[46a - 52 lines; 46b - 39 lines]
1)[line 1]גופא לא קני ליהGUFA LO KANI LEI- his body is not owned by [his Nochri master]
2)[line 3]אפקעיה לשעבודיהAFKE'EI L'SHIBUDA- he has thrown off his bond [of servitude]
3)[line 4]הקדש חמץ ושחרור מפקיעין מידי שעבודHEKDESH, CHAMETZ, V'SHICHRUR MAFKI'IN MI'YEDEI SHIBUD
(a)Should one designate a possession or piece of real estate as security for a loan or other debt, a Shibud (lien) is created on that object. If the time comes for the debt to be repaid and the debtor cannot come up with the funds, then his creditor may collect his debt from the security. Such a security is termed an "Apotiki" (this is a contraction of "Apo Tehei Ka'i" - "from this shall the collection be").
(b)The Shibud held by a creditor on an Apotiki is removed in each of the following three instances:
1.If the Apotiki is an animal, and its owner sanctifies it as a Korban. Since the animal receives Kedushas ha'Guf (intrinsic sanctity; see Background to Beitzah 39:4), that sanctity is strong enough to remove the lien. If the Kedushah is merely Kedushas Damim (extrinsic sanctity; see ibid.), then it is not strong enough to throw off the Shibud (RASHI; see, however, RAMBAM Hilchos Erchin 7:14);
2.If the Apotiki is Chametz, it was made a security for a debt to a Nochri, and the sixth hour of Erev Pesach arrives. At that time the Jew is forbidden to derive any benefit from it, and this status removes the Shibud;
3.If the Apotiki is a Nochri slave, and his owner frees him. Since this action grants the former slave the status of a free Jew, he is no longer subject to the lien of the creditor.
4)[line 6]לפניהL'FANEHA- (a) before she [converted] (RASHI); (b) in front of her [as she watched] (RIF, cited by TOSFOS CHAD ME'KAMA'I)
5)[line 8]לאחריה לאL'ACHAREHA LO- [but had they done so] (a) after she [converted] (RASHI); (b) when she was unable to see them (RIF, cited by TOSFOS CHAD ME'KAMA'I), then [the conversion would] not [be valid]. This case is comparable to that discussed earlier, since Beluria as a Jewess owned precisely what she had owned when she was a Nochris before she was able to take full possession of her slaves.
6)[line 9]בסתםBI'STAM- it was left unspecified [that the immersion was for the purposes of conversion]
7)[line 11]לא שנוLO SHANU- [that which one does not fully own a Nochri when he purchases him from another Nochri] was not taught
8)[line 12]עובד כוכבים גופיהOVED KOCHAVIM GUFEI- [if] a Nochri [sells] himself [as a slave]
9)[line 13]"וגם מבני התושבים הגרים עמכם מהם תקנו...""V'GAM MI'BNEI HA'TOSHAVIM HA'GARIM IMACHEM, ME'HEM TIKNU..."- "And also from the offspring of the residents who dwell among you, of them you may buy...." (Vayikra 25:45)
10)[line 15]ולא הם קונים מכם... למאיV'LO HEM KONIM MI'KEM L'MAI?- to what situation does the statement "they may not acquire [slaves] of you" apply?
11)[line 17]"[וכי תשיג יד גר ותושב עמך ומך אחיך עמו ונמכר לגר תושב עמך] או לעקר משפחת גר""O L'EKER MISHPACHAS GER"- "[And should a resident foreigner become rich when he dwells near you, and your brother who dwells near him becomes poor and sells himself to that resident foreigner who dwells near you,] or to the Eker of the foreigner's family." (Vayikra 25:47) - "Eker" - "uproot" - refers to an idol, since idols are "Sofo le'Aker" - destined to be uprooted. This verse appears in the Parshah obligating one to redeem a fellow Jew who has been sold to either a Nochri or into the service of an idol.
12)[line 19]בכספא ובטבילהB'CHASPA UVI'TEVILAH- [the way in which it is possible to fully acquire a Nochri slave from a Nochri as implied by the verse is only] through [first paying] money (which establishes a Shibud forcing him to work for the Jew) and [then subsequent] immersion in a Mikvah (thereby rendering him a fully owned Eved Kena'ani)
13)[line 20]לתקפו במיםL'SAKFO B'MAYIM- to seize him in the water; i.e., to demonstrate that he is indeed a slave while he is still immersed in the Mikvah [so that it is impossible for him to claim that his Tevilah was for the purposes of full conversion]
14)[line 20]בעא לאטבוליBA'A L'ATBULEI- he wished to immerse him [for the sake of turning him into an Eved Kena'ani]
15)[line 20]מסריה ניהלייהוMASREI NIHALAIHU- he handed him over to them
16)[line 21]חזו דמינייכו קבעיתליהC HAZU D'MINAICHU KABA'IS LEI- know (lit. see) that I will extract his [value] from you [if you allow him to convert fully, thus removing him from my service]
17)[line 22]רמו ליה ארויסא בצואריהRAMU LEI ARVISA B'TZAVAREI- they placed a halter (O.F. chevestre) around his neck
18a)[line 22]ארפו ליהARPU LEI- they loosened it
b)[line 22]וצמצמו ליהV'TZIMTZEMU LEI- and they tightened it
19)[line 23]חציצהCHATZITZAH - An Intervening Substance
In the performance of certain Mitzvos, it is essential that no Chatzitzah (intervening substance) is present between the one performing the Mitzvah and the substance with or in which the Mitzvah is performed. One example of such a Mitzvah is Tevilah (immersion in a Mikvah), in which the person's skin must be in direct contact with the water of the Mikvah.
20)[line 24]בהדי דדלי רישיהBAHADEI D'DALI REISHEI- as he lifted his head
21)[line 24]אנחו ליה זולטא דטינאANCHU LEI ZULTA D'TINA- they placed a bucket full of cement upon him [so that he was in the employ of his master before he could possibly claim that he had immersed for the purpose of converting]
22)[line 25]זיל אמטי לבי מרךZIL AMTI L'VEI MARACH- go bring it to the house of your master
23)[line 25]פפא בר אבאPAPA BAR ABA- Papa, the son of my father; i.e., Rav Papa himself
24a)[line 26]דיהבי זוזי לאינשי לכרגייהוD'YAHAVEI ZUZEI L'INSHI L'CHERAGAIHU- that they pay for other's head-taxes
b)[line 26]ומשעבדי בהוU'MESHABDI BEHU- thereby subjugating them [as such was the law of the kingdom]
25)[line 26]נפקיNAFKI- they leave [their servitude]
26)[line 26]גיטא דחירותאGITA D'CHEIRUSA (GET SHICHRUR)
(a)A Jew who owns a Nochri slave (an Eved Kena'ani) may release the slave from bondage in one of two ways: by accepting payment for the slave's release, or by giving the slave a "Get Shichrur," or bill of release. If the slave is not released in one of these two ways, he is still considered to be a slave for all Halachic matters (such as with regard to whom he is allowed to marry and what Mitzvos he is obligated to keep.)
(b)Some maintain that even if a master declares his slave Hefker (ownerless), but does not give him a Get Shichrur, the slave is still considered to be a freeman with respect to Halachic matters (Yevamos 48a, Gitin 38a).
27)[line 27]איכו שכיבי לא אמרי לכו הא מילתאIKU SHECHIVI LO AMRI LECHU HA MILSA- if I would have died now
28a)[line 27]מוהרקייהו דהניMOHARKAIHU D'HANEI- the seal of slavery of these people
b)[line 28]בטפסא דמלכא מנח ומלכאB'TAFSA D'MALKA MANACH- are lying in the chest of the king (O.F. escrin - chests)
29)[line 29]איקלע לגבלאIKLA L'GAVLA- a city in the lower Galilee, possibly Gabalah, which was built by King Herod
30)[line 29]דמעברןD'MI'ABRAN- that became impregnated
31)[line 30]שמלוSHE'MALU- that they were circumcised
32)[line 30]חמרא דישראלCHAMRA D'YISRAEL- Jewish wine
33)[line 30]דמזגיMAZGI- that was mixed
34)[line 31]תורמוסיןTURMUSIN- lupines, a type of pod or bean of the pea family
35)[line 31]דשלקיD'SHALKI- that was boiled
36)[line 32]והכרזV'HACHREZ- and we announce
See Background to 44:24.
38)[line 33]יין נסךYAYIN NESECH
(a)Wine that was poured as an idolatrous libation is Asur b'Hana'ah. This is derived from the verse, "Asher Chelev Zevacheimo Yochelu, Yishtu Yein Nesicham" - "Those who ate the fat of their sacrifices, and drank the wine of their drink offerings" (Devarim 32:38), which compares the wine of libations to an animal sacrifice offered to Avodah Zarah.
(b)The Chachamim prohibited the wine of a Nochri that was not poured as a libation (Stam Yeinam) out of fear that drinking wine together would lead to intermarriage. In order to avoid confusion between Yayin Nesech and Stam Yeinam, the Chachamim instituted that Stam Yeinam is also Asur b'Hana'ah. Although this is only an Isur mid'Rabanan, it is a very severes prohibition (see Chochmas Adam 75:1).
39)[line 33]בישולי עובדי כוכביםBISHULEI OVDEI KOCHAVIM
(a)A decree was enacted that foods that were cooked by Nochrim even in a Jew's house or in a Jew's pots are prohibited to eat. The decree was instituted to prevent intermarriage and to prevent the possibility that the Nochri might feed non-Kosher food to Jews.
(b)Only foods that must be cooked were included in the decree. If they are edible raw, the Nochri has not added to those foods a significant change to prohibit them. Furthermore, only foods that are important enough to be served to kings are prohibited if a Nochri cooked them. It is not customary to invite others to a banquet where less important foods are served. Therefore the sages did not worry that these foods would bring about a mingling of Jews and Nochrim.
40)[line 37]לך לך אמרין נזירא סחור סחור לכרמא לא תקרבLECH LECH, AMRIN NEZIRA, SECHOR SECHOR; L'CHARMA LO SIKRAV!- "Go away, go away," we say to the Nazir, "go all around; do not come near the vineyard!" That is, we assume that all of their wine was touched by Nochrim and is prohibited because of the decree of Yayin Nesech.
41)[line 39]כמות שהוא חיKEMOS SHE'HU CHAI- normally eaten raw
42)[line 45]באבותינוB'AVOSEINU- with our forefathers
43)[line 48]אין דנין אפשר משאי אפשרEIN DANIN EFSHAR MISHE'IY EFSHAR
(a)There is a general argument among the Tana'im (Menachos 62a and elsewhere) as to whether the Halachah in one particular situation may be derived by comparison to another situation in which the Halachah is dictated solely by practical impossibility ("Iy Efshar").
(b)Rebbi Eliezer compares the Korbenos Pesach brought throughout the generations to the Korban Pesach brought in Egypt. It was impossible (Iy Efshar) to bring the Korban Pesach in Egypt from money that was designated as Ma'aser Sheni (since they were not yet commanded at the time to separate Ma'aser Sheni from their produce). From this Rebbi Eliezer proves that the Korbenos Pesach of the subsequent generations must also be brought from money that is Chulin and not from money that is Ma'aser Sheni (Efshar). Rebbi Akiva argues, arguing that we cannot derive the Halachah in a scenario that is Efshar from a scenario that is Iy Efshar.
44)[line 49]פסח בדורותPESACH DOROS- the Korban Pesach that was brought by subsequent generations in Eretz Yisrael
45)[line 49]החוליןHA'CHULIN- the Korban is not allowed to be bought from Ma'aser
46)[line 50]אין בא אלא מן החוליןEIN BA ELA MIN HA'CHULIN- the Korban Pesach may not be brought from Ma'aser
47)[line 4]"[ויאמר ה' אל משה] לך אל העם וקדשתם היום ומחר וכבסו שמלתם""[VA'YOMER HASH-M EL MOSHE] LECH EL HA'AM V'KIDASHTAM HA'YOM U'MACHAR V'CHIBSU SIMLOSAM"- " [And G-d said to Moshe,] 'Go to the people and sanctify them today and tomorrow , and let them wash their clothes and be ready by the third day." (Shemos 19:10)
48)[line 6]במקום שאין טעוןכבוסB 'MAKOM SHE'IN TA'UN KIBUS- one must immerse himself even when he need not wash (immerse) his clothes (e.g. a Ba'al Keri),
49)[line 8]נקיות בעלמאNIKAYON B'ALMA- maybe they washed their clothes just because of cleanliness
50)[line 8]"ויקח משה את הדם ויזרוק על העם...""VA'YIKACH MOSHE ES HA'DAM VA'YIZROK AL HA'AM..."- "And Moshe took the blood…." (Shemos 24:8)
51)[line 9]וגמיריV'GEMIRI- and we have a tradition
52)[line 11]במה נכנסו תחת כנפי השכינהBA'MEH NICHNESU TACHAS KANFEI HA'SHECHINAH?- what did they do to enter under Kanfei ha'Shechinah (the wings of the Divine Presence)?!
53)[line 16]מטבילין אותו ומה בכךMATBILIN OSO U'MAH V'CHACH!- we let him immerse in the process of conversion, and it does not matter [that his Bris Milah may not have been performed for the sake of conversion; the immersion is enough]
54)[line 18]מטבילין גר בשבתMATBILIN GER B'SHABBOS- one is allowed to immerse a Ger for conversion on Shabbos
55)[line 20]בחדא סגיאB'CHADA SAGYA- with one act is enough for conversion, either Tevilah or Milah
56)[line 21]דמל לפנינוD'MAL L'FANEINU- that he was circumcised in front of us
57)[line 22]עיקרIKAR- that is, we would have thought that Rebbi Yehudah requires Tevilah under all circumstances, and even if the Ger already had Milah he still must have Tevilah.
58)[line 23]דקא מתקן גבראD'KA MESAKEN GAVRA- that Tevilah does not help him
59)[line 30]עובדאUVDA- an incident
60)[line 31]ביBEI- in the house of
61)[line 32]רבי אושעיא בר רביREBBI OSHAYA BAR REBBI- a case occurred in which a convert circumcised but did not immerse. Rebbi Chiya bar Rebbi told him, "wait, and we will immerse you tomorrow."
62)[line 33]דאתא לקמיה גרD'ASA L'KAMEI GER- that a Ger came in front of him
63)[line 34]שהיSHEHI- wait
64)[line 37]מומחיןMUMCHIN- need experts, i.e. [three] judges of the Sanhedrin or similar competent Halachic authorities of each generation
65)[line 37]דאיקלעוD'IKLA'U- that they happened to come together at that time
66)[last line]"וכי יגור אתך גר בארצכם [לא תונו אתו]""V'CHI YAGUR ITCHA [GER B'ARTZECHEM LO SONU OSO]."- And if a stranger sojourns with you in your land, you shall not wrong him" (Vayikra 19:33).
67)[last line]במוחזק לךB'MUCHZAK LECHA- we accept him as a convert only if he is Muchzak (established) to you.?»¿