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Previous daf Kerisus 22
We recommend using the textual changes suggested by the Bach, the Tzon
Kodshim and the parenthetical marginal notes of the Vilna Shas. This section
is devoted to any *OTHER* changes that we feel ought to be made in the
Gemara and Rashi)
 Gemara 22b [line 11]:
Should be corrected as suggested by Shitah Mekubetzes #4
 Gemara [line 19]:
Should be corrected as suggested by Shitah Mekubetzes #9, that Rashi's text
of the Gemara did not include from the words "v'Rebbi Akiva Savar Ein Hekesh
l'Mechetzah..." until "d'Gemiri Mitzvos Mitzvos Afkei me'Hekesha." (The
reason for this is that it is not a Hekesh, since the two laws were not
stated in the *same* verse. These lines also do not appear in Zevachim 48a.)
 Gemara [line 22]:
Should be corrected as suggested by Shitah Mekubetzes #11;
this is also
 Gemara [line 30]:
Should be corrected as suggested by Shitah Mekubetzes #16;
also be a colon following the words "v'Im Safek")
 Gemara [line 32]:
Should be corrected as suggested by Shitah Mekubetzes #17
 Rashi 22b DH Hanicha l'Man d'Darish:
The words "*Lo* Itzterich Hekesha"
should be "*d'Lo* Itzterich Hekesha"
1) [line 5] CHALAV MEHALCHEI SHTAYIM - human milk (see Insights)
2) [line 9] EIN CHALAV MEHALCHEI SHTAYIM TAMEI ELA TAHOR - human milk is not
forbidden; rather, it is permitted
3) [line 22] MISRAF SARIF - (O.F. humer - to suck in) it (the heart) draws
in [the blood after the Shechitah] (see Insights)
4) [line 23] DAM HAKAZAH SHEHA'NESHAMAH YOTZ'AH VO - the life-blood that is
let during the process of bloodletting. (Our Gemara explains which blood is
considered the life-blood. It does not mean that the loss of this blood
causes the person or animal to die; to the contrary, it is part of the
normal process of bloodletting. Rather, this blood is the same type of blood
as that which when let uncontrollably, causes the person or animal to die.)
5) [line 40] SIFRA - Toras Kohanim, one of the earliest commentaries on
Vayikra, which, when stated anonymously, follows the opinion of Rebbi
Yehudah b'Rebbi Ila'i. It is known as "Sifra d'Vei Rav," since: (a) students
of every *Beis Midrash* ("Bei Rav") were well-versed in it (as opposed to
the teachings of Rebbi Yishmael, which were known primarily by his personal
students -- RASHI to Chulin 66a); (b) it was written by the Amora named
*Rav* (circa 220 C.E.), who collected the Beraisa'os that it contains (SEDER
HA'DOROS citing the RAMBAM Hakdamah l'Zera'im, et al.)
6) [line 41] ME'ILAH
(a) It is forbidden to derive personal benefit from anything that is
Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha...
u'Nedarecha Asher Tidor" - "You may not eat in your settlements... and your
pledges [to Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos
Me'ilah 1:1-3). The minimum amount for which one transgresses this
prohibition is a Perutah's worth of benefit.
(b) If someone benefited from Hekdesh b'Mezid (intentionally), he is liable
to Malkus (according to the Rabanan; according to Rebbi he is liable to
Misah b'Yedei Shamayim - Sanhedrin 83a) and must pay to Hekdesh the amount
that he benefited. However, the object from which he benefited remains
(c) If someone benefited from Hekdesh b'Shogeg (unintentionally), the object
loses its Kedushah. He must bring a Korban Asham Me'ilos (as described in
Vayikra 5:15-16) and repay Hekdesh the value of his benefit plus an
additional *fifth* (of the ensuing total, or a *quarter* of the original
value). This is true of any object that has Kedushas Damim (i.e. its value
is consecrated to Hekdesh). An object that has Kedushas ha'Guf (i.e. an
object with intrinsic Kedushah, such as the utensils used in the Beis
ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as is")
does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).
(d) There are some objects of Hekdesh to which the laws of Me'ilah do not
apply ("Lo Mo'alin"), but which the Chachamim prohibited to use ("Lo
Nehenin"). They are classified in the category of "Lo Nehenim v'Lo Mo'alin."
7) [line 3] LEMEDIN ELYON MI'TACHTON
Lemedin Elyon mi'Tachton literally means we learn that which is above from
that which is below. We learn the laws of that which is stated in the upper
passage (Me'ilah, in the case of our Gemara) from what is stated in the
lower passage (Asham Taluy) if the lower passage begins with a "Vav" (the
*8*) [line 6] TZAFON B'VEN BAKAR, LO MISHKACHAS LEHU - the Torah states
(Vayikra 1:11) that if one brings a sheep as a Korban Olah, it must be
slaughtered in the northern half of the Azarah. In the previous passage
(Vayikra 1:5), when the verse discusses a *calf* that is brought as an Olah,
the verse does not mention that it must be slaughtered in the northern half
of the Azarah. Nevertheless, since the two passages are linked by a
connecting letter "Vav," we derive that the calf, too, must be slaughtered
in the northern half of the Azarah.
9) [line 13] B'MISAH (MISAH B'YEDEI SHAMAYIM)
(a) Some sins are so severe that they are punished with untimely death.
There are two types of untimely death that are used as heavenly punishments:
Kares and Misah b'Yedei Shamayim. Kares means "being severed" from the world
and dying before one's time. Misah b'Yedei Shamayim means "death at the
hands of heaven." These punishments are not administered by the courts, but
through divinely administered justice.
(b) One who deliberately transgresses a commandment that is punishable with
either Kares or Misah b'Yedei Shamayim is punished even if there are no
witnesses to his act, and even if he was not warned at that time of his
transgression that his violation will result in his untimely death.
(c) The commentaries explain that there are two major differences between
Kares and Misah b'Yedei Shamayim (see TOSFOS to Yevamos 2a DH Eshes Achiv;
RABEINU YONAH in Sha'arei Teshuvah, 3:6; TIFERES YISRAEL to Sanhedrin 9:6):
1. One who is punished with Kares will die before age 60 (according to Moed
Katan 28a, or before the age of 50, according to the Yerushalmi Bikurim
2:1). One punished with Misah b'Yedei Shamayim will die after the age of 60
but before his time has come (according to Moed Katan ibid., or before the
age of 60, according to the Yerushalmi ibid.)
(d) For a number of specific sins, the Torah assigns a form of Kares in
which the sinner not only dies before his time but is not granted a portion
in the World to Come (Sanhedrin 64b).
2. When one is punished with Kares, even his children (who are minors at the
time of his sin) die, and he bears no further children. When one is punished
with Misah b'Yedei Shamayim, only he is punished and not his children
(Yevamos 55a and RASHI there). (See, however, RIVA in Tosfos to Yevamos 2a
DH Eshes, who maintains that Kares only involves the death of one's children
in the two cases where the Torah adds the word "Ariri." However, he might be
referring to the death of children who are *not* minors.)
3. Some add that when punished with Kares, the sinner's cattle and
possessions slowly expire until he is left destitute -- see Insights to
10) [line 15] KEVU'AH (KORBAN CHATAS KEVU'AH)
(a) If a person transgresses a sin b'Shogeg (unintentionally) for which he
is liable to Kares b'Mezid (intentionally), he is liable to bring a Korban
Chatas. The Korban Chatas is a female goat or sheep. Since it is one of the
Kodshei Kodashim (the highest sanctity of sacrifices), it may only be
slaughtered in the northern part of the Azarah. Before its slaughter, the
owner presses his hands on the head of the animal (Semichah) and confesses
(b) The offering of the Chatas Behemah consists of five procedures:
1. SHECHITAH - Standing on the floor of the Azarah north of the Mizbe'ach,
the Kohen slaughters the animal, making sure to cut two Simanim (the trachea
and the esophagus).
(c) The Sheyarei ha'Dam (the remainder of the blood) is poured onto the
southern Yesod (foundation) of the Mizbe'ach ha'Chitzon. The Kohanim eat the
rest of the Chatas Behemah in the Azarah.
2. KABALAS HA'DAM - A Kohen catches the life-blood of the animal in a
utensil. The Eimurim (the fats and other parts of the Korban that are burned
on the Mizbe'ach) are removed from the animal.
3. HOLACHAH - The Kohen walks with the blood up to the top of the Mizbe'ach.
4. NESINAS HA'DAM - Using his finger, the Kohen applies some of the blood to
each of the four Keranos of the Mizbe'ach.
5. HAKTARAS HA'EIMURIM - The Eimurim are cast into the fire on the
(d) One always offers a female sheep or goat when one is obligated to bring
a Korban Chatas. As such, it is called a Korban "Kevu'ah," as opposed to the
Korban Oleh v'Yored (see next entry), which fluctuates based upon the means
of the penitent.
11) [line 15] OLEH V'YORED (KORBAN OLEH V'YORED)
There are certain fixed Korbanos, which do not depend on the financial
ability of the sinner. There are other transgressions, where the Korban
brought depends on the financial capability of the offender. If he has
sufficient funds he must bring an animal as his Korban. If he does not, he
may bring two doves or two pigeons. If he does not have even enough for two
birds then he may bring a meal offering.
(a) A person brings a Korban Oleh v'Yored to atone for sins in three
specific cases: Shevu'as ha'Edus (see Background to Kerisus 12:7), Tum'as
Mikdash v'Kodashav (see Background to Kerisus 2:10) and Shevu'as Bituy (see
Background to Shevuos 2:1).
(b) What constitutes a Korban Oleh v'Yored varies based on the means of the
penitent. If he is wealthy, he brings a female sheep or goat as his Korban
Chatas (Korban Ashir). If he cannot afford this, he brings two Torim or two
Benei Yonah, one as an Olah and one as a Chatas (Korban Oleh v'Yored
b'Dalus). If he cannot even afford the birds, he brings one tenth of an
Eifah of fine flour as a Minchas Chotei (Korban Oleh v'Yored b'Dalei Dalus).
(c) The Minchas Chotei is not mixed with oil, and Levonah (frankincense) is
not sprinkled on top of it (Vayikra 5:11). When a non-Kohen brings a Minchas
Chotei, a Kometz of the flour alone is burned on the Mizbe'ach and the
Kohanim receive the Shirayim (the rest of the flour, which they must eat
before the following sunrise -- RAMBAM Hilchos Ma'aseh ha'Korbanos 10:7).
12) [line 15] EIN GEZEIRAH SHAVAH L'MECHETZAH (GEZEIRAH SHAVAH)
(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 Gezeirah Shavah, which
is a Halachic device by which two similar words in the Torah from different
subjects teach that laws from one subject apply to the other.
(b) A sage may use the method of Gezeirah Shavah only if he received a
tradition from his teachers that a Gezeirah Shavah exists between the two
words. However, the comparison that he makes regarding *which* laws are
applied from one subject to the other may be his own, in the event that he
did not learn this directly from his teachers.
(c) MUFNEH MI'SHENEI TZEDADIM - If two similar words in the Torah are free
of any Derashah, they may be used unconditionally for the inference of a
Gezeirah Shavah between the two topics.
(d) MUFNEH MI'TZAD ECHAD - If only one of the words is free, there is a
Machlokes whether they may be used unconditionally for the inference of a
Gezeirah Shavah ("Lemedin v'Ein Meshivin"), or if they can only be used for
a Gezeirah Shavah if we have no logical argument against learning the
Gezeirah Shavah ("Lemedin u'Meshivin").
(e) EINO MUFNEH KOL IKAR - If both words are used for another Derashah,
there is a Machlokes whether they can only be used for a Gezeirah Shavah if
we have no logical argument not to learn the Gezeirah Shavah, or if they
cannot be used at all for a Gezeirah Shavah.
(f) If there are a few possible Halachos that the Gezeirah Shavah teaches,
we learn them all ("Ein Gezeirah Shavah l'Mechetzah"). We do not say that it
teaches us only one or two of the Halachos (unless we have an explicit
teaching that excludes a specific Halachah).
13) [line 19] ASHAM B'CHESEF SHEKALIM (ASHAM TALUY)
If a person is in doubt whether or not he committed a transgression for
which he must bring a Korban Chatas, he brings a Korban Asham Taluy, which
is a ram worth two Sela'im ("Shekalim" of the Torah; Vayikra 5:17-19). If he
later discovers that he did indeed sin, he must offer a Korban Chatas; the
Asham Taluy only provides temporary atonement during the period of doubt
(for further details, see Background to Kerisus 23:1).
14) [line 19] EIN HEKESH L'MECHETZAH
(a) One of the methods that Chazal use for extracting the Halachah from the
verses of the Torah is Hekesh, in which two subjects that are mentioned in a
verse are compared. If there are a few possible Halachos that the Hekesh
teaches, we learn them all ("Ein Hekesh l'Mechetzah"). We do not say that it
teaches us only one or two of the Halachos (unless we have an explicit
teaching that excludes a specific Halachah).
(b) Normal questions that can invalidate a Kal va'Chomer (see Background to
Avodah Zarah 46:22) or a Gezeirah Shavah (see previous entry) will not
invalidate a Hekesh ("Ein Meshivin Al ha'Hekesh").
(c) As recorded above (Girsa Section #2), the Shitah Mekubetzes #9 removes
most of lines 19-21, since the method of Hekesh does not apply to our Sugya.
15) [line 27] CHATAS BAS DANKA - [he can even bring] a Chatas that is worth
a Danka (a small Persian coin that has the value of a sixth of a Dinar)
16) [line 30] ASHAM SHIFCHAH CHARUFAH
(a) According to Rebbi Akiva (Kerisus 11a), a Shifchah Charufah is a Nochri
woman who is half Shifchah (maidservant) and half free (e.g. she was owned
by two partners and freed by one of them) who is Mekudeshes (betrothed) to a
Jewish slave. Since she is half Shifchah her Kidushin is not complete, and
if a man has relations with her they do not incur the death penalty. Rather,
the man brings a Korban "Asham Shifchah Charufah," whether he sinned b'Mezid
or b'Shogeg, and the Shifchah is punished with Malkus (Vayikra 19:20-22).
(b) Other Tana'im (ibid.) define Shifchah Charufah as a full-fledged
Shifchah who is married to either a Jewish slave (Rebbi Yishmael, see RASHI
to Yevamos 55b) or a Nochri slave (Acherim).
17) [line 34] CHATAS HA'OF (CHATAS HA'OF HA'BA'AH AL HA'SAFEK)
(a) It is prohibited to offer an animal as a sacrifice when its obligation
is in question, since it is possible that we will be slaughtering, offering,
or eating Chulin ba'Azarah.
(b) Unlike other Korbanos, a Chatas ha'Of is not slaughtered nor is it
offered on the Mizbe'ach. Instead, Melikah is performed upon it and its
blood is sprinkled on the Mizbe'ach. Therefore, it may be offered (but not
eaten) even when its obligation is not certain. For example, if it is
unclear whether a woman gave birth to a fully formed child or not, she may
bring, out of doubt, a bird as a Chatas in order to permit her to eat
Kodshim. The bird, however, is not eaten.