[89a - 51 lines; 89b - 33 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] It appears that Tosfos did not have our edition of Rashi, from the beginning of the Perek until Daf 92b (on top of the page).

(a) This seems apparent 1. from the fact that Tosfos asks Rashi's questions and answers them without mentioning that Rashi preceded him. For example, see Tosfos to Daf 90a DH Alma; to Daf 90b DH Shel, DH bi'Shelosha, DH Ela; to Daf 91a DH k'Man, DH Ela; etc. 2. since he quotes Rashi on Daf 90a DH Alma as saying something that is not mentioned in our Rashi (as noted by the Rosh Yosef and many Acharonim). Tosfos to Daf 83b DH Shenei also seems to quote a Rashi from Daf 91a that does not appear in our edition (see Maharsha there). 3. since Rashi himself to Daf 91a (DH ul'Rebbi Yehudah) explains the Sugya in a manner to which he strongly objects on Daf 83a DH d'Leis Bei; and Rashi to Daf 91b (DH she'Hispalelu) explains the Gemara in a manner that differs greatly from his commentary to the Torah (Parashas va'Yetzei, 28:17, see Ramban on the Torah there.)

(b) Apparently, the Peirush Rashi to these pages is an earlier version of Rashi (see Girsa section to Chulin 81:2), which he later rewrote. (M. KORNFELD)

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1)[line 1]"àÄí îÄçåÌè åÀòÇã ùÒÀøåÉêÀ ðÇòÇì, [åÀàÄí àÆ÷ÌÇç îÄëÌÈì àÂùÑÆø ìÈêÀ, åÀìÉà úÉàîÇø, 'àÂðÄé äÆòÁùÑÇøÀúÌÄé àÆú àÇáÀøÈí.']""IM MI'CHUT V'AD SEROCH NA'AL ..."- "I will not take from a thread to a sandal strap, [and I will not take anything that is yours, lest you should say, 'I have made Avram rich.']" (Bereishis 14:23)

2)[line 2]ìçåè ùì úëìúL'CHUT SHEL TECHELES (TZITZIS: TECHELES)

(a)There is a Mitzvah to wear Tzitzis (fringes) on four-cornered garments, as it states in the Torah (Devarim 22:12). Beis Shamai and Beis Hillel argue (Menachos 41b) whether one must double over three strings through each hole of the garment (Beis Hillel), or whether one must double over four strings (Beis Shamai).

(b)Techeles is a greenish-blue dye used to dye some of the woolen strings used for Tzitzis. The dye is obtained from the Chilazon, possibly the underwater snail murex trunculus (see Dafyomi Advancement Forum to Maseches Menachos, Special Techeles Section or Insights to Menachos 44:1). The "Pesil Techeles" - the "string of Techeles" (Bamidbar 15:38) is the most important part of a four-cornered garment since through it one is able to completely fulfill the Mitzvah of Tzitzis mid'Oraisa. The exact process for obtaining the Techeles dye is not known today (see Insights ibid.).

3)[line 5]ø' àìéòæø äâãåìREBBI ELIEZER HA'GADOL- Rebbi Eliezer ben Horkenos

4)[line 8]äöáòåðéïHA'TZIV'ONIN- the colors

5)[line 9]åàáï ñôéøV'EVEN SAPIR- sapphire

6)[line 10]"åÇéÌÄøÀàåÌ àÅú àÁìÉ÷Åé éÄùÒÀøÈàÅì, åÀúÇçÇú øÇâÀìÈéå [ëÌÀîÇòÂùÒÅä ìÄáÀðÇú äÇñÌÇôÌÄéø, åÌëÀòÆöÆí äÇùÑÌÈîÇéÄí ìÈèÉäÇø.]""VA'YIR'U ES ELOKEI YISRAEL, V'SACHAS RAGLAV [K'MA'ASEI LIVNAS HA'SAPIR, UCH'ETZEM HA'SHAMAYIM LA'TOHAR.]"- "And they saw the G-d of Yisrael, and beneath His feet [were the like of sapphire brickwork, and similar to the very heavens for purity.]" (Shemos 24:10)

7)[line 12]"... ëÌÀîÇøÀàÅä àÆáÆï ñÇôÌÄéø ãÌÀîåÌú ëÌÄñÌÅà ...""... K'MAR'EH EVEN SAPIR DEMUS KISEI ..."- "... like the appearance of a sapphire stone, the likeness of a throne ..." (Yechezkel 1:26)

8)[line 13]âæì äðàëìGEZEL HA'NE'ECHAL- stolen goods that have been consumed

9)[line 14]"áÌÄìÀòÈãÇé; øÇ÷ àÂùÑÆø àÈëÀìåÌ äÇðÌÀòÈøÄéí, [åÀçÅìÆ÷ äÈàÂðÈùÑÄéí àÂùÑÆø äÈìÀëåÌ àÄúÌÄé òÈðÅø; àÆùÑÀëÌÉì åÌîÇîÀøÅà, äÅí éÄ÷ÀçåÌ çÆìÀ÷Èí.]""BIL'ADAI; RAK ASHER ACHLU HA'NE'ARIM..."- as it states, "Save only what the boys ate..." (Bereishis 14:24) - Avram told the king of Sedom that he would not take anything that had belonged to him before the war, except for the food from the spoils that his soldiers ate; this, he realized, could not be returned. Even though they rightfully belonged to Avram through Kinyan Kibush (acquisition through conquest in war) and through the relinquishment of the king of Sedom (Bereishis 14:21), Avram felt that at his level of spirituality, taking them would be tantamount to robbery.

10)[line 18]áäâãäB'HAGADAH- Agadah (homiletic, non-Halachic parts of Torah)

11)[line 18]òùä àæðéê ëàôøëñúASEI AZNECHA K'AFARCHESES- make your ear like a mill hopper (O.F. tremuie), a large funnel through which grain is channeled to the grinding area of a mill, to listen intently to the teachings of Rebbi Eliezer beno Shel Rebbi Yosi ha'Gelili

12)[line 19]"ìÉà îÅøËáÌÀëÆí îÄëÌÈì äÈòÇîÌÄéí çÈùÑÇ÷ ä' áÌÈëÆí [åÇéÌÄáÀçÇø áÌÈëÆí, ëÌÄé àÇúÌÆí äÇîÀòÇè îÄëÌÈì äÈòÇîÌÄéí.]""LO ME'RUBCHEM MI'KOL HA'AMIM CHASHAK HASH-M BACHEM ..."- "Not because you are more numerous than all of the nations did HaSh-m desire you ..." (Devarim 7:7)

13)[line 23]"... åÀàÈðÉëÄé òÈôÈø åÈàÅôÆø.""... V'ANOCHI AFAR VA'EFER."- "... and I am dust and ashes." (Bereishis 18:27)

14)[line 24]"... åÀðÇçÀðåÌ îÈä ...""... V'NACHNU MAH ..."- "... and we are nothing ..." (Shemos 16:7)

15)[line 25]"åÀàÈðÉëÄé úåÉìÇòÇú åÀìÉà àÄéùÑ ...""V'ANOCHI SOLA'AS V'LO ISH ..."- "And I am a worm and not a man ..." (Tehilim 22:7)

16)[line 26]"... äÈáÈä ðÄáÀðÆä ìÌÈðåÌ òÄéø ...""... HAVAH NIVNEH LANU IR ..."- "... let us build for ourselves a city ..." (Bereishis 11:4) - Nimrod was the king during the Dor ha'Pelagah, the Generation of the Dispersion, which built the Tower of Bavel at his suggestion (Bereishis 11:1-9). The Gemara (Sanhedrin 109a) records that the members of that generation intended to use the tower to ascend to the heavens. However, they were divided into three distinct groups: those who intended to settle there; those who intended to worship idolatry there; and those who intended to wage war against HaSh-m there.

17)[line 28]"îÄé, áÌÀëÈì àÁìÉäÅé äÈàÂøÈöåÉú, [àÂùÑÆø äÄöÌÄéìåÌ àÆú àÇøÀöÈí îÄéÌÈãÄé, ëÌÄé éÇöÌÄéì ä' àÆú éÀøåÌùÑÈìÇéí îÄéÌÈãÄé?]""MI, V'CHOL ELOHEI HA'ARATZOS, [ASHER HITZILU ES ARTZAM MI'YADI, KI YATZIL HASH-M ES YERUSHALAYIM MI'YADI?]" - "Who, of all of the gods of the lands, [was able to save his land from my [conquering] hand, that HaSh-m should be able to save Yerushalayim from my hand?]" (Melachim II 18:35) (Rav-Shakeh's Blasphemy)

(a)In the fourteenth year of Chizkiyahu's reign, Sancheriv, king of Ashur — having completed the exile of the ten tribes — turned to Yehudah. He succeeded in seizing all the fortified cities, and set his sights on Yerushalayim. When Chizkiyahu apologized for having rebelled against him, he imposed a hefty fine on him. To pay this fine, Chizkiyahu found it necessary to empty the Temple treasury and even to cut down the valuable doors of the Heichal, all of which he handed to Sancheriv.

(b)The king of Ashur tricked Chizkiyahu, because after Chizkiyahu paid the fine, Sancheriv sent a large army to besiege Yerushalayim under his general Rav-Shakeh (an apostate Jew).

(c)Rav-Shakeh called for the Jewish king to appear and listen to his message, but three dignitaries appeared on the wall, led by Elyakim ben Chilkiyah, who was in charge of the king's household. Addressing himself to Chizkiyahu, Rav-Shakeh proceeded to chide him for placing his trust in Egypt, whom he compared to a broken cane. Worse than that, he mocked him for trusting in HaSh-m, Who, Rav-Shakeh asserted, would not save Chizkiyahu, despite of all his efforts to clear Yisrael of all the Bamos and forbidden altars. Moreover, he said, on the contrary — it was with HaSh-m's blessing that the Assyrian army had reached Yerushalayim, and Chizkiyahu's soldiers, in their weak state, were no match for them.

(d)Elyakim ben Chilkiyahu and the other dignitaries pleaded with Rav-Shakeh to change from Lashon ha'Kodesh (the language in which he was speaking) to Aramaic, which only they understood but not the people. Their intention was that the people should not hear his harsh words (which did not concern them). Rav-Shakeh had different ideas; his response is contained in this verse, with reference to the hunger that would accompany the siege that was about to begin.

(e)Unfortunately, what Rav-Shakeh had said until now was nothing compared to what he was about to say. Pointing out how no god had saved his nation from the hand of Sancheriv, he went on to compare HaSh-m (kiv'Yachol) to all the other gods. Since they did not succeed, HaSh-m (kiv'Yachol) also would not succeed.

(f)Following Rav-Shakeh's blasphemous speech, the three men rent their garments and went to inform Chizkiyahu ha'Melech, who did likewise when he heard what Rav-Shakeh had said.

(g)The only positive aspect of his words, which were not his own, of course, but those of his master Sancheriv, was his inferred praise of Eretz Yisrael. For this HaSh-m rewarded Sancheriv by conferring upon him the title "the great and venerated Asnapar" (see Ezra 4:10).

18)[line 29]"àÆòÁìÆä òÇì áÌÈîÃúÅé òÈá; àÆãÌÇîÌÆä ìÀòÆìÀéåÉï.""E'ELEH AL BAMASEI AV; EDAMEH L'ELYON."- "I will ascend above the heights of the clouds; I will be like the Most High." (Yeshayah 14:14)

19)[line 29]ìçéøí îìê öåøCHIRAM MELECH TZOR- Hiram, the king of Tyre

20)[line 30]"[áÌÆï àÈãÈí, àÁîÉø ìÄðÀâÄéã öÉø, 'ëÌÉä àÈîÇø àÂãÉðÈé ä', "éÇòÇï âÌÈáÇäÌ ìÄáÌÀêÈ, åÇúÌÉàîÆø, 'àÅì àÈðÄé,] îåÉùÑÇá àÁìÉäÄéí éÈùÑÇáÀúÌÄé áÌÀìÅá éÇîÌÄéí'; [åÀàÇúÌÈä àÈãÈí åÀìÉà àÅì, åÇúÌÄúÌÅï ìÄáÌÀêÈ ëÌÀìÅá àÁìÉ÷Äéí".']""... MOSHAV ELOKIM YASHAVTI B'LEV YAMIM ..."- "[Son of man, say to the prince of Tzor, 'Thus says HaSh-m Elokim, "Because your heart is raised, and you have said,] 'I am a god, I sit in the seat of god in the midst of the seas'; [yet you are a man and not G-d, though you set your heart as the heart of G-d."']" (Yechezkel 28:2)

21)[line 36]"... úÌÉìÆä àÆøÆõ òÇì áÌÀìÄé îÈä.""... TOLEH ERETZ AL BELIMAH"- and it states there, "he (HaSh-m) suspends the world on nothing." (Iyov 26:7) - The Gemara interprets that HaSh-m maintains the world because of those two righteous people who said that they are "Beli Mah," without anything of significance, when they stated "v'Nachnu Mah."

22)[line 38]îé ùáåìí àú òöîå áùòú îøéáäMI SHE'BOLEM ES ATZMO BI'SHE'AS MERIVAH- one who restrains himself in the middle of a fight

23)[line 40]"... åÌîÄúÌÇçÇú æÀøÉòÉú òåÉìÈí ...""... UMI'TACHAS ZERO'OS OLAM ..."- "... and below [the heavens] are the mighty ones of the world ..." (Devarim 33:27) - The Gemara interprets this verse to mean, "and [those who place themselves] below [all others,] are the mighty ones of the world."

24)[line 40]" äÇàËîÀðÈí àÅìÆí öÆãÆ÷ úÌÀãÇáÌÅøåÌï? îÅéùÑÈøÄéí úÌÄùÑÀôÌÀèåÌ, áÌÀðÅé àÈãÈí?""HA'UMNAM ELEM TZEDEK TEDABERUN? MEISHARIM TISHPETU, BNEI ADAM?"- "Do you indeed decree what is right? Do you judge uprightly, sons of men?" (Tehilim 58:2)

25a)[line 41?]îä àåîðåúå ùì àãí áòåìí äæäMAH UMNUSO SHEL ADAM B'OLAM HA'ZEH?- What is the art of a person in this world?

b)[line 42]éùéí òöîå ëàìíYASIM ATZMO K'ILEM- he shall make himself like a mute

26a)[line 42]éëåì àó ìãáøé úåøäYACHOL AF L'DIVREI TORAH?- I might have thought that [one should make himself as a mute] also with regards to words of the Torah

b)[line 43]éëåì éâéñ ãòúåYACHOL YAGIS DA'ATO- I might have thought that this means that one should act haughtily [because he knows words of the Torah]

27)[line 44]áòôø òéø äðãçúB'AFAR IR HA'NIDACHAS (IR HA'NIDACHAS)

(a)A city that was led astray (Nidach) to the extent that its inhabitants willfully committed idolatry, must be destroyed. All of those who were led astray must be killed and the city burned, along with all of the possessions of its inhabitants, as stated in Devarim 13:13-19. The righteous people who were not led astray are not killed, but their possessions are burned. The Madichim, those who influenced the city to commit idolatry, are punished with Sekilah (stoning) (RAMBAM Hilchos Avodas Kochavim 4:1).

(b)Other requirements to classify a city as an Ir ha'Nidachas are that the Madichim must be male residents of the city and must be from the same tribe to which the city belongs. There must be at least two Madichim, who must influence the majority of the city (with a minimum of 100 people). In addition, the city cannot be a border town (RAMBAM ibid. 4:2).

28)[line 45]òôøäAFAR (AFARAH) [EFRAH]- the earth below its ashes

29)[line 45]"åÀàÆú ëÌÈì ùÑÀìÈìÈäÌ úÌÄ÷ÀáÌÉõ àÆì úÌåÉêÀ øÀçÉáÈäÌ åÀùÒÈøÇôÀúÌÈ [áÈàÅùÑ àÆú äÈòÄéø åÀàÆú ëÌÈì ùÑÀìÈìÈäÌ ëÌÈìÄéì ìÇä' àÁìÉ÷ÆéêÈ; åÀäÈéÀúÈä úÌÅì òåÉìÈí; ìÉà úÄáÌÈðÆä òåÉã.]""V'ES KOL SHELALAH TIKBOTZ EL TOCH RECHOVAH V'SARAFTA..."- "And you shall gather all the plunder of it into the midst of its town square and you shall burn [the city and all of its the plunder with fire to HaSh-m your G-d; and it shall be a heap forever; it shall not be built again.]" (Devarim 13:17)

30)[line 47]îöåú ìàå ìéäðåú ðéúðåMITZVOS LAV LEIHANOS NITNU - Hash-m did not give us the Mitzvos in order that we should experience physical pleasure; therefore, even though something is Asur b'Hana'ah it may be used for a Mitzvah.

(a)The Torah classifies many objects as Isurei Hana'ah (items from which it is prohibited to benefit), such as Orlah (see Background to Menachos 69:45), Kil'ei ha'Kerem (see Background to Chulin 82:10), Eglah Arufah (see Background to Chulin 81:13), Tziporei Metzora (see Background to Chulin 82:5), a Nazir's hair (see Background to Avodah Zarah 74:5), Shor ha'Niskal (see Background to Chulin 81:12), Avodah Zarah (see next entry), Ir ha'Nidachas (see above, entry #27), Peter Chamor (see Background to Menachos 67:12b), Basar b'Chalav (see Background to Avodah Zarah 74:7), Chulin she'Nishchetu ba'Azarah (see Background to Avodah Zarah 74:9) and a dead body (see Gemara Avodah Zarah 29b) and its grave or shrouds (see Background to Bava Basra 137:9).

(b)The Amora'im argue as to whether it is possible to perform a Mitzvah using one of the objects listed above. Does the performance of a Mitzvah constitute "benefit" which is forbidden? Rava rules that the Torah does not include the performance of a Mitzvah in the prohibition of deriving benefit from Isurei Hana'ah. Rather, Mitzvos are required obligations which are incumbent upon us, and they are not done for our "benefit." Therefore, performing a Mitzvah with one of the Isurei Hana'ah is permitted.

(c)One exception to this ruling is that even according to the opinion that Mitzvos may not be described as "benefit," performing a Mitzvah using Avodah Zarah is nevertheless prohibited. Avodah Zarah is "Ma'us," disgusting before HaSh-m, and it is not proper to use it in the performance of a Mitzvah.

31)[line 48]ùåôø ùì òáåãú ëåëáéíSHOFAR SHEL AVODAS KOCHAVIM (AVODAH ZARAH: MESHAMSHEI AVODAH ZARAH)

(a)An object that is worshipped as Avodah Zarah, e.g. an idol, becomes Asur b'Hana'ah — it is forbidden to derive any benefit from it. One who benefits from such an object receives Malkus two times, once for the prohibition in Devarim 7:26 and once for the prohibition in Devarim 13:18. Similarly, an object that was used in the service of Avodah Zarah ("Meshamshei Avodah Zarah") is also Asur b'Hana'ah, as the verse states in Devarim 12:2 (Avodah Zarah 51b), and an object that was offered to an Avodah Zarah is Asur b'Hana'ah, as the verse states in Tehilim 106:28 (Avodah Zarah 50a). Objects of Avodah Zarah themselves and the utensils that are used in their service must be destroyed, as it states in Devarim 7:5 and 12:2. Money paid in exchange for an item of Avodah Zarah becomes forbidden (Asur b'Hana'ah) like the Avodah Zarah itself.

(b)The Tana'im argue whether an Avodah Zarah becomes Asur b'Hana'ah immediately when the object is set up as an idol, or only after it has been worshipped (Avodah Zarah 51b). An object used in the service of Avodah Zarah becomes Asur b'Hana'ah only when it is used to serve the Avodah Zarah. In addition, an object used to beautify the Avodah Zarah ("Noy Avodah Zarah") becomes Asur b'Hana'ah, as the verse states, "Lo Sachmod Kesef v'Zahav..." (Devarim 7:25; Avodah Zarah 51b).

(c)There are certain types of objects that do not become prohibited when they are worshipped or used in the service of Avodah Zarah:

1.Animals do not become prohibited (Avodah Zarah 46a).

2.An object that is attached ("Mechubar") to the ground and that was always attached and was never manipulated by human hands does not become prohibited (Avodah Zarah 45a).

(i)The Tana'im argue whether or not a tree that was planted by a person and that did not grow by itself becomes prohibited when worshipped or not. Everyone agrees, however, that a tree that was initially planted in order to be worshipped as an Avodah Zarah becomes prohibited (Avodah Zarah 45b). Some maintain that the part of the tree that grows after it was worshipped becomes Asur b'Hana'ah according to all opinions (Avodah Zarah 48a).

(ii)Any object that does not grow from the ground but that was attached to the ground by a person's action, such as a house, becomes Asur b'Hana'ah when worshipped according to all opinions. According to RASHI (to Avodah Zarah 46a), even a tree that already grew and was uprooted and replanted in another place becomes Asur b'Hana'ah when worshipped (see TOSFOS to Avodah Zarah 45b and Insights to Avodah Zarah 46a).

3.When an object belonging to one person is worshipped as an idol by another person (without the owner's permission), the object does not become Asur b'Hana'ah.

(d)Even though animals, and objects that are attached to the ground, do not become Asur b'Hana'ah (as mentioned above), nevertheless they become invalidated from being used for holy purposes, such as bringing such an animal as a Korban, or building a Mizbe'ach out of stones that were worshipped. Even though they are not Asur b'Hana'ah, they are considered abhorrent to be used for a holy purpose (Avodah Zarah 46b-47a). The Gemara (ibid.) is in doubt whether or not such objects may be used for other forms of Mitzvos, such as performing the Mitzvah of Lulav with the branch of a tree that was worshipped. Most Rishonim (see RITVA to Avodah Zarah 54a) maintain that an object that was worshipped by someone who does not own the object does not become prohibited even for holy purposes, such as being offered as a Korban, as the Gemara in Chulin (Daf 40a) mentions. The RAMBAM, however, maintains that such an object does become prohibited for holy purposes (Hilchos Isurei Mizbe'ach 4:6).

(e)Similarly, even though animals, objects that are attached to the ground, and an object that does not belong to the one worshipping it do not become Asur b'Hana'ah when worshipped as Avodah Zarah, nevertheless they do become Asur b'Hana'ah when they are worshipped with a physical action. Therefore, if one pours a wine libation on an animal that does not belong to him, or if one began to slaughter an animal to an idol, the animal becomes Asur b'Hana'ah even for ordinary uses.

(f)Under certain circumstances, an object that became Asur b'Hana'ah by being worshipped as an idol can become permitted through "Bitul" (see Background to Avodah Zarah 52:6).

89b----------------------------------------89b

32)[line 1]ùéòåøà áòéðïSHI'URA BA'INAN- a required size is needed [for the performance of those Mitzvos]

33a)[line 1]òáåãú ëåëáéí ëúåúé îëúú ùéòåøàAVODAS KOCHAVIM, KETUTEI MICHTAS SHI'URA - The obligation to destroy it gives it a status of already having being destroyed. Consequently, it does not have the proper size, because it is considered as crushed to powder

(a)Many Mitzvos of the Torah require a specified amount of a certain item, such as a k'Zayis for the Mitzvah of eating Matzah, four Tefachim for the Mitzvah of Lulav, or a Shofar which is at least a handbreadth in length.

(b)When there is a Mitzvah to burn a certain object, that object is considered already burned and reduced to ashes. We look upon it as separate particles of ash that happen to be stuck together. As such, we do not use it for any Mitzvah that has a size requirement, since it is considered as having infinitesimally small particles.

(c)The Rishonim argue as to how broadly this rule is applied:

1.Some contend that it applies to all Isurei Hana'ah (objects from which it is forbidden to derive benefit)

2.Others maintain that it only applies to those items that are burned (i.e. those items which may not be simply buried or otherwise obliterated)

3.Another opinion is that it applies only to items for which there is a positive Mitzvah to burn

4.Yet others imply that it applies only to items that the Torah (as opposed to the Rabanan) gives us a positive Mitzvah to burn. (See TOSFOS to Yevamos 104a, at the top, TOSFOS to Sukah 35a DH Lefi, and Rishonim there).

5.Another point in question is whether the Halachah of Ketutei Michtas Shi'urei is linked to the opinion of Rebbi Shimon (who rules that "All that is meant to be burned is considered as already burned" — Menachos 102b). According to the Rishonim that link the two laws, the Rabanan who argue with Rebbi Shimon do not hold of the rule that Ketutei Michtas Shi'urei (RITVA to Sukah 31b, see also RASHI here DH Shi'ura and elsewhere regarding Ketutei Michtas Shi'urei).

b)[line 2]äëà, ëì îä ãîëúú, îòìé ìëñåéHACHA, KOL MAH D'MICHTAS, MA'ALEI L'CHISUY- here [with regard to Kisuy ha'Dam], the more it is crushed, the better it covers [blood]

PEREK #7 GID HA'NASHEH

34a)[line 4]âéã äðùäGID HA'NASHEH (INTRODUCTION TO PEREK GID HA'NASHEH)

(a)The Torah relates that upon Yakov's return to the land of Kena'an, he was attacked by an angel (the Midrash states that is was the angel of Esav). When the angel saw that he could not defeat Yakov, he touched the upper joint of Yakov's thigh, dislocating his hip joint. Nevertheless, Yakov was victorious and would not release the angel until the angel blessed him. The angel informed Yakov that HaSh-m would change his name to Yisrael because he had fought with a divine being and won. In the morning, Yakov was limping because of his damaged thigh. The Torah relates that it is therefore forbidden to all of his descendants to eat the sciatic nerve (Gid ha'Nasheh) on the hip joint.

(b)According to the SEFER HA'HINUCH, this episode is also an allusion to the future. Even though Yakov's descendants would suffer greatly in the diaspora under the rule of many nations and in particular, under the ruthless descendants of Esav, nevertheless they are assured that they will not perish. Rather, their progeny and their name will last forever, and a redeemer will come to redeem them from their adversaries. By remembering this through the Mitzvah of Gid ha'Nasheh, they will stand firm in their faith and righteousness. The angel of Esav who fought with Yakov wanted to uproot him and his descendants from the world but was not able to do so. Instead, the angel afflicted Yakov by touching his thigh, hinting to the fact that the descendants of Esav will injure Yakov's descendants. Ultimately, the descendants of Yakov will be saved, just as we find that Hash-m healed Yakov and relieved him from his pain. The "sun" of Mashi'ach will shine for us and heal us from our pain and redeem us.

b)[line 4]âéã äðùäGID HA'NASHEH

(a)The Gid ha'Nasheh is the sciatic nerve, the large main nerve of the lower extremity, running down the back of the leg. Eating the part of the Gid ha'Nasheh that is located on the rounded part of flesh ("Kaf") that is situated on the hipbone is prohibited by the Torah (Bereishis 32:33). Rebbi Yehudah (Pesachim 83b, Chulin 90b) rules that the prohibition only applies to one leg. There is a question whether he says that it "definitely applies" or "most likely applies" to the right leg. According to the other Tana'im, the prohibition applies to both legs (and the Halachah follows this opinion).

(b)The prohibition against eating the Gid ha'Nasheh applies only to wild or domestic four-legged animals but not to birds.

(c)Besides the Gid that is prohibited by the Torah, the Rabanan prohibited certain nearby fats and nerves.

(d)Rebbi Yehudah (Chulin 100b) states that Gid ha'Nasheh was prohibited to the sons of Yakov, who were considered Benei Noach before HaSh-m gave the Torah to Benei Yisrael on Mount Sinai. The Rabanan argue, claiming that the prohibition was only given to Benei Yisrael on Mount Sinai. HaSh-m, however, instructed Moshe to write the verse along with the story of Yakov as an injunction for the future, to reveal the reason for the prohibition (see previous entry). Even Rebbi Yehudah agrees that only Benei Yisrael, and not all Benei Noach, were commanded not to eat the Gid ha'Nasheh, as the verse states, "Al Ken Lo Yochlu Venei Yisrael Es Gid Ha'Nasheh..." (Bereishis ibid.)

35)[line 8]ùàéï ìå ëóSHE'EIN LO KAF- because it does not have a Kaf, (O.F. polpe), the fleshy part of the thigh (covering the top of the femur or thigh bone)

36)[line 8]áùìéìB'SHLIL- a fully-formed (having developed for nine months — RASHI), live animal that is found in its mother's womb after her slaughter

37)[line 9]çìáå îåúøCHELBO MUTAR- the Chelev (usually, the forbidden fat) of the Shelil is permitted to be eaten (RASHI)

38)[line 14]éù áâéãéï áðåúï èòí / àéï áâéãéï áðåúï èòíYESH B'GIDIN B'NOSEN TA'AM / EIN B'GIDIN B'NOSEN TA'AM - nerves have / do not have a taste that they may transfer to other foods

(a)The Tana'im disagree (in our Sugya and in Chulin 99b) if Gidin (the nerves) have a taste that they may transfer to meat when they are cooked together or not. A number of Halachos depend upon this question:

1.If the Gid ha'Nasheh, which is Asur b'Hana'ah, was cooked together with meat, is the meat prohibited or not? If Gidin do not transfer their taste to food, the meat is permitted (Chulin 99b).

2.Is the Gid ha'Nasheh of a non-Kosher or Hekdesh animal prohibited to be eaten only because it is a Gid ha'Nasheh, or also because it is not Kosher or Hekdesh? According to the Tana'im who rule that Ein b'Gidin b'Nosen Ta'am, the Gid is not considered like meat but rather like an inedible bone, to which the prohibitions of eating non-Kosher animals or being Hekdesh do not apply (Chulin 89b, 100b).

3.Is the Gid ha'Nasheh Mutar b'Hana'ah (is one permitted to derive benefit from it)? The Torah decrees that all meat of a Neveilah (an animal that is killed or dies without proper Halachic slaughter) is Mutar b'Hana'ah (Devarim 14:21). Included in the carcass of a Neveilah is the Gid ha'Nasheh, which, therefore, should also be Mutar b'Hana'ah. However, according to the Tana'im who rule Ein b'Gidin b'Nosen Ta'am, the Gid is not considered to be the meat of the Neveilah, rather, it is like its bones. Only the meat of a Neveilah is Mutar b'Hana'ah, and it follows accordingly that the Gid remains Asur b'Hana'ah (RASHI 22a, 23b).

39)[line 14]àúé àéñåø îå÷ãùéï åçééì ààéñåø âéãASI ISUR MUKDASHIN V'CHAYIL A'ISUR GID (ISUR CHAL AL ISUR)

(a)An object that is already prohibited by one Isur Torah cannot become prohibited by a second one (Ein Isur Chal Al Isur). However, there are a number of possible exceptions to this principle (when we rule Isur Chal Al Isur) that are debated by the Tana'im (Chulin 101a):

1.Isur b'Vas Achas - Two Isurim may take effect at the same instant to prohibit the same object.

2.Isur Kollel - The second Isur may take effect if it includes objects that the first Isur did not (e.g. Yom ha'Kipurim prohibits not only the eating of Neveilos, but Kosher foods as well. Similarly, our Sugya mentions the Isurim of Neveilah and Tereifah, which prohibit not only the Chelev of the animal, but its meat, as well).

3.Isur Mosif - The second Isur may take effect if it adds a new dimension of Isur to the first (e.g. it prohibits the object to people who were not included in the first Isur, or it makes the object Asur b'Hana'ah and not just Asur to be eaten.)

4.Isur Chamur (according to Rebbi Yehudah) - A more stringent Isur can take effect on an object that is already prohibited by a less stringent Isur (e.g. the prohibition of Gid ha'Nasheh is more stringent than the prohibition of non-Kosher animals, since it applied to Benei Yakov when they were still permitted to eat non-Kosher animals).

(b)According to Rebbi Shimon, an object that is already prohibited can never become prohibited by another Isur, even if the second Isur is Kolel, Mosif or Chamur.

40)[line 22]åìãåú ÷ãùéí áîòé àîï äï ÷ãåùéí / åìãåú ÷ãùéí áäååéúï äï ÷ãåùéíVELADOS KODASHIM BI'ME'EI IMAN HEN KEDOSHIM / VELADOS KODASHIM B'HAVAYASAN HEN KEDOSHIM

There is an argument as to whether the offspring of animals of Kodshim become themselves sanctified when they emerge from their mother's womb ("b'Havayasan"), or whether they become sanctified as soon as they are formed in the womb ("b'Me'ei Iman").

41)[line 29]òì àìå èåîàåú äðæéø îâìçAL ELU TUM'OS HA'NAZIR MEGALE'ACH (TIGLACHAS NAZIR TAMEI: TUM'OS SHEHA'NAZIR MEGALE'ACH ALAV)

(a)If a person makes a vow to become a Nazir without stipulating a time period, his or her Nezirus lasts for a period of thirty days. If the person stipulates a time period, his or her Nezirus lasts for whatever amount of time he stipulated. During this period, the Nazir is not allowed to 1. cut his hair; 2. become Tamei by touching or being in the same room as a corpse; or 3. consume any products of the grapevine (Bamidbar 6:1-21, SEFER HA'CHINUCH #377). Transgressing any one of these prohibitions makes the Nazir liable to Malkus, as long as he was warned beforehand.

(b)If an ordinary Nazir becomes Tamei through contact with or being in the same room as a corpse, on the third and seventh days he must be sprinkled with water that has the ashes of the Parah Adumah in it (see Background to Chulin 81:11) to become Tahor. On the seventh day of his purification he shaves off the hair of his head. On the eighth day, he brings the sacrifices of a Nazir who becomes Tamei and begins counting anew the days of Nezirus that he accepted upon himself. The sacrifices he brings are two Torim (turtledoves) or two Benei Yonah (young common doves), one as a Chatas and one as an Olah. He must also bring a yearling sheep as an Asham. (These Korbanos and this shaving are in addition to the Korbanos and shaving that he, and every Nazir, brings upon the completion of his Nezirus.)

(c)When a Nazir completes his period of Nezirus, he must offer three sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram as a Shelamim. Together with the Shelamim he brings 6 and 2/3 Esronos of Soles (fine flour), which are made into 20 loaves of Matzah, 10 Chalos (unleavened loaves of Matzah) and 10 Rekikin (flat Matzos). He then shaves off the hair of his head and burns it under the cauldron in which the Zero'a of the Shelamim is cooked (Bamidbar 6:18).

42)[last line]ìðôì ùìà ð÷ùøå àáøéå áâéãéïL'NEFEL SHE'LO NIKSHERU EIVARAV B'GIDIN- a stillborn fetus, the limbs of which have not developed veins, sinews or nerves

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