BACKGROUND TO THE DAILY DAF
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[69a - 47 lines; 69b - 28 lines]
1) [line 1] LA'MIZBE'ACH KA AMRINAN - Bikurim with regard to the Shtei ha'Lechem connotes the first fruits of wheat of the year (and wheat from a different crop that took root after last year's Omer and before last year's Shtei ha'Lechem will not be permitted to be brought for this year's Omer, since the two crops grew in the same year, even though they come from two different crops)
2) [line 2] V'HA ACHIL LAH MIZBE'ACH MI'PEIREI D'HA SHATA - and the Mizbe'ach will have "eaten" (the Korban ha'Omer) from the fruits (the wheat) of this year
3a) [line 3] HANATZAH SHARYA - [when the Shtei ha'Lechem permit fruits of Bikurim to be brought in the Korbanos of the Beis ha'Mikdash, e.g. wine for Nesachim,] do they permit [fruits that have had] Hanatzah (the first emergence of the fruit after the flower falls off) [before the Shtei ha'Lechem have been brought]? (RASHI)
b) [line 4] CHANATAH SHARYEI - [or] do they only permit fruits that have reached the stage of Chanatah (he first growth of the fruit after Hanatzah) (RASHI)
4) [line 6] HANATZAH D'ALEH V'CHANATAH D'ALEH - the first emergence of the leaf or the first growth of the leaf
5) [line 13] D'CHATZDINHU V'ZAR'INHU KODEM LA'OMER - that one reaped them [some time after last year's Omer] and planted them (and they did not take root) before this year's Omer
6) [line 14] CHALIF ALAIHU - [this year's Omer] passed them by
7) [line 15] LI'NEKUTEI - to take them [out of the earth]
8) [line 15] K'MAN D'SHADYA B'CHADA DAMYA - are they similar to wheat kernels that were stored in a container
9) [line 17] ONA'AH
If a person makes a profit of one sixth of the total value on an item that he sells, without the purchaser's knowledge, the transaction is valid, but the seller must return the profit to the purchaser. If the profit is less than one sixth, nothing is returned. If the profit is more than one sixth, the sale is invalid even if the profit is returned.
10) [line 18] D'AMAR LEI SHADA'I BAH SHITA - that he says "I planted it (a field) with six [Kor of produce]"
11) [line 19] V'ASU SAHADEI - and witnesses came [and testified]
12) [line 20] KOL DAVAR SHEB'MIDAH VESHEB'MISHKAL VESHEB'MINYAN AFILU PACHOS MI'CHEDEI ONA'AH CHOZER - anything that [when it is sold it] is measured, weighed, or counted, even if the overpayment or underpayment is less than a sixth, either party may retract
13) [line 26] NISHBA'IN ALEIHEN (SHEVU'AH: EIN NISHBA'IN AL SHTAR SHI'ABUD KARKA'OS)
Karka (land) is different from Metaltelin (chattels) with regard to Dinei Mamonos (laws of monetary claims). One difference is that regarding land, no Shevu'os d'Oraisa are taken, such as Shevu'as Ed Echad (see Background to 31:23), Shevu'as Modeh b'Miktzas ha'Ta'anah (see Background to Shevuos 31:7b) and Shevu'os ha'Shomrim (see Background to Bava Basra 70:6).
14) [line 30] GELALEI VAKAR - bull manure
15) [line 31] LI'TEMUYEI TUM'AS OCHLIN
(a) All objects belong to one of three categories:
1. Sources of Tum'ah
2. Objects that can become Tamei
3. Objects that cannot become Tamei
(b) All sources of Tum'ah are called Av ha'Tum'ah, except for a corpse, which can generate more Tum'ah than any other object and is therefore referred to as the "Avi Avos ha'Tum'ah." When one object makes another object Tamei, the second object has a weaker Tum'ah than the first. If something becomes Tamei from an Av, it is called a Rishon l'Tum'ah, or Velad ha'Tum'ah. A Rishon makes a Sheni l'Tum'ah, a Sheni makes a Shelishi (in certain cases), etc.
(c) Liquids are an exception to this rule. The Chachamim decreed that liquids should always be a Rishon, even if touched by a Sheni. The seven Halachic liquids are listed below, (f).
(d) A Sheni l'Tum'ah cannot make Chulin Tamei mid'Oraisa. Even mid'Rabanan, there is no such thing as Shelishi L'Tum'ah with regard to Chulin. Terumah, however, can become a Shelishi L'Tum'ah. (Also, if someone guarded his Chulin from Tum'ah as one normally guards Terumah, it is called "Chulin she'Na'asu Al Taharas Terumah," and can become a Shelishi.)
(e) Terumah that is a Shelishi l'Tum'ah cannot make other Terumah Tamei. However, it may not be eaten. It is referred to as "Pasul" (invalid) rather than "Tamei." Kodesh (objects associated with the sacrifices) that is touched by a Shelishi l'Tum'ah can become a Revi'i. A Revi'i of Kodesh is also called "Pasul."
(f) All foods become Tamei if they touch a source of Tum'ah, but only after they first become wet. From then on, even after they dry, they can still become Tamei. Seven liquids can enable foods to become Tamei: water, dew, oil, wine, milk, blood, and bee's honey. The minimum amount of food that can become Tamei is a k'Beitzah. The modern equivalent of a Beitzah is 0.05, 0.0576 or 0.1 liter, depending upon the differing Halachic opinions.
(g) In order for something edible to receive Tum'as Ochlin, it has to be considered food. A person's intention to eat the item and treat it as a food gives it the status of a food and it can receive Tum'as Ochlin. Once food becomes Tamei, it cannot become Tahor by immersing it in a Mikvah.
16) [line 32] RE'I VAKAR - (same as entry #14)
17a) [line 36] HAKRIVEHU NA L'FECHASECHA HA'YIRTZECHA O HA'YISA FANECHA..." - "[And if you offer a blind [animal] as a sacrifice, is this not evil? And if you offer a lame or a sick [animal], is this not evil?] Try to offer it to your governor, will he be pleased with you, or will he find favor in you? ..." (Malachi 1:8)
b) [line 36] HAKRIVEHU NA L'FECHASECHA HA'YIRTZECHA O HA'YISA FANECHA
Any object that is vile or not as faultless as is possible, such that one would not present it to mortal rulers or officials, is unfit to offer as a sacrifice to HaSh-m. The Navi challenges Benei Yisrael that they would never bring to mortal rulers the disgusting animals that they used as Korbanos (Malachi 1:8).
18) [line 39] ME'ISUSA - [because of] loathsomeness
19) [line 39] AZDA LI'ME'ISUSAIHU - their loathsomeness has gone
20) [line 40] KECHISHUSA - the weakening [of the ability of the grains to grow, once they have been partially digested by the animal]
21) [line 42] PIL - an elephant
22) [line 42] KEFIFAH MITZRIS - a basket made strips of willow bark or small willow branches
23) [line 42] HEKI'AH DERECH BEIS HA'RE'I - it expelled it (excreted it) through its rectum
24) [line 44] KOL HA'KELIM YORDIN L'YDEI TUM'ASAN B'MACHSHAVAH, V'EIN OLIN MI'TUM'ASAN ELA B'SHINUY MA'ASEH
(a) A utensil is considered ready to receive Tum'ah only after it is completely finished. If the artisan only decided that the utensil needs no more work, it is considered complete and may become Tamei. If the artisan decides to do more work on the utensil, it remains Tamei until an action is performed on the utensil that makes his intention clear.
(b) The action that must be performed to change the status of a utensil must be an action that renders the utensil unfit for its original purpose. For example, if a tanner decided to use a hide as a rug, it may become Tamei from that moment on. If he then changes his mind and decides to make shoes out of it, it remains in its current status until he begins to cut the hide for shoes.
25) [last line] BALA HUTZIN - it swallowed palm leaves (the individual leaves of the palm frond, from which baskets and the like are woven)
26) [last line] AVDINHU - and a person made it (wove it) [into a Kefifah Mitzris]
27) [last line] IKUL - digestion
28a) [line 1] KLEI GELALIM - utensils made from manure
b) [line 1] KLEI ADAMAH - (a) utensils made from ground stone (RASHI, cited by TOSFOS); (b) Kelei Cheres (earthenware utensils) that were baked in the sun but not fired in a kiln (RASHI to Shabbos16b, to Yoma 2a, TOSFOS here DH Kelei)
c) [line 1] EIN MEKABLIN TUM'AH - they do not become Tamei (KELEI GELALIM / ADAMAH / AVANIM: TUM'AH)
(a) Kelei Gelalim, Kelei Adamah and Kelei Avanim cannot become Tamei with Tum'as Maga or Masa mid'Oraisa or mid'Rabanan (RAMBAM Hilchos Kelim 1:6 -- the Rambam also adds Tum'as Medras). The SIFREI (Chukas 126) learns from the verses (Bamidbar 19:16, 31:19-22) that only clothing, leather utensils, sacks made from goat hair, wooden utensils, metal utensils, earthenware utensils and people can become Tamei.
(b) The Sifrei teaches that any other types of utensils are excluded from the verse "Hu Yischatei Vo..." - "He shall be sprinkled with it..." (Bamidbar 19:12); those utensils that can be sprinkled can become Temei'im. Other types of utensils do not become Temei'im. According to the RASHBAM (to Vayikra 11:32) these utensils are explicitly excluded from the verse "mi'Kol Keli Etz..." - "from all types of wooden utensils..." and not Kelei Avanim or Kelei Adamah.
29) [line 2] KLEI AVANIM - stone utensils
30) [line 6] ZE'EVIM - wolves
31) [line 7] EVER HA'YARDEN - the east bank of the Yarden River
32) [line 8] TIHARU ES HA'BASAR - the Chachamim ruled that the meat of the bodies was Tahor
33) [line 8] D'RACHICH - since it is soft
34) [line 10] D'AKUSHEI TEFEI - they are extremely hard
35) [line 10] AVIM - clouds
36) [line 16] KED'ADI TAIYA - Adi, the merchant
37) [line 16] NECHISA LEI RUM KIZVA CHITEI BI'TELASA PARSEI - there fell down for him from the sky, one-Tefach's-height of seed over an area of three square Parsa'os
38) [line 17] SHIBOLES - a grain stalk
39) [line 18] SHE'HEVI'AH SHELISH - that grew to a Shelish (that has reached one third of its full growth)
40) [line 18] AKRAH - he uprooted it
41) [line 18] SHASLAH - he transplanted it
42) [line 19] HOSIFAH - it grew additionally
43) [line 22] YALDAH - a fruit tree that is less than three years old, the fruits of which are prohibited because of Orlah (see below, entry #45)
44a) [line 23] SHE'SIBCHAH - that a person grafted one of its [fruit-laden] branches [onto another tree]
b) [line 23] ZEKENAH - a fruit tree that is at least three years old, the fruits of which are permitted
45) [line 23] U'VAH PEIROS - and on it (the branch of the Yaldah) were fruits (ORLAH)
(a) In the first three years after a fruit tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.
(b) If a person eats a k'Zayis of Orlah fruit, he receives Malkus. If he derives benefit from Orlah (or any other food that is Asur b'Hana'ah), according to most Rishonim he is punished with Malkus (TOSFOS Chulin 120a DH Ela), while according to others, he is only punished with Makas Mardus, a Rabbinic institution of Malkus. (RAMBAM Hilchos Ma'achalos Asuros 8:16 -- see also Mishneh l'Melech to Hilchos Yesodei ha'Torah 5:8)
(c) Although it is forbidden to benefit from fruits of Orlah, if one transgresses and sells the fruits, the money that he receives in return is not forbidden, as our Gemara teaches.
46) [line 23] AFILU HOSIF B'MASAYIM ASUR - even if it grew two hundred parts of its growth on the Zekeinah (ORLAH: BITUL B'MASAYIM)
(a) See previous entry.
(b) If Orlah or Kil'ei ha'Kerem falls into or is otherwise mixed with permitted food and there were 200 parts of permitted food to one part Orlah, the entire mixture is permitted to be eaten. If it falls into or is otherwise mixed with less than 200 parts of permitted food, the entire mixture is prohibited. (RAMBAM Hilchos Ma'achalos Asuros 15:14)
47) [line 24] BATZAL - an onion
48) [line 24] SHE'SHASLO B'CHEREM (KIL'EI HA'KEREM)
(a) The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Many different types of forbidden mixtures can be referred to by the term "Kil'ayim." Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem, Kil'ei Zera'im and Harkavas ha'Ilan. Two types of Kil'ayim apply to animals: Harba'ah, and Charishah b'Shor va'Chamor. One type of Kil'ayim applies to clothing: Sha'atnez. (It is also prohibited to cook meat and milk together, but this is not referred to as "Kil'ayim.") Our Gemara refers to Kil'ei ha'Kerem. Of the many different types of Kil'ayim, only Kil'ei ha'Kerem is Asur b'Hana'ah.
(b) Kil'ei ha'Kerem refers to the prohibition of sowing vegetables or grains in a vineyard, as the Torah states, "Lo Sizra Karmecha Kil'ayim, Pen Tikdash ha'Melei'ah ha'Zera Asher Tizra u'Sevu'as ha'Karem" - "You shall not sow your vineyard with other species, lest the fruit of the seed which you have sown, and the fruit of the vineyard, be forfeited" (Devarim 22:9). According to some Tana'im, even if one finds other crops growing in his vineyard and does not remove them, he transgresses this prohibition (Makos 21b). One who intentionally transgresses this prohibition is liable to receive Malkus. (See Background to Bava Basra 36:4.)
(c) The grapevines and the vegetables or grains that grow in a vineyard that has been planted with Kil'ei ha'Kerem are prohibited to be eaten. They must be burned, as the Torah states, "Pen Tikdash ha'Melei'ah...," which the Gemara translates as, "lest the produce (of that vineyard) have to be burned ('Tukad Esh')" (RAMBAM Hilchos Kil'ayim 5:7).
(d) If Orlah or Kil'ei ha'Kerem falls into or is otherwise mixed with permitted food and there were 200 parts of permitted food to one part Orlah, the entire mixture is permitted to be eaten. If it falls into or is otherwise mixed with less than 200 parts of permitted food, the entire mixture is prohibited. (RAMBAM Hilchos Ma'achalos Asuros 15:14)
49) [last line] MA'ASER
See Background to Menachos 66:20.
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