[68a - 40 lines; 68b - 51 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] Rashi 68b DH ha'Kol Hayu:

The words "b'Kodshim Kalim" á÷ãùéí ÷ìéí

should read "v'Kodshim Kalim" å÷ãùéí ÷ìéí (DIKDUKEI SOFRIM #10; the Girsa brought by the emendations of the Vagshal Shas in the name of "Sefarim Acheirim," is "Kodshim Kalim" ÷ãùéí ÷ìéí)

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PEREK #4 BEHEMAH HA'MEKASHAH

1)[line 1]äî÷ùä ìéìãHA'MEKASHAH LEILED- that is in the difficult stages of labor

2)[line 4]çåúê îòåáø ùáîòéäCHOSECH ME'UBAR SHEB'ME'EHA- [if a person] cuts off limbs of an pregnant animal's fetus [before the mother is slaughtered, leaving the limbs inside]

3)[line 5]èçåìTECHOL- spleen

4)[line 5]ëìéåúKELAYOS- kidneys

5)[line 8]"[åÀàÇðÀùÑÅé ÷ÉãÆùÑ úÌÄäÀéåÌï ìÄé;] åÌáÈùÒÈø áÌÇùÒÌÈãÆä èÀøÅôÈä ìÉà úÉàëÅìåÌ, [ìÇëÌÆìÆá úÌÇùÑÀìÄëåÌï àÉúåÉ]""[V'ANSHEI KODESH TIHEYUN LI;] U'VASAR BA'SADEH TEREIFAH LO SOCHELU, [LA'KELEV TASHLICHUN OSO]"- "[And you shall be holy men to Me;] and you shall not eat any meat that is torn [by the beasts] in the field, [you shall cast it to the dogs]" (Shemos 22:30) - This verse contains the prohibition of "Yotzei," where anything that leaves the specific boundaries in which it is meant to stay becomes invalidated.

6)[line 18]áëåø ìðçìäBECHOR L'NACHALAH

The first male born to a father inherits a double portion of his father's estate. This is only true if the son was the first viable child to be born to that man, whether or not he was the first child born to his mother (Bechoros 46a). Even if the son was preceded by a Nefel, a stillborn, he is still the Bechor l'Nachalah.

7)[line 19]áëåø ìëäðéíBECHOR LA'KOHANIM (PIDYON HA'BEN)

(a)The Torah requires that every Yisrael sanctify the firstborn male of his children, Kosher animals and donkeys, as it is written, "Kadesh Li Chol Bechor, Peter Kol Rechem bi'Vnei Yisrael, ba'Adam uva'Behemah; Li Hu" - "Sanctify to Me every firstborn that initiates the womb among the children of Yisrael, among both man and beast; it is Mine" (Shemos 13:2).

(b)The Mitzvah of Pidyon ha'Ben applies to a Yisrael and not to a Kohen or a Levi. The first male born to a mother (who is the daughter of a Yisrael) must be redeemed by his father (as stated in Shemos 13:13, "v'Chol Bechor Adam b'Vanecha Tifdeh").

(c)The Bechor must be redeemed when he is one month old by giving five silver Shekalim of Kodesh (each of which weighs either 19.2 or 17 grams — see Midos v'Shi'urei Torah, C. P. Benish, Benei Brak, 5760, pp. 487-488) to a Kohen as stated in Bamidbar (18:16). This applies only if the son was the first issue (i.e. he was not preceded by a Nefel — stillborn) and was delivered through the womb (i.e. he was not delivered by Caesarian section). (SEFER HA'CHINUCH #392)

8)[line 20]ðôìéí, àó òì ôé ùéöà øàùå çéNEFALIM, AF AL PI SHE'YATZA ROSHO CHAI- non-viable offspring (lit. stillbirths; e.g. a baby that is born not from a seven-month or a nine-month term of pregnancy — see Background to Sanhedrin 84:16), even if the head emerged [and the baby is] living

9)[line 24]àéï ôøåæãåø ìáäîäEIN PROZDOR L'BEHEMAH- an animal does not have a "corridor," i.e. its offspring does not emerge between its legs (a secluded place similar to a corridor — RASHI, TOSFOS; unlike our Gemara, "Prozdor" is the term usually used to connote the cervical canal). [As a result, if the Halachah that considers a fetus to have been born upon the emergence of its head were written only in the verses of Behemah, we would not have been able to learn this with regard to people, since women do have a Prozdor.]

10)[line 26]çùéá ôøöåó ôðéí ãéãéäCHASHIV PARTZUF PENIM DIDEI- his facial features are significant (as opposed to the features of an animal), [since he was created in the Demus (image or likeness, kiv'Yachol) of his Creator. As a result, if the Halachah that considers a fetus to have been born upon the emergence of its head were written only in the verses of people, we would not have been able to learn this with regard to animals, since they do not have significant facial features.]

11)[line 27]ùìéàSHILYA- commonly translated as the placenta; a more accurate description is the fetal membranes in which the fetus forms, which are attached to the placenta (RASHI to Berachos 4a; TOSFOS to Nidah 18a DH Shilya and elsewhere in the Rishonim)

12)[line 39]ùáçåõ èîàSHEBA'CHUTZ TAMEI - that which is outside is Tamei (EVER MIN HA'CHAI: TUM'AH)

(a)Ever Min ha'Chai refers to a limb that is detached from an animal when it is alive, whether the limb contains only flesh (such as the tongue or heart) or whether it contains bone, flesh and sinews (such as a hand or foot). Basar Min ha'Chai refers to flesh detached from an animal when it is alive. Both are forbidden to be eaten by the Torah (RAMBAM Hilchos Ma'achalos Asuros 5:1; see Background to Chulin 33:4:b-c).

(b)The Gemara (Chulin 128b) brings a source from the verses to show that Ever Min ha'Chai is Metamei like a limb of a Neveilah. A Neveilah is a carcass of a Kosher animal that died without a Halachic slaughtering (or that was slaughtered improperly). A k'Zayis or more of a Neveilah makes a person or an object Tamei through Maga (contact). It is Metamei a Keli Cheres (an earthenware utensil) if it enters the utensil's interior and is Metamei a person with Tum'as Masa (by carrying it) to cause him, in turn, to be Metamei the clothes that he is wearing (RAMBAM Hilchos She'ar Avos ha'Tum'ah 1:1).

68b----------------------------------------68b

13)[line 1]äáùø îâò ðáìäHA'BASAR MAGA NEVEILAH- the meat (i.e. of the mother and of the fetus) is a Rishon l'Tum'ah, because it came in contact with a Neveilah

14)[line 2]îâò èøôä ùçåèäMAGA TEREIFAH SHECHUTAH- [the meat] is only Tamei mid'Rabanan with regard to Kodshim but otherwise Tahor, because it came in contact with a slaughtered Tereifah

15)[line 11]ôøñä äçæéø, àëåì; ôøñåú äçæéø, àëåìPARSAH HECHZIR, ECHOL; PERASOS HECHZIR, ECHOL- if it retracted a hoof, you are permitted to eat it; if it retracted hoofs, you are permitted to eat it (the Gemara explains this statement immediately)

16)[line 19]÷ìåèKALUT- an animal with un-split hooves

17)[line 25]îàï éäéá ìï îòôøà ãøá åùîåàì åîìéðï òééðéï!MAN YAHIV LAN ME'AFRA D'RAV U'SHMUEL U'MALINAN EININ!- (a) who will give to us from the dust [from the graves] of Rav and Shmuel so that we could fill our eyes with it (as an expression of love and affection)! (ARUCH Erech Afar); (b) this is an expression that means, "Kevodam bi'Mekomam Munach" - "their honor (of Rav and Shmuel) lies in its proper place." That is, Rav and Shmuel are indeed great and their opinion carries weight, but in this case, bi'Mechilas Kevodam (begging their pardon), the Halachah does not follow their opinion (RAV GEDALYAH LIPSHITZ to Avodah Zarah 53b)

18)[line 28]çèàú ùéöúä çåõ ìîçéöúäCHATAS SHE'YATZESAH CHUTZ L'MECHITZASAH- a Korban Chatas (see Background to Menachos 61:16) that went out of its boundaries (source: Vayikra 6:23)

19)[line 30]ëéåï ãäãåø, ùøéKEIVAN D'HADUR, SHARI- once it returns [to its boundaries], it is [once again] permitted

20)[line 32]îòùø ùðéMA'ASER SHENI

(a)After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.

(b)The produce may not be eaten until both Terumos have been separated from it. Until the Terumos have been separated, the produce is called Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim (Sanhedrin 83a).

(c)A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.

(d)The tithe that is separated during the first, second, fourth and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought to Yerushalayim and eaten there by its owner. Anyone who eats Ma'aser Sheni produce outside of the walls of Yerushalayim (without Pidyon, redemption — see (e) below) receives Malkus (RAMBAM Hilchos Ma'aser Sheni 2:5). Once the Ma'aser Sheni produce enters the walls of Yerushalayim, it may not be redeemed. It is considered "Niklat," "captured" by the walls.

(e)Alternatively, Ma'aser Sheni produce may be redeemed (Pidyon), in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional fifth (of the ensuing total, or a quarter of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

21)[line 33]áëåøéíBIKURIM

(a)The Mitzvah of Bikurim consists of bringing the first fruits to emerge in one's field every year to the Beis ha'Mikdash. The verse states, "v'Hayah Ki Savo El ha'Aretz... vi'Yrishtah v'Yashavta Bah... v'Lakachta me'Reishis Kol Pri ha'Adamah..." - "And it shall be that when you come to the land... and you inherit it and you settle in it. You shall take of the first fruits of the land..." (Devarim 26:1-2). Each farmer enters the Azarah (courtyard) of the Beis ha'Mikdash with his Bikurim fruit in a decorative basket. While the basket is on his shoulder, he recites the Mikra Bikurim, specific verses from Devarim (26:3, 5-10) thanking HaSh-m for taking us out of Mitzrayim and giving us the land of Yisrael. He then places the basket of fruit at the base of the southwestern corner of the Mizbe'ach (RAMBAM Hilchos Bikurim 3:12) and bows down before HaSh-m. Afterwards, he gives the Bikurim to a Kohen (Mishnah Bikurim 3:8, RAMBAM ibid. 3:1). Live pigeons were a (voluntary) part of the adornment of the baskets of Bikurim. They were offered as Korbenos Olah when the Bikurim were brought (Menachos 58a).

(b)The Mitzvah of Bikurim applies only to the seven species with which the land of Eretz Yisrael was blessed (Devarim 8:8) — wheat, barley, grapes, figs, pomegranates, olives and dates (Bikurim 1:3, RAMBAM ibid. 2:2).

(c)Kohanim eat the Bikurim within the walls of Yerushalayim. If a person eats them outside of Yerushalayim after the Bikurim have entered Yerushalayim (according to the Rambam, or after the Bikurim have entered the Azarah according to Rashi to Makos 18b), he receives Malkus. They must be returned to, and eaten in Yerushalayim.

22)[line 43]éù ìéãä ìàáøéíYESH LEIDAH L'EIVARIM- (lit. there is stage of "birth" with regard to limbs) once a limb emerges from the fetus' mother's womb, it is considered "born," such that retracting it back into the womb does not change its status

23)[line 45]îàé áéðééäå?MAI BEINAIHU?- What is the difference between them? (i.e. between the teaching of the argument between Rav and Rebbi Yochanan by the scholars of Ma'arava and the Lishna Kama)

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