[12a - 23 lines; 12b - 43 lines]

1)[line 5]לדיןL'DIN- following the judgment [that had been passed on Rosh Hashanah]

2a)[line 7]ברותחין קלקלוB'ROSCHIN KILKELU- they sinned with hot liquid (i.e., semen) [when engaging in illegitimate relations, as the verse states, "... for all of flesh had perverted their ways upon the earth" (Bereishis 6:12)]

b)[line 8]ברותחין קלקלוUV'ROSCHIN NIDONU- and their judgment was served with boiling rain

3)[line 9]"וישכו המים""VA'YASHOKU HA'MAYIM."- "[... and G-d caused a wind to pass over the earth,] and the water abated" (Bereishis 8:1)

4)[line 10]"ויתלו את המן על העץ אשר הכין למרדכי וחמת המלך שככה""VA'YISLU ES HAMAN AL HA'ETZ ASHER HECHIN L'MORDECHAI V'CHAMAS HA'MELECH SHACHACHAH" - "So they hanged Haman on the gallows that he had prepared for Mordechai and the king's anger abated" (Esther 7:10). (HAMAN MEETS HIS END)

(a)Haman, once the most trusted advisor of King Achashverosh, slowly began to fall out of royal favor from the time that he was invited along with the king to Esther's banquet. The final straw was when Achashverosh saw Haman on the couch upon which Esther was lying (after he was pushed by a Mal'ach).

(b)At that moment, Charvonah, one of the king's officers, notified Achashverosh that Haman had prepared a tall gallows upon which to hang Mordechai, who had saved the king's life. Achashverosh ordered that Haman be hanged upon those very gallows.

5a)[line 11]מונין למבול כרבי אליעזרMONIN LA'MABUL K'REBBI ELIEZER- reckon the years of the Mabul [-- and by extension, the calendar year - from the month of Tishrei] according to the opinion of Rebbi Eliezer. Although they rule that the world was created in Nisan, as is clear from the second half of this statement, the first of Tishrei is when the year changes over. Thus, year 2 began six months following the creation of the world.

b)[line 11]ולתקופה כרבי יהושעVELA'TEKUFAH K'REBBI YEHOSHUA- and the solstices, equinoxes, [and timing of the new moon from the month of Nisan] according to the opinion of Rebbi Yehoshua [since that was when the world was created]

6)[line 15]מעשרירקM A'ASER YEREK (SEDER TERUMOS U'MA'ASROS)

(a)After a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Although the Torah does not specify an amount that must be given, the Rabanan set the requirement at between one fortieth and one sixtieth of the total crop.

(b)Once Terumah has been separated from the produce, the first tithe must be separated. One tenth of the remaining produce is given to a Levi; this is known as Ma'aser Rishon. The Levi, in turn, must separate one tenth of his Ma'aser Rishon and give it to a Kohen (Bamidbar 18:26). This is called Terumas Ma'aser.

(c)Once Terumah Gedolah and Ma'aser Rishon have been separated from the crop, it is time to separate the second tithe. In the third and sixth years of the seven-year Shemitah cycle this tithe is called Ma'aser Ani, and it is given to the poor.

(d)During the first, second, fourth and fifth years of the seven-year Shemitah cycle, the second tithe is called Ma'aser Sheni. Ma'aser Sheni must be brought to Yerushalayim and eaten there while one is in a state of purity (Devarim 13:22-28).

(e)If it is impractical to bring the actual food to Yerushalayim, Ma'aser Sheni produce may be redeemed with money. This money receives the status of Ma'aser Sheni, and is then brought to Yerushalayim. In Yerushalayim the money is used to buy food, which in turn receives the Kedushah of Ma'aser Sheni and must be eaten b'Taharah in Yerushalayim.

(f)Until Terumah and Ma'asros have been properly separated, the produce is termed "Tevel" and may not be eaten. The word "Tevel" means a mixture, and can be used to refer to any produce from which one must separate a part. If one intentionally eats Tevel, then he receives Misah b'Yedei Shamayim (see Background to Sukah 25:25).

(g)Mid'Oraisa, one need only separate Terumos and Ma'asros from the five species of grain (wheat, barley, spelt, oats, and rye), grapes, and olives. The Rabanan, however, instituted that one must separate Terumos and Ma'asros from all edible produce.

(h)Produce does not attain the status of Tevel until it reaches a certain point; see below, entry #11.

7a)[line 15]דרבנןD'RABANAN- [the obligation to separate Ma'aser from vegetables, which is] Rabbinic in origin

b)[line 16]דאורייתאD'ORAISA- [the obligation to separate Ma'aser from grain, grapes, and olives, which is] Biblical in origin

8)[line 17]איידי דחביבא ליה אקדמהAIDI D'CHAVIVA LEI AKDEMAH- since [the obligation to separate Ma'aser from vegetables] is especially cherished [due to that which it is mid'Rabanan, the Tana] taught it first

9)[line 18]וליתני מעשר?V'LISNI MA'ASER?- why [does the author of the Beraisa] not teach "Ma'aser" [in the singular]?

10)[line 19]מעשר בהמהMA'ASAR BEHEMAH

(a)Once a year, one must designate every tenth Kosher animal born into his herd/flock over the course of the previous year as Ma'asar Behemah (Vayikra 27:32). This is accomplished by gathering all of each type of animal born in the previous year into a corral. They are then made to leave the corral in a single-file line through a narrow opening. Their owner stands by and counts them, marking every tenth one.

(b)Animals designated as Ma'asar Behemah are eaten by their owner. If they are unblemished, they are offered as a Korban Shelamim (see Background to 6:10) and eaten by their owner in Yerushalayim. If they have a Mum, their owner may slaughter and eat them as he would any Kosher animal.

(c)Animals born in different years may not be grouped together for the purpose of being counted for Ma'asar Behemah. According to the Tana of this Beraisa, the year changes with respect to Ma'asar Behemah on the first of Tishrei (Rosh Hashanah), which is the opinion of Rebbi Elazar and Rebbi Shimon in our Mishnah (2a).

11)[line 20]ירק הנאגד משיאגדYEREK HA'NE'EGAD MISHE'YE'AGED (KOVE'A L'MA'ASER)

(a)According to Torah Law, one is required to tithe his grain (see above, entry #6) only after he harvests it in a normal manner. This includes removing the chaff in the field, piling the grain there, and afterwards bringing it through the front door of his house (Berachos 35b). It is then Hukba l'Ma'aser (designated for tithing).

(b)If one of these steps is missing, the produce still may not be eaten mid'Rabanan until Terumos and Ma'asros are separated. The Rabanan did not prohibit eating such produce, however, in an irregular fashion (Achilas Ara'i). Achilas Ara'i includes such situations as eating the produce as a snack while it is still in the field and feeding it to one's livestock. Once it is Hukba l'Ma'aser, however, one may not eat even b'Achilas Ara'i before tithes are separated.

(c)Seven actions can designate produce as Hukba l'Ma'aser:

1.pickling it

2.dipping it in salt

3.heating it as the beginning of the process to prepare it to be eaten

4.designating it to be eaten on Shabbos (as well as any food consumed on Shabbos)

5.separating Terumah from it

6.bringing it into one's yard

7.bringing it to the market in order to sell it

(d)Another factor involved in whether or not produce is Hukba l'Ma'aser is whether or not it has reached the stage of "Nigmerah Melachto." This refers to the point at which no more processing is necessary. Examples of this include wheat that has been winnowed and smoothed in a pile in a silo (Miru'ach) and grapes that have been pressed in order to make wine. Produce is Hukba l'Ma'aser when it arrives in one's courtyard or house only once it has reached the stage of Nigmerah Melachto. Whether or not this is true of the other categories listed above is a subject of discussion among Tana'im and Amora'im.

(e)Our Gemara explains that regarding vegetables that are generally tied in bundles, the stage of Nigmerah Melachto is reached at the point that they are bundled.

12a)[last line]עד שלא תבא השמשAD SHE'LO TAVO HA'SHEMESH- before the sun sets

12b----------------------------------------12b

b)[line 1]משתבא השמשMISHE'TAVO HA'SHEMESH- after the sun has set [and it is picked by a Nochri (YERUSHALMI, cited by TOSFOS DH mishe'Tavo)

13)[line 3]שניהSHENIYAH- the second [year of the Shemitah cycle]

14)[line 5]תכלהSECHALEH- you have finished

15)[line 9]מעשראחדM A'ASER ECHAD- one [of the two] Ma'aser[os that had been separated in the previous year]

16)[line 19]"ובא הלוי...""U'VA HA'LEVI..."- "And the Levi shall come, [for he has no portion or inheritance with you...]" (Devarim 14:29) - This verse is written regarding the prohibition against leaving Ma'aser in one's house for longer than three years (Bi'ur Ma'asros).

17)[line 27]המודר הנאה מחבירוHA'MUDAR HANA'AH ME'CHAVEIRO- one who may not derive benefit from the property of another as a result of a vow made by that other

18)[line 32]לצעוריה נפשיה קבילעליהL 'TZE'UREI NAFSHEI KABIL ALEI- the intention of his vow was to cause him distress

19)[line 33]בנדרים הלך אחר לשון בני אדםBI'NEDARIM HALECH ACHAR LESHON BNEI ADAM

(a)If there are two possible ways to understand the wording of a vow, it is interpreted according to the vernacular. If the term used has no colloquial meaning, it is interpreted according to what the Torah implies with such a term.

(b)Although our Mishnah lists different dates which serve as the new year for various Halachos, there is no question as to which one is implied when the term "Rosh Hashanah" is used in conversation. Therefore, one who vows that another shall receive no benefit from his possessions for that year clearly intends for that vow to be in effect only until the first of Tishrei.

20)[line 34]התלתן משתצמחTILTAN MISHE'TITZMACH- (O.F. fenogre) fenugreek (a plant in the pea family whose seeds are used in curry production and for medicinal purposes) [is considered to belong to the year] in which it grows [for Ma'aser purposes]

21)[line 35]התבואהHA'TEVU'AH- (a) grain and grapes (RASHI); (b) grain (TOSFOS DH ha'Tevu'ah)

22)[line 35]משיביאו שלישMISHE'YAVI'U SHLISH- [belong to the year] in which they have grown (a) one third [of their potential growth (RASHI)]; (b) [to the extent that they can produce] one third [of the flour, oil, or wine that they would have had they been left to mature fully (BARTENURA Ma'asros 1:3) for Ma'aser purposes]

23)[line 36]משתצמח לזרעיםMISHE'TITZMACH LI'ZERA'IM- from when it has grown to the point that (a) seeds are growing inside of it (RASHI); (b) its seeds will grow if planted (TOSFOS DH mishe'Tiztmach ,RABEINU CHANANEL, RAMBAM Hilchos Ma'aser 2:5)

24)[line 38]ומטו בהMATU BAH- leaned toward [quoting] it

25)[line 39]מקץM I'KETZ- at the end of

26)[line 40]" קץ שבע שנים במועד שנת השמטה בחג הסכות""MIKEITZ SHEVA SHANIM B'MO'ED SHNAS HA'SHEMITAH B'CHAG HA'SUKOS" - "At the end of the seven-year cycle on Yom Tov of the Shemitah year, on the festival of Sukos." (Devarim 31:10-12) (THE MITZVAH OF HAKHEL)

See Background to Eruvin 27:4.

27)[line 40]שנת השמטהSHNAS HA'SHEMITAH

See Background to 2:4.

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