[10a - 38 lines; 10b - 34 lines]

1)[line 1]דמוקצה הואD'MUKTZAH HU- that it is [only] Muktzah (see Background to 6:17) [which is prohibited mid'Rabanan]

2)[line 5]עליELI- a thick board upon which spices are chopped with a pestle

3)[line 5]לקצבL'KATZEV- to chop

4)[line 13]תורת כליTORAS KLI- the status of a Kli [and may therefore be used for a permitted purpose on Yom Tov, as opposed to earth that one wishes to use to cover blood]

5)[line 14]עורOR- an animal hide

6)[line 14]לפני הדורסןLI'FNEI HA'DORSAN- in front of where people and animals tread [in order to soften it before beginning the tanning process]

7)[line 19]דחזי למזגא עלויהD'CHAZI L'MIZGA ILAVEI- that it is fit to kneel (a common way of sitting then) upon [and it is therefore not necessarily to begin the tanning process that it was spread over the ground]

8)[line 20]מסלקין את התריסיןMESALKIN ES HA'TRISIN- remove the shutters [of booth windows]. These shutters serve as display tables for the merchandise stored within these market booths when they are not sealing the windows. If one requires merchandise on Yom Tov (such as spices, for example) he may request it of a merchant who trusts him, as long as they leave all discussion of price and business until after Yom Tov.

9)[line 25]אין בנין בכלים ואין סתירה בכליםEIN BINYAN B'CHELIM V'EIN SETIRAH B'CHELIM

(a)Binyan (building) and Setirah (dismantling) are two of the thirty-nine Avos Melachos (creative acts of labor) that are prohibited on Shabbos (Mishnah to Shabbos 73a).

(b)Beis Shamai explain that these prohibitions apply not only to buildings attached to the ground, but to movable utensils as well. Beis Hillel maintain that Binyan and Setirah do not apply to utensils (Beitzah 21b). The booths to which the Trisin discussed in the Mishnah quoted in our Gemara are not attached to the ground; therefore, Beis Hillel maintain that one cannot transgress Shabbos by adding to or subtracting from them.

10)[line 27]בריכה ראשונהBREICHAH RISHONAH- the first pair (O.F. covede - brood) [of pigeons hatched that year]. Pigeons raise a pair of chicks, one male and one female, every month for nine months of the year (excluding winter). Pigeon breeders would generally leave the first pair alive to provide their parents with company.

11)[line 28]אתי לאמלוכיASI L'AMLUCHEI- he will change his mind [in which case his designation will retroactively become null and he will have handled Muktzah] (RASHI; see Insights for other explanations for the concern of Beis Shamai)

12)[line 30]מכאן אני נוטלMI'KAN ANI NOTEL- I will take [two birds] from this [dovecote]

13)[line 30]ברירהBEREIRAH (YESH BEREIRAH / EIN BEREIRAH)

(a)In numerous places in Shas we find arguments among both Tana'im and Amora'im as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e. Bereirah doesn't work). Bereirah refers to making the effect of one's action contingent retroactively upon future events. An examples of this is buying or selling an object on the condition that rain will fall on the following day, or that the object of the sale will remain undefined until the following day. "Ein Bereirah" means that such a stipulation does not take effect; an action cannot be contingent on a future event. The Ran (Nedarim 45b) explains this opinion with the following logic: "It is not logical for something to take effect when what upon it will take effect (or even whether it will take effect) is still in question." (See Insights to Chulin 15:2.) "Yesh Bereirah" means that such a stipulation does take effect.

(b)When the action is contingent on a past event, there is no question that the desired result does take effect, even if those involved in the action are not aware as to the outcome of that event. An example of this is the following case: one sets two Eruvei Techumin (see Background to Yoma 56:7) before sundown on Erev Shabbos on opposite sides of his city, and declares, "If my Rebbi is presently staying in the village to the East, then I would like the Eruv that I placed to the east of the city to determine my base for Shabbos, and if not, then I would like the Eruv that I placed to the west of the city to determine my base for Shabbos." The man making the Eruv may not know where his Rebbi is, but when he finds out, then he will know which of his Eruvin will have taken effect ("Kvar Ba Chacham" - see Chulin 14b).

(c)There are dozens of instances in the Gemara in which a person may perform an action "on the condition that..." (b'Tenai). For example, a man may buy/sell an object or divorce his wife on the condition that the other party pays/does whatever the first party specifies. If the condition is not fulfilled in the future, then the sale/divorce is retroactively annulled. This situation is not one of Bereirah; see Insights to Eruvin 36b.

(d)Halachically, most Poskim conclude (based on Beitzah 38a) that regarding questions of a biblical nature (mid'Oraisa), one must stringently assume that Bereirah does not take effect, whereas regarding Rabbinical questions (mid'Rabanan), one may rely on Bereirah.

14)[line 31]המת בביתHA'MES BA'BAYIS (TUM'AS PESACHIM)

(a)If a corpse (Mes) or part of a corpse is in a house, then the corpse causes all people and vessels in the house to become Tamei; this is known as Tum'as Ohel. Additionally, it is Metamei those vessels lying underneath the lintel of the doorway, even if they are on the other side of the closed door (assuming that the lintel is at least one Tefach wide). Since the Mes will eventually be removed from the house through that doorway, it is considered as if the Mes is already in the doorway. The source of this Halachah is either mid'Rabanan (RASHI), or a Halachah l'Moshe mi'Sinai (RASHI to Beitzah 37b).

(b)If the house has a number of doorways and windows, all of which are larger than four square Tefachim, then the vessels underneath all of their lintels are Tamei, since we do not know through which one the Mes will be removed. If the part of the Mes in the house is the size of a k'Zayis or less, then this applies even to openings that are as small as one square Tefach. This is true only if all of these openings are closed, or if all of them are open. If only one of them is open, then it is assumed that the Mes will be removed through that one, and only the vessels underneath its lintel are Tamei.

(c)If the owner of the house decides to remove the Mes through a particular doorway or window, then Beis Hillel rules that all vessels in all of the other doorways are Tahor. Beis Shamai maintains that once the Mes is dead, an action is required to designate one opening as the one through which the Mes will be removed.

15)[line 31]פתחים הרבהPESACHIM HARBEH- many doors [all of which are either open or closed]

16)[line 31]כולן טמאיםKULAN TEME'IM- all of [the vessels under their lintels] are Tamei

17)[line 33]מצלת על כל הפתחים כולןMATZELES AL KOL HA'PESACHIM KULAN- this saves [the vessels in] all of the other doorways [from becoming Tamei]. Our Gemara assumes that this applies to the vessels that had been in all of the other doorways from the time that the Mes died, retroactively. Beis Shamai disagree because they maintain that Bereirah is ineffective.

18)[line 35]לטהר את הפתחים מכאן ולהבאL'TAHER ES HA'PESACHIM MI'KAN UL'HABA- [Beis Hillel ruled] to consider the [vessels in all of the] other doorways Tahor from this point onward. Beis Shamai disagree since they maintain that once the Mes is dead, an action is required to designate one opening as the one through which the Mes will be removed.

19)[line 37]מטלטל ושביקMETALTEL V'SHAVIK- he will pick up [a bird] and [reject it,] set[ting] it down

20)[line 37]מידי דלא חזי ליהMIDI D'LO CHAZI LEI- that which is not fit for his [use; i.e., that which is Muktzah once rejected, as it has not been retroactively designated from the previous day]

21)[last line]בעומד ואומר זה וזה אני נוטל סגיא!B'OMED V'OMER ZEH V'ZEH ANI NOTEL SAGYA!- it is enough to stand [at a distance] and say, "I select these two" [without getting a good feel for how plump they are, in which case it is still possible that he will reject them the following day]!

22)[last line]מערב יו"טME'EREV YOM TOV- on the day before Yom Tov [when one realizes that his selection of the birds is final]

10b----------------------------------------10b

23)[line 1]דזימנין דמשתכחי שמנים כחושיםZIMNIN D'MISHTAKCHEI SHEMENIM KECHUSHIM- sometimes he may find that those [birds which appeared] plump are actually scrawny

24)[line 8]הקןHA'KAN- the nest; i.e., one of the compartments of the dovecote

25)[line 9]אם אין שם אלא הםV'IM EIN SHAM ELA HEM- and if there are no other [pigeons in that dovecote]

26)[line 10]פשיטאPESHITA- it is obvious [that if he found birds of another color then they are not the ones that he designated]!

27)[line 11]שזמן שחורים ולבניםSHE'ZIMEN SHECHORIM U'LEVANIM- Rabah explains that the first two cases described in the Mishnah are actually one case.

28)[line 14]אזדוAZDU- went

29)[line 16]רוב וקרוב הלך אחר הרובROV V'KAROV HALECH ACHAR HA'ROV

(a)ROV - When a doubt exists as to the origin or status of an item, one acceptable manner of determining its Halachic status is to follow the majority ("Halech Achar ha'Rov"). If, for example, a piece of meat fell from a collection of both kosher and non-kosher meat, and the majority of the pieces are kosher, than one may assume it to be kosher. The source for this method of determination is the verse which states "... Acharei Rabim l'Hatos" - "... follow the majority." (Shemos 23:2; Chulin 11a).

(b)KAROV - Another acceptable manner of determining the Halachic status of the origin or status of an item in doubt is to assume that it came from or has the status of that which is closest to it ("Halech Achar ha'Karov"). If, for example, one is uncertain of whether or not a certain bird was designated to be eaten on Yom Tov, then he may assume that it was as long as the majority of the birds nearby were so designated. The source for Halech Achar ha'Karov is the Parshah of Eglah Arufah (Devarim 21:1-9, see Background to Yoma 60:5). The Torah clearly considers the murderer to have originated from the city closest to the dead body, as it is that city which must procure the Eglah Arufah.

(c)When the conclusion reached by these differing manners of determination clash, Rebbi Chanina rules that the precept of Halech Achar ha'Rov overrides that of Halech Achar ha'Karov (Bava Basra 23b). That would appear to be the mechanism at work in our Mishnah, as the two birds found in the dovecote are assumed to be from elsewhere (the majority), instead of from the neighboring compartment (what is nearby).

30)[line 17]בדףB'DAF- with [pigeons that are always present on] the ledge [in front of each compartment of the dovecote]. Since these pigeons were not designated and are therefore Muktzah, they are both Rov and Karov.

31)[line 22]הניח מנהHINI'ACH MANEH- if one placed a Maneh (a coin worth one hundred Zuz) [with the Kedushah of Ma'aser Sheni (see next entry)]

32)[line 23]מעשר שניMA'ASER SHENI

(a)Once Terumah (see above, entry #17) is 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.

(b)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.

(c)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). The various laws of Ma'aser Sheni are learned from the verses which begin, "Aser Te'aser Eis Kol Tevu'as Zar'echa..." (Devarim 13:22-28).

(d)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.

(e)If the owner of the Ma'aser Sheni redeems his own Ma'aser, he must add a fifth of the total value (equal to a quarter o the original value) onto the money used; if someone else redeems it, he may do so with money equal to the value of the Ma'aser.

33a)[line 24]מונחMUNACH- remains

b)[line 24]מוטלMUTAL- was removed

34)[line 26]עשויין לדדותASUYIN L'DADOS- they are able to move [on their own]

35)[line 27]בשני כיסין מחלוקתBI'SHNEI KISIN MACHLOKES- the disagreement [between Rebbi and the Chachamim only] exists in a case in [which the two Manos were in] two separate purses

36)[line 32]למה לי לשנוייLAMAH LI LI'SHNUYEI ...?- Although it is not known to the Gemara which opinion is advanced by Rebbi Yochanan and which by Rebbi Elazar, one of them clearly maintains that there is no disagreement in a case of two purses. Since this is similar to the case of our Mishnah, why did both Rebbi Yochanan and Rebbi Elazar need to differentiate between the disagreement of Rebbi and the Chachamim and our Mishnah?

37)[line 33]בגוזלות מקושריםB'GOZALOS MEKUSHARIM- [even] with [a case of] young pigeons that are tied [to each other]

38)[line 33]וכיסים מקושרים עסקינןV'CHISIM MEKUSHARIM ASKINAN- and [specifically] with [a case of] purses that are tied [to each other] are we are dealing [in our Mishnah and the Beraisa, respectively]

39)[last line]מנתחי אהדדיMENATCHEI AHADADEI- pull away from each other [as a result of their ability to move, and are therefore likely to become separated from one another]

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