[12a - 35 lines; 12b - 35 lines]

1)[line 1] ISKISH L'NEROS (HEKESH - A Comparison of Two Subjects Mentioned Together in One Verse or Neighboring Verses)

(a)One of the methods employed by Chazal when determining Halachah from the verses of the Torah is "Hekesh". A Hekesh entails comparing two subjects that are mentioned together in one verse or neighboring verses.

(b)A Hekesh is a powerful way of determining Halachah. When two subjects are compared through a Hekesh, all possible parallels are drawn between them, unless a different Derashah teaches us otherwise ("Ein Hekesh l'Mechetzah"). Additionally, Pirchos (logical differences) that would impede a Kal va'Chomer (see Background to Bava Kama 24:43) or a Gezeirah Shavah (see Background to Bava Kama 40:9a) do not stand in the way of learning one subject from another through a Hekesh ("Ein Meshivin Al ha'Hekesh").

(c)One verse mentions that both the service of the Ketores and that of the Hadlakas ha'Neros are to be performed "Bein ha'Arbayim" (Shemos 30:8; see Background to 11:73) .

2)[line 2] L'YE'UCHAR DAVAR HU D'ASA- it is coming to delay the matter [of the offering of the Korban Pesach, should one wait to offer it in the afternoon, beyond that of the evening Korban Tamid]

3)[line 6]TZAFRA- the morning

4)[line 6]MATI- arrives

5)[line 8] " MISPALEL SHEL MINCHAH V'ACHAR KACH MISPALEL SHEL MUSAFIN- [if one waited to recite the Musaf prayer - which may be recited the entire day - until the afternoon, then] he should first recite the Minchah prayer [which may only be recited in the afternoon] and only afterward recite the Musaf prayer

6)[line 10] ?LAMAH LI?- why do I need it [since it cannot teach that they must be performed in the afternoon]?

7)[line 10]TACHAS- on behalf of

8)[line 11] L'DIVREI REBBI YEHOSHUA- according to the opinion of Rebbi Yehoshua [who rules in our Mishnah that a Korban Pesach slaughtered on the morning of Erev Pesach is akin to one slaughtered on the thirteenth of Nisan]

9)[line 13] IM ISA- if it were so [that Ben Beseira maintains that a Korban Pesach slaughtered on the morning of Erev Pesach is valid]

10)[line 17] MEGADEF BAH- scoffed at [the interpretation of Rebbi Yochanan]

11)[line 18] AFRESHEI HA'IDNA- he designates it now [upon the morning of Erev Pesach]

12)[line 19] ... DICHUY ME'IKARA HU ... NIR'EH V'NIDCHEH HU (DICHUY ME'IKARA / NIR'EH V'NIDCHEH - An Object Unavailable for the Fulfillment of a Mitzvah)

(a)"Dichuy" means "pushed off". This Halachic concept applies to cases in which a specific object is necessary for the fulfillment of a Mitzvah. If at one point that item is unfit for use as required, then Dichuy would dictate that it may not be used to fulfill that Mitzvah even if it should subsequently become fit. If, for example, one sanctifies an animal that has a Mum (disqualifying blemish), Dichuy would not allow that animal to be offered even after it has healed.

(b)There are two different scenarios in which Dichuy may apply. One, as in the previous example, is where the Dichuy was applicable from the beginning of the object's suitability for the Mitzvah. This is termed "Dichuy me'Ikara". If, however, the animal had developed the Mum only after it was sanctified, then this would be a question of "Nir'eh v'Nidcheh". This term refers to a situation in which the item was at first fit for use, and only afterward became unfit. Nir'eh v'Nidcheh is a more serious condition, as the object was actively deferred from the Mitzvah.

(c)Both Tana'im and Amora'im disagree regarding whether Dichuy applies in these two situations.

(d)In our Gemara, Rebbi Avahu asks that according to Rebbi Yochanan's explanation of the opinion of Ben Beseirah, it should be impossible to sanctify a Korban Pesach. If it is sanctified on the morning of Erev Pesach, it is Nidcheh me'Ikara since it cannot at that point be offered as any Korban. If it is sanctified at an earlier point, it is Nir'eh v'Nidcheh. This is because at the time of its sanctification it was fit to be offered as a different Korban, but upon reaching the morning of Erev Pesach it was no longer fit to be offered as any Korban.

13)[line 20] TEHEI L'ACHAR CHATZOS- [the only possible way to sanctify a Korban Pesach according to Ben Beseirah] must be [one in which one did so] after midday [on Erev Pesach when it is immediately fit to be slaughtered as a Pesach]

14)[line 21]MI'TZAFRA- [he sanctified it] from the morning [of Erev Pesach]

15)[line 22] EIN MECHUSAR ZMAN L'BO HA'YOM- it is not considered to be lacking time (i.e., there is no Halachic status of Dichuy me'Ikara) [if it will be fit for use later] on that same day

16)[line 23]ME'URTA- [he sanctified it] from the evening [prior to Erev Pesach]

17)[line 24] LEIL SHEMINI- on the evening [prior to] the eighth day [of a kosher animal's life]

18)[line 24]L'DIR- to the corral

19)[line 24]L'HIS'ASER (MA'ASER BEHEMAH - The Tithe Given from Kosher Animals)

(a)Once a year, one must designate every tenth Kosher animal that had been born into his herd/flock over the course of the previous year as Ma'aser Behemah (Vayikra 27:32). First, one gathers all of the yearling animals of that species into a corral. They are then driven out of the corral through an opening narrow enough to allow only one to pass through at a time. One then stands by and counts them, marking every tenth one.

(b)Animals designated as Ma'aser Behemah are eaten by their owner. If they are unblemished, they are offered as a Korban Shelamim (see Background to Kidushin 55:4) and eaten by their owner in Yerushalayim. If they have a Mum (invalidating blemish), their owner may slaughter and eat them as he would any Kosher animal.

(c)The Chachamim designated three dates by which a person must tithe his flock. After these times, no animal may not be eaten or sold until they have been tithed.

(d)Animals born in different years may not be counted together for Ma'aser Behemah.

(e)An animal must be fit to be offered as a Korban in order to be counted as part of the herd/flock for the purposes of Ma'aser Behemah. Although an animal must be eight days old in order to be fit as a Korban, it may be placed in the corral in order to be counted for the purposes of Ma'aser Behemah from the night before.

20)[line 25]RAMI- posed a contradiction

21)[line 26]"[ - - ] , [ '.]""[SHOR O CHESEV O EZ KI YIVALED] V'HAYAH SHIV'AS YAMIM TACHAS IMO, UMI'YOM HA'SHEMINI VA'HAL'AH YERATZEH [L'KORBAN ISHEH LA'SH-M.]"- "[When an ox or sheep shall be born] it shall remain for seven days with its mother, and from the eighth day and onward it shall be pleasing [as a sacrifice offered to Hash-m]" (Vayikra 22:27).

22)[line 26]CHAZI- it is fit [to be offered as a Korban]

23)[line 28] , LAILA L'KEDUSHAH, V'YOM L'HARTZA'AH- on the night [following the seventh day it is fit] to be sanctified [although it cannot yet be offered], and the next day [it is fit] for offering

24)[line 30] BA'ALEI CHAYIM NIDACHIM (BA'ALEI CHAYIM NIDACHIM / BA'ALEI CHAYIM EINAN NIDACHIM - Whether or not a Live Animal can become Permanently Invalid as a Sacrifice)

(a)There is Tana'ic and Amora'ic discussion over whether an object that becomes unfit for use in fulfillment of a Mitzvah may be used at a later point if its status changes ("Dichuy"; see above, entry #12). Assuming that Dichuy generally applies, there is a further question regarding whether or not it is applicable to live animals. Those who maintain that "Ba'alei Chayim Nidachim" rule that animal which becomes unfit as a sacrifice remains unfit forever. The dissenting opinion holds that only Shechutim (slaughtered animals) become irrevocably rejected. A live animal, however, can regain its status once it becomes fit (Yoma 64a).

(b)From that which Rebbi Avahu felt it necessary to establish the explanation of Rebbi Yochanan in the opinion of Ben Beseirah to be applicable only when one sanctifies a Korban Pesach after midday on Erev Pesach, it is clear that Rebbi Yochanan is of the opinion that Ba'alei Chayim Nidachim.

25)[line 31] HIKDISH CHETZYAH- [if one partner] sanctified his half

26)[line 32] EINAH KEREIVAH- it may not be offered [since at the time that it was only half sanctified, it was unfit as an offering]

27)[line 33] OSEH TEMURAH (TEMURAH - The Prohibition Against Transferring Sanctity from one Animal to Another)

(a)It is forbidden to attempt to transfer the sanctity of an animal designated as a Korban onto a different animal, even if the second one is of superior quality. Should one do so, he has sinned. The result of his attempt is that both the original animal as well as the target are both sanctified with the Kedushah of the original (Vayikra 27:10,11). The second animal is referred to as a "Temurah".

(b)The Temurah of a Korban must be offered upon the Mizbe'ach in the same manner as its parent Korban, unless it has a Mum (disqualifying blemish). This does not apply, however, if the parent Korban a Chatas or an Asham.

(c)One receives Malkus (lashes) for creating a Temurah, even if he did so unintentionally. Some explain that this is only true when he intended to create one type of Temurah and accidentally created a Temurah of a different designation (e.g. a Temuras Shelamim instead of a Temuras Olah). Others maintain that one receives Malkus even if he was under the impression that it was permitted to do so (see Chart to Temurah 17a).

(d)The Chinuch explains that from this prohibition we gain an appreciation for the high degree of respect with which we must treat objects of Kedushah (SEFER HA'CHINUCH #351,352).

28)[line 34]TELAS- three [things]

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

29)[line 1] YESH DICHUY B'DAMIM- a) [an animal] is deferred [if unfit when sanctified even] when only its value is sanctified [as was the case with this animal when it was only half sanctified] (first, preferred explanation of RASHI); b) [an animal] is deferred as a result of money [that had not yet been paid to acquire the other half of the animal] (second explanation of RASHI; see also TOSFOS DH u'Shma Minah)

30)[line 2]CHELEV (CHELEV - Forbidden Fats)

(a)Chelev refers to those fats of an animal that are burned upon the Mizbe'ach when it is offered as a Korban. This includes the layer of fat covering the stomachs of the animal, all other fat attached to the stomachs, and the fat lining the kidneys along its flanks (Vayikra 3:4).

(b)One may not consume the Chelev of a kosher Behemah (domesticated animal) (Vayikra 3:17), although one may derive any other benefit from it. "Shuman" is the term for all other fats of a Behemah that are permitted for consumption. Both Chelev and Shuman of a Chayah (non-domesticated animal) may be eaten.

(c)If one consumes a k'Zayis of Chelev intentionally after he was properly warned by valid witnesses, he receives Malkus (thirty-nine lashes). If he did not receive a proper warning, then he is liable to receive Kares (see Background to Makos 13:40). If he consumed the Chelev unintentionally, then he must offer a Korban Chatas (see Background to Sanhedrin 4:14). If one is in doubt as to whether the fat that he ate was Chelev or Shuman, then he must offer a Korban Asham Taluy (see Background to Yoma 61:35).

31)[line 2] HEMIR DAS- he changed his religion; i.e., he ceased to act as a practicing Jew [in which case his Korbanos are not accepted (Chulin 5b)]

32)[line 3] CHAZAR BO- he repented

33a)[line 5]NISHTATEH- he took leave of his senses [in which case he may not offer a Korban]

b)[line 6]NISHTEFAH- he returned to his senses

34)[line 7]KAMAISA- the first [case of one who ceased acting as a Jew]

35)[line 7] HU DACHI NAFSHEI B'YDAYIM- he actively pushed it away [through his decision to stray from Judaism]

36)[line 9][] [EIMA] K'YASHEN DAMI- [I would have said that] it is as if he is asleep [when one cannot offer a Korban, but it is not deferred]

37)[line 9] EIN B'YADO LA'CHZOR- it is out of his control to return [from the state in which he finds himself that renders the Korban invalid]

38)[line 11] HORU BEIS DIN- Beis Din [mistakenly] rules that one is permitted to consume Chelev

39a)[line 13] MI HAVI DICHUY- is it deferred [since one who sins based upon a ruling of Beis Din is not obligated to offer a Korban (Horayos 2b), and had he sinned now then he would not have been obligated to offer it]

b)[line 13] ?O LO HAVI DICHUY?- or is it not deferred [since he was obligated to offer a Korban when he designated it]?

40)[line 15] ME'HA PASACH- he began with [teaching the Halachah in] this [case]

41)[line 15] HASAM GAVRA IDCHI- there [in the cases of one who strayed from Judaism and one who lost his senses] the man was pushed away [due to this status]

42)[line 19] () [] KULHU B'CHADA (SHITASA) [SHAITA] HAVU KAIMEI- they all (were of the same opinion; i.e., it was a unanimous ruling) [were together at the same time (when they ruled)] (Girsa changed by the SHITAH MEKUBETZES based upon RASHI DH b'Chada)

43)[line 21]"... ; '."" OLAH HU; ISHEI RE'ACH NICHO'ACH LA'SH-M."- "... it is an Olah; an offering with a pleasing aroma to Hash-m" (Vayikra 1:13). Rav Huna explains that Ben Azai understands from the seemingly extraneous words "it is an Olah" that it must be offered as an Olah.

44)[line 24]"[ ';] .""[V'HIKTIR OSAM HA'KOHEN HA'MIZBECHAH ISHEH LA'SH-M;] ASHAM HU."- "[And the Kohen shall place them in fire upon the Mizbe'ach as an offering to Hash-m;] it is an Asham" (Vayikra 7:5).

45)[line 24] HA'HU L'ACHAR HAKTARAS EMURIM HU DI'CHSIV- that [verse] is written [regarding the Asham] after its entrails have been placed in fire [and cannot therefore teach that such must be performed Lishmah, since the Korban Asham remains valid even if the entrails are not burned at all]

46)[line 26] "" TREI "HU" KESIVEI- [the word] "Hu" is written twice [regarding an Olah (Vayikra 1:13 as cited above in entry #43, and Shemos 29:18 regarding the Olah of the Milu'im), and one therefore must refer to that which an Olah must be offered Lishmah prior to the burning of the entrails]

47)[line 27] "" TREI "HU" KESIVEI- [the word] "Hu" is written twice [regarding an Asham (Vayikra 7:5 as cited above in entry #44, and Vayikra 5:19), and one therefore must refer to that which an Asham must be offered Lishmah prior to the burning of the entrails]

48)[last line] YESH BA'HEN TZAD KARES- they share a common denominator of Kares [since a Chatas is offered to atone for one who transgressed an Aveirah punishable by Kares, and one who does not offer a Korban Pesach is punished with Kares]

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