PESACHIM 25 (8 Av) - Dedicated l'Iluy Nishmas Mrs. Lily (Leah bas Pinchas) Kornfeld, who passed away on 8 Av 5765, by her daughter and son-in-law, Diane and Andy Koenigsberg and family. May Lily and her husband's love for Torah and for Eretz Yisrael continue in all of their descendants.

[25a - 42 lines; 25b - 34 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] Gemara 25a [line 18]:

The words "Ikaran Ne'esarin" עיקרן נאסרין

should be "Ikaran Ne'esar" עיקרן נאסר

This is the Girsa in Dikdukei Sofrim #6. It is also Rashi's Girsa.

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1)[line 1]שעת הכושרSHE'AS HA'KOSHER- a time when it was permitted

2)[line 18]עיקרן (נאסרין) [נאסר]IKARAN (NE'ESARIN) [NE'ESAR]- the original plantling becomes forbidden once it takes root (RASHI here and to Chulin 116a)

3)[line 20]עציץ נקובATZITZ NAKUV- [wheat planted in] a flowerpot with a drainage hole (which receives sustenance from the ground underneath)

4)[line 25]מעצי אשירהATZEI ASHEIRAH- wood from a tree that has been worshipped as an Avodah Zarah. (Asheirah was a popular fertility goddess in the Near East. She is identified with Astarte (Ashtaros) and Aphrodite.)

25b----------------------------------------25b

5)[line 4]נערה המאורסהNA'ARAH HA'ME'URASAH

(a)If someone lives with a married woman after not heeding the warning of two witnesses, he is put to death by Chenek (choking), as it states in the Torah (Devarim 22:22).

(b)However, in one instance the Torah prescribes a different punishment, as it states in Devarim 22:23-24. If the woman was a Na'arah Besulah Me'urasah (a virgin, during the first six months after reaching her physical maturity (Na'arus), who has been betrothed through Eirusin (Kidushin) but not Nisu'in — i.e. she has not moved into her husband's house yet), he is put to death by Sekilah (stoning).

(c)A person who sees a man raping a Na'arah ha'Me'urasah — or any married woman, or any of the other Arayos, forbidden relations — is permitted by the Torah to kill the rapist in order to stop him, if it is not possible to stop him in another way. This Halachah is learned from the verse, "v'Hi Tza'akah v'Ein Moshi'a Lah" (Devarim 22:27), which implies that it is permitted to save a Na'arah ha'Me'urasah even by killing the rapist.

6)[line 11]מרי דוראיMAREI DURA'I- the ruler of my village

7a)[line 13]מאי חזיתMAI CHAZIS- for what reason did you presume

b)[line 13]דדמא דידך סומק טפי?D'DAMA DIDACH SUMAK TEFEI?- that your blood is redder than his (i.e. that your life is more precious than his)?

8)[line 16]דשייףD'SHAYIF- that he was smearing

9)[line 16]בגוהרקיGUHARKEI- undeveloped olives

10)[line 18]אישתא צמירתאESHATA TZEMIRTA- (O.F. maleveid) a fever which heats and burns the body

11)[line 22]אפשר וקא מיכויןEFSHAR V'KA MICHAVEN- it is possible for him to refrain from having benefit or deriving pleasure yet he has full intent to benefit or derive pleasure

12)[line 26]דבר שאין מתכוין אסורDAVAR SHE'EIN MISKAVEN ASUR

(a)A Davar she'Eino Miskavein is an act which is done for a certain purpose (which can be accomplished without transgressing an Isur Torah), but which may result in an Isur Torah being inadvertently performed. Rebbi Yehudah prohibits performing such an action, since it may result in an Isur Torah. Rebbi Shimon disagrees, claiming that even though an Isur Torah may result from this action, since the Isur Torah will come about without intent, the action is permitted.

(b)The laws of a Davar she'Eino Miskaven (that it is permitted according to Rebbi Shimon or forbidden according to Rebbi Yehudah) apply only when it is not inevitable that an Isur Torah will occur as a result of one's action. However, when an Isur Torah will definitely occur as a result of one's action, it is known as a Pesik Reshei and is forbidden. For example, if a person cut the head off of a chicken on Shabbos and states that he had no intention to kill the animal but he merely wanted its blood to feed to his dogs, it is considered as though he had full intention to kill the animal since it was an inevitable outcome of his act, and he is Chayav.

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