[2a - 36 lines; 2b - 41 lines]

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We recommend using the textual changes suggested by the Bach and the marginal notes of the Vilna Shas. This section is devoted to any other important corrections that Acharonim have pointed out in the Gemara, Rashi and Tosfos.

[1] Rashi 2b DH Tashlumin la'Rishon : ד"ה תשלומין לראשון

The words "l'Mi she'Hu Ra'uy" למי שהוא ראוי

should be "Mi she'Hu Ra'uy" מי שהוא ראוי

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1)[line 1]הכל מעריכיןHA'KOL MA'ARICHIN - any person can vow to give the Erech of another person to Hekdesh (ERECH)

(a)An Erech (endowment valuation) refers to a special form of vow. If a person declares, "Erech Ploni Alai" - "I accept upon myself to give the endowment value of so-and-so [to Hekdesh]," he must give the specific value that the Torah designates for the person's gender and age group as stated in Vayikra 27:1-8 (see below, (b)). It makes no difference at all whether the person is healthy or sick, strong or weak.

(b)The Erech that the Torah specifies for children between the ages of one month and five years is five Shekalim for males and three Shekalim for females (Vayikra 27:6). For youths and young adults between the ages of five years and twenty years, the Erech that the Torah specifies is twenty Shekalim for males and ten Shekalim for females (Vayikra 27:5). For adults between the ages of twenty years and sixty years, the Erech that the Torah specifies is fifty Shekalim for males and thirty Shekalim for females (Vayikra 27:3-4). For adults over sixty years of age, the Erech that the Torah specifies is fifteen Shekalim for males and ten Shekalim for females (Vayikra 27:7).

2)[line 2]נערכיןNE'ERACHIN- [any person] can be "evaluated"; i.e. someone else can say about him "I will give his Erech to Hekdesh"

3)[line 2]נודריןNODRIN - [any person] can vow to give the worth of another person to Hekdesh (DEMEI PELONI ALAI)

If a person makes a vow and says "Demei Ploni Alai" - "I accept upon myself to give the value of so and so to Hekdesh," he must give the actual worth of the person (i.e. the amount he would be worth if sold on the slave market).

4)[line 2]נידריןNIDARIN- and [any person] can have his worth dedicated to Hekdesh

5)[line 9]מופלא סמוך לאישMUFLA SAMUCH L'ISH

(a)The Mishnah in Nidah (45b) discusses the case of a girl who makes a Neder during her twelfth year or a boy who makes a Neder during his thirteenth year (when they are termed "Samuch l'Ish," or "near" the age of normal physical maturity). In such a case, we are required to "further investigate" in order to determine whether or not the girl's or boy's vow is Halachically binding. The investigation involves determining whether the child in question knows the significance of Nedarim and that their laws were dictated by HaSh-m. Even though, according to Halachah, the actions of a minor normally have no legal ramifications, if the child in question passes the investigation he is called a "Mufla ha'Samuch l'Ish" and has reached "Onas Nedarim," the age at which his vows are binding.

(b)There is a disagreement among the Tana'im as to whether the vows of such a child are binding mid'Oraisa (and if an adult transgresses them he is punishable with Malkus), or only mid'Rabanan. In either case, the child himself is not punished with Malkus if he transgresses his own vow, since he is still a minor and is exempt from all punishments.

6)[line 10]מנוולMENUVAL- a physical repulsive person

7)[line 10]מוכה שחיןMUKEH SHECHIN- a person who is stricken with boils; a leper

8)[line 10]"נדר בערכך" כתיב"NEDER B'ERKECHA" KESIV- it is written "[Ish Ki Yafli] Neder, b'Erkecha [Nefashos...]" - "[When a man shall clearly utter] a vow regarding the valuation [of persons to HaSh-m]" (Vayikra 27:2). The proximity of the word "Neder" to the word "b'Erkecha" would lead us to assume that the Torah is comparing Erech to Neder

9)[line 11]בדמיםB'DAMIM- with value

10)[line 20]סומכיןSOMCHIN (SEMICHAH)

(a)Semichah refers to the Mitzvah for a person to press both of his hands on the head of his animal Korban, as described in Vayikra (1:4). Semichah is performed immediately before the animal is slaughtered, in the place where it will be slaughtered (Menachos 93a).

(b)All private Korbanos require Semichah, except for the Bechor, Ma'aser, and Pesach offerings. The only public Korbanos that require Semichah are the Par He'elem Davar (see Background to Shevuos 14:13:a), the Se'ir ha'Mishtale'ach (scapegoat) of Yom ha'Kipurim (see Background to Menachos 92:5), and according to some, the Se'ir brought as an atonement when most of the nation sins with Avodah Zarah (see Background to Menachos 92:6). If the Korban is a Chatas, Asham or Olah, all of which are brought to atone for sins, the owner of the Korban confesses his sin while he performs Semichah. If the Korban is a Korban Shelamim or Todah, which a person brings to thank HaSh-m for the kindness or salvation that was bestowed upon him, the owner of the Korban says words of praise for HaSh-m while he performs the Semichah (RAMBAM Hilchos Ma'aseh ha'Korbanos 3:13-15).

(c)If a Korban is brought by partners, each one performs Semichah. Certain people do not perform Semichah for their Korbanos. These include women, children, slaves, people designated Halachically as fools, deaf-mutes and Nochrim (Menachos 93a). Semichah is not performed when offering a Korban on a Bamah (Zevachim 119b; see Background to Zevachim 101:37).

(d)The Gemara discusses whether Semichah involves pressing on the animal's head with all of one's strength, or just placing one's hands on the animal's head (Chagigah 16b). The conclusion is that one must press on the animal's head with all of one's strength (RAMBAM Hilchos Ma'aseh ha'Korbanos 3:13).

(e)If one does not perform Semichah on his Korban, the Korban remains valid (Menachos 93b).

11)[line 21]ממיריןMEMIRIN (TEMURAH)

(a)The Torah prohibits making a Temurah, which is a Chulin animal exchanged for an animal designated as a Korban in an attempt to transfer the Kedushas ha'Guf of the Korban onto a replacement Korban. The verse states, "Do not transfer or exchange it (an animal that has been designated as a Korban) [for another animal], neither a good animal for a bad one nor a bad one for a good one. If you do exchange an animal [of Kodesh] for another animal [that is not Kodesh], both the original animal and the one given in exchange for it will be Kodesh" (Vayikra 27:10). The CHINUCH explains that the reason for the prohibition of Temurah is to teach us the proper reverence that we must have for objects of Kedushah (SEFER HA'CHINUCH #351, #352). (For the definitions of and difference between Kedushas ha'Guf and Kedushas Damim, see Background to Chulin 139:6.)

(b)For example, the Mishnah (Temurah 26b) teaches that a person can make a Temurah by taking two animals, one of which was designated as a Korban, and saying "Zo Tachas Zo" - "This [animal] is instead of this [animal]" or "Zo Temuras Zo" - "This is in place of this" or "Zo Chalifas Zo" - "This is in exchange for this." The second animal, or the Temurah, is usually a valid Korban. If it has no Mum (blemish that invalidates it), it must also be offered on the Mizbe'ach (unless the original Korban was a Chatas or an Asham).

(c)A person who intentionally makes a Temurah receives Malkus (lashes). Sometimes, even if a person makes a Temurah b'Shogeg (unintentionally), he receives Malkus (see Chart to Temurah 17a). (For a discussion of the difference between Temurah and Chilul (redemption), see Background to Bava Metzia 57:2.)

12a)[line 26]תחלת הקדשTECHILAS HEKDESH- (lit. the beginning of sanctification) consecrating an animal as a sacrifice; i.e. Temurah

b)[line 26]סוף הקדשSOF HEKDESH- (lit. from the end of sanctification) Semichah, which is done after an animal is already Kadosh

2b----------------------------------------2b

13)[line 17]היודע לשמור תפליןHA'YODE'A LISHMOR TEFILIN- a child who is able to take care of his Tefilin; i.e. he is careful not to sleep or flatulate when wearing them

14a)[line 23]ראייהRE'IYAH (OLAS RE'IYAH)

Every Jewish male is required to appear before HaSh-m in the Azarah (courtyard) of the Beis ha'Mikdash and to bring a Korban Re'iyah on Pesach, Shavu'os and Sukos (Devarim 16:16). The Korban Re'iyah is a Korban Olah. If the Korban was not brought on the first day of the festival, it may be brought on any of the other six days of Pesach. On Sukos it may be brought on the first day or the next seven days. On Shavu'os it may be brought on Shavu'os or on the six days following the festival. Beis Hillel rules that the minimum amount that one must spend for a Korban Re'iyah is one Me'ah (Chagigah 2a).

b)[line 24]מי שחציו עבד וחציו בן חוריןMI SHE'CHETZYO EVED V'CHETZYO BEN CHORIN- a person who is part slave (Eved Kena'ani) and part free; e.g. a slave who had two owners and was freed by one of them

15a)[line 22]חיגרCHIGER- a lame person

b)[line 22]נתפשטNISPASHET- he was cured

16)[line 23]כולן תשלומין זה לזה / כולן תשלומין לראשוןKULAN TASHLUMIN ZEH LA'ZEH / KULAN TASHLUMIN LA'RISHON

(a)Every Jewish male is required to bring a Korban Re'iyah on the three festivals. If the Korban was not brought on the first day of the festival, it may be brought on any of the other six days of Pesach. On Sukos it may be brought on the first day or the next seven days and on Shavu'os it may be brought on Shavu'os or on the six days following the festival.

(b)The Amora'im argue as to whether the primary obligation is to bring the Korban on the first day of the festival. Those who rule as such consider the successive days as "Tashlumin" (compensation) for the first day ("Kulan Tashlumin la'Rishon"). Others rule that the obligation is to bring a Korban on any one of the days of the festival, not necessarily the first. Accordingly, the first day of the festival on which one is fit to bring a Korban is the day on which he is obligated. The successive days are "Tashlumin" for that day ("Kulan Tashlumin Zeh la'Zeh"). The practical difference that arises from this argument involves a person who was not fit to offer the Korban on the first day, but became fit on the second day (such as a lame person who became well or a blind person who regained his sight). According to the opinion that the successive days are Tashlumin for the first day, this person is exempt from his obligation since he was not fit to bring the Korban on the first day of the festival. According to the other opinion, he still has an obligation to bring it, because of the inherent obligation of the second day.

17)[line 28]"שנאמר "יראה יראהSHENE'EMAR "YIR'EH" "YERA'EH"- since it is written "YREH" which, in other places, is read "Yir'eh" ("He shall see"), but here is read "Yera'eh" ("He shall be seen") [and, consequently, we compare one to the other]

18a)[line 33]כאן במשנה ראשונהKAN BA'MISHNAH RISHONAH- this is following the ruling of the original Mishnah

b)[line 33]כאן במשנה אחרונהKAN BA'MISHNAH ACHARONAH- this is following the ruling of the later Mishnah (when Beis Hillel agreed to Beis Shamai)

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