are viewed as two separate days, then he may make another Eruv in a different place to designate his Makom Shevisah for the second day. Additionally, if his Eruv is moved or removed prior to the start of the second day, then his designation remains for both days, as long as they are Kedushah Achas. If they are Shtei Kedushos, then his Makom Shevisah for the second day depends on where he is (or whether or not his Eruv remains in place) during Bein ha'Shemashos (twilight) leading into the second day.

3.In the case of two adjacent days of Yom Tov, one of them must truly be a weekday if they are considered two Kedushos. One may therefore designate Terumah (see Background to Sukah 42:30) or an Eruv Tavshilin (see Background to Yoma 28:32) in such a way that they take effect by the second day of Yom Tov. This is accomplished by stating, on the first day, that food set aside should be Terumah or an Eruv Tavshilin on the condition that that day is in truth a weekday. This action is repeated on the second day. This is the case discussed by Rebbi Yehudah in the Mishnah quoted in our Gemara. Since the status of both Terumah and an Eruv Tavshilin can be conferred through speech alone, this will unquestionably designate the food as such by the second day of Yom Tov. If, however, the two days of Yom Tov are one long Kedushah, then neither of them are a weekday and such a methodology is not allowed.

(c)The Halachic status of the three cases described in (a) above are unrelated to each other. There are opinions who maintain that one or two of them are considered Kedushah Achas, while the others are Shtei Kedushos, and vice versa. There is a more compelling case to be made that the two days of Rosh Hashanah are considered two Kedushos over other two-day Yomim Tovim, however (see Beitzah 4b and 5b).

12)[line 22]כלכלהKALKALAH- a basket

13)[line 25]מוחלפת השיטהMUCHLEFES HA'SHITAH- the opinions [expressed in the Mishnah of "Ein Sochatin..."] have been [mistakenly] interchanged (that is, it is Rebbi Yehudah who rules that juice that flows from fruits is prohibited on Shabbos and Yom Tov even when they are designated as food)

3b----------------------------------------3b

14)[line 4]אודו לי מיהתODU LI MIHAS- admit to me at least this

15)[line 4]שתי קדושות הן ... קדושה אחת היאSHTEI KEDUSHOS HEN ... KEDUSHAH ACHAS HI- see above, entry #11

16a)[line 10]לכסות בה את הכליL'CHASOS BAH ES HA'KLI- to cover [the small mouth of] a vessel (such as a flask) with it

b)[line 11]לסמוך בה כרעי המטהLI'SMOCH BAH KAR'EI HA'MITAH- to support the legs of a bed on it[s pointed end, which is quite strong]

17)[line 11]כופהKOFEH- overturn

18)[line 12]ספיקאSEFEIKA- that which is in doubt [whether it was laid on Yom Tov or on one of the days preceding]

19)[line 15]ספיקא דאורייתא לחומרא / ספיקא דרבנן לקולאSEFEIKA D'ORAISA L'CHUMRA / SEFEIKA D'RABANAN L'KULA

(a)Where a Safek (doubt) exists as to whether a certain act or object is permitted or forbidden by the Torah, one is obligated to be cautious and assume the more stringent possibility. There are several approaches among the Rishonim as to the source for this ruling:

1.The Torah obligates one to offer a Korban Asham (see Background to Yoma 61:35) for possibly transgressing a prohibition that carries with it the punishment of Kares (see Background to Pesachim 32:16). From this it is clear that one may not intentionally transgress such a prohibition, even when it may only possibly exist.

2.A specific derivation from the Torah is necessary to permit one who may or may not be a Mamzer (the result of certain prohibited unions) to marry a Jew who has a Halachically clear bloodline (Kidushin 73a). This implies that when the Torah does not go out of its way to permit a Safek, it is prohibited.

(b)When a Safek exists with regard to a that which is prohibited by the Rabanan, then the Rabanan themselves rule that one may be lenient. Some commentators, however, explain that this is not ideal; one should, if possible, conduct himself stringently even in such a situation (see Talmid ha'Ramban to Beitzah 4a).

20)[line 18]אתאן לספק טרפהASA'AN L'SAFEK TEREIFAH- is brought to teach us [the Halachah] regarding [an egg laid by a hen] which may have a malady that will cause it to die within the year [in which case both she and her eggs are not kosher]

21)[line 21]דבר שיש לו מתירין אפילו באלף לא בטילDAVAR SHE'YESH LO MATIRIN, AFILU B'ELEF LO BATIL

(a)The status of a mixture containing that which may not be eaten and that which may depends on the ratio of the two elements: 1. If most of the mixture is Isur, the entire mixture is prohibited mid'Oraisa; 2. If most of the mixture is Heter, but the Isur constitutes more than one sixtieth of the mixture, then the Isur has the status of a "Nosen Ta'am" (giving taste) to the Heter, and it is prohibited mid'Rabanan. This follows the understanding of those who maintain that "Ta'am k'Ikar" (the taste of a food item must Halachically be dealt with as its essence) is a Rabbinic law. There are those, however, who are of the opinion that "Ta'am k'Ikar" is mid'Oraisa. According to this view if the two elements of the mixture do not have the same taste then the entire mixture would be prohibited mid'Oraisa; 3. If the amount of Isur is less than one sixtieth of the Heter, then it is not Nosen Ta'am to the Heter and the mixture is permitted.

(b)These rules apply to normal Isurim. There are, however, Isurim for which the guidelines are more stringent. Some of these exceptions are nullified by a ratio of one hundred parts of Heter to one part of Isur (Terumah; see Background to Sukah 42:30), and others by two hundred parts of Heter (Orlah; see below, entry #30, and Kil'ayim, see below, entry #25). Yet others can never be nullified; some due to their stringency (Avodah Zarah, Chametz according to Rav in Pesachim 30b, and Davar she'Yesh Bo Matirin), and others due to the importance of the Isur (e.g. a Biryah, Chatichah ha'Re'uyah l'Hiskabed, etc.).

(c)One example of that which can never be nullified is a Davar she'Yesh Lo Matirin, an item that will eventually be permitted. This is possible either automatically through the passage of time, such as with a Muktzah item (see Background to 2:6) on Shabbos and Yom Tov that will be permitted at the end of the day, or through one's actions, such as with Tevel that one can rectify by separating Terumos and Ma'asros from it.

(c)Various reasons are offered by the Rishonim to explain why the Rabanan were more stringent with a Davar she'Yesh Lo Matirin; see Insights to Beitzah 4a.

22)[line 24]חשובה ולא בטלהCHASHUVAH V'LO BATLAH (DAVAR CHASHUV, DAVAR SHEBE'MINYAN)

(a)The status of a mixture containing that which may not be eaten and that which may depends on the ratio of the two elements; see previous entry, (a) and (b).

(b)One example of that which can never be nullified is a Davar Chashuv, an item of substantial value. Tana'im (Orlah 3:6) disagree over what is of substantial enough value to be included in this exception. The Chachamim rule that there are six specific items excluded from the general Halachos of Bitul, Rebbi Akiva adds one additional item, and Rebbi Meir affords such a status to items that are sold by count (Davar shebe'Minyan), as opposed to by estimate. It is unclear if Rebbi Meir includes items that are always sold by count, or even those that are sometimes sold by count. Rebbi Yochanan maintains the former, whereas Resh Lakish contends that the latter is true.

23a)[line 25]כל שדרכו לימנות שנינוKOL SHE'DARKO LI'MNOS SHANINU- we learned [in the opinion of Rebbi Meir, soon to be quoted in the Gemara] "those items that are ever sold by count" (see previous entry)

b)[line 26]את שדרכו לימנות שנינוES SHE'DARKO LI'MNOS SHANINU- we learned [in the opinion of Rebbi Meir, soon to be quoted in the Gemara] "those items that are always sold by count" (see previous entry)

24)[line 27]חבילי תלתןCHAVILEI TILTAN- bundles of fenugreek (O.F. fenogre)

25)[line 28]כלאי הכרםKIL'EI HA'KEREM

(a)The word Kil'ayim means "forbidden mixture." Any two items, each of which is permitted alone, which one is prohibited by the Torah to combine are called Kil'ayim (see Background to Kidushin 39:23a). Our Gemara is referring to Kil'ei Zera'im.

(b)Kil'ei Zera'im occurs when two different types of crops are sown in close proximity to each other. This is prohibited, as the Torah states, "Sadcha Lo Sizra Kil'ayim" - "Do not sow different species (together) in your field" (Vayikra 19:19). The Mishnayos in Maseches Kil'ayim specify the distance one is required to leave in between different species of crops.

(c)This prohibition applies only in Eretz Yisrael, and does not apply to vegetables (Kidushin 39a). Although one who intentionally transgresses this prohibition is liable to Malkos, crops grown in a field planted with Kil'ei Zera'im are not prohibited.

(d)One who has mistakenly sown his field with Kil'ei Zera'im must uproot one of the two crops planted and burn it. this is derived from the verse (Devarim 22:9), which describes the produce as becoming "Kadosh". In this context, this means that one may not derive any benefit from them and they must be burned. (He need not uproot that crop entirely, however. The Mishnah in Maseches Kil'ayim (2:1) teaches that if the amount of the second species is less than a quarter of a Kav per Se'ah (1/24) of the first species, then the second species is Batel to the first and the field is not considered Kil'ayim (see TOSFOS YOM TOV ibid. for an explanation as to why this is).

26)[line 28]ידלקוYIDLEKU- they should be burned

27)[line 30]יעלו באחת ומאתיםYA'ALU B'ACHAS U'MASAYIM- they are nullified in [a mixture with a proportion of] one [part Kil'ayim] to one hundred [parts permitted bundles]

28)[line 31]מקדשMEKADESH- prohibits [a mixture of any size]

29a)[line 33]אגוזי פרךEGOZEI PERECH- a) nuts from the place called Perech (RASHI); b) nuts with a thin, brittle shell (TOSFOS Yevamos 81b DH Perech)

b)[line 34]רמוני באדןRIMONEI BADAN- pomegranates from the place called Badan, a place in Samaria known for its pomegranates

c)[line 34]חביות סתומותCHAVIYOS SESUMOS- sealed barrels [of wine and oil] (RABEINU CHANANEL)

d)[line 34]חלפי תרדיןCHILFEI TERADIN- young beet shoots

e)[line 35]קלחי כרובKILCHEI KERUV- stalks of [large] cabbages [that grow in Eretz Yisrael]

f)[line 35]דלעת יוניתDELA'AS YEVANIS- Greek gourd

g)[line 35]ככרות של בעל הביתKIKAROS SHEL BA'AL HA'BAYIS- home-baked loaves [of bread]

30)[line 35]ערלהORLAH

(a)One may not derive any benefit from the fruit produced by a fruit tree in the first three years following its planting. These fruits are termed "Orlah" (Vayikra 19:23). This status applies not only to the fruit but also to the peel of the fruit (Kelipei Orlah).

(b)If one consumes a k'Zayis of Orlah fruit, he receives Malkus. According to most Rishonim one who derives benefit from Orlah (or any other food that is Asur b'Hana'ah) is punished with Malkus as well (TOSFOS Chulin 120a DH Ela). There are those, however, who maintain that for such a transgression one receives only Makas Mardus (Malkus instituted by the Rabanan; RAMBAM Hilchos Ma'achalos Asuros 8:16 - see also Mishneh l'Melech to Yesodei ha'Torah 5:8).

31)[line 39]תנא דליטרא קציעות הואTANA LITRA KETZI'OS HU- is the Tana quoted [in the following Mishnah] concerning a Roman Libra (a measure of weight) of dried figs [that had been designated as Terumah]. This Terumah is Terumah mid'Rabanan, since only wheat, grapes, and olives must have Terumah separated from them mid'Oraisa.

32)[line 40]שדרסה על פי עגולSHE'DARSAH AL PI IGUL- that had been pressed [in the shape of a wheel] into the mouth of an Igul (a round, hollow utensil designed to dry figs in such a shape)

33)[last line]כורתKAVERES- [a round container resembling] a beehive

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