[23a - 39 lines; 23b - 50 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] Gemara 23b [line 24]:

The words "Amai?, Neizil v'Nizbun" אמאי ניזל וניזבון

should be "Neizil v'Nizbun?" (Rashi did not have the word "Amai" אמאי in his Girsa of the Gemara)

[2] Rashi 23b DH Lamah Li l'Meimar ד"ה למה לי למימר:

Should be corrected as suggested by Shitah Mekubetzes #17


1)[line 4]הערבHA'AREV- a guarantor (see below, entry #10)

2)[line 5]קינוניאKINUNYA- conspiracy (to defraud the Arev)

3a)[line 10]שכיב מרעSHECHIV MERA

A Shechiv Mera is a person lying on his deathbed. Normally, in order to transfer one's possessions to someone else, a proper Kinyan must be executed (such as Hagbahah, or Chazakah), which will later be written in a Shtar. The Chachamim instituted that a Shechiv Mera may effect a Kinyan and transfer his property by simply requesting verbally that the transfer take place (see Insights to Bava Basra 147:1). If he recovers, the Kinyan is not valid, because it is clear that he executed the Kinyan only because he thought that he was going to die.

b)[line 13]בריאBARI- with a healthy person, who can transfer ownership only by making a formal Kinyan

4)[line 15]אין אדם חוטא ולא לוEIN ADAM CHOTEI V'LO LO- a person does not commit a transgression unless he derives some benefit from it

5a)[line 21]נדר שהודר ברביםNEDER SHE'HUDAR BA'RABIM- a vow made in the presence of at least ten adult Jewish men. Some maintain that such a Neder cannot be annulled.

b)[line 21]נדר שהודר על דעת רביםNEDER SHE'HUDAR AL DA'AS RABIM- a vow that one makes in which he stipulates that the vow can be rescinded only with the consent of the public. Since it is impossible to attain the consent of everyone, the vow cannot be absolved. (See Insights to Gitin 36:1.)

6)[line 25]שאלהSHE'ELAH

(a)When an adult makes a Neder (or designates Chalah, Terumah or Hekdesh) or a Shevu'ah or Nezirus, and he regrets having made the Neder or Shevu'ah, he may have it revoked by a Beis Din of three (if they are not outstanding authorities) or a Yachid Mumcheh (an outstanding authority). The general method used is that Beis Din investigates whether the person would not have made the Neder or Shevu'ah in the first place had he been aware of a particular fact. This investigation provides the person with a "Pesach" (opening) with which the Beis Din can revoke the Neder or Shevu'ah.

(b)There is a Machlokes Rishonim as to the status of a Yachid Mumcheh. The RAN rules that he must be an outstanding Torah authority well versed in the laws of Nedarim. Others rule that in addition to the previous, the scholar must also have Semichah (RAMBAN, cited by the RAN in Nedarim 23a).

7)[line 30]הקדש טעותHEKDESH TA'US

(a)According to Beis Shamai, if a person consecrated something to Hekdesh based on a mistaken premise, the Hekdesh is valid. The Mishnah (Nazir 30b) gives the example of a person who was Makdish "the black ox that will be the first to emerge from this house," thinking that a black ox would come out first, but in fact a white ox emerged first. The Hekdesh is still valid, since the person really meant to be Makdish the first ox even if it would be white, and his statement was based on a mistaken presumption. (See Insights to Nazir 30:1.) Similarly, if a person wanted to say, "This ox should be an Olah," but at the time of his statement he mistakenly said, "This ox should be a Shelamim," the ox is a Shelamim according to Beis Shamai, since we ignore the fact that the statement was made by mistake. Beis Shamai learns this from the laws of Temurah (in the Gemara in Nazir there).

(b)One consequence of Beis Shamai's ruling is that one cannot be Sho'el on Hekdesh (i.e. ask a Chacham to revoke it). She'elah is accomplished by showing that the Neder (in this case, the Neder of Hekdesh) was based on a mistaken premise; according to Beis Shamai, though, even if the Hekdesh was based on a mistaken premise it is still valid. (See also Insights to Nazir 32:1.)

(c)Beis Hillel argues with Beis Shamai and maintains that an oath to make something Hekdesh that was made on a mistaken premise can be annulled, because such an oath is not absolutely binding.

8)[line 33]דחיקא ליה מילתאDECHIKA LEI MILSA- and he was hard-pressed for money

9)[line 37]בתר עניא אזלא עניותאBASAR ANYA AZIL ANIYUSA- poverty follows a pauper


10)[line 1]קבלןKABLAN (AREV KABLAN)

(a)An Arev is a guarantor for a loan who accepts upon himself to pay back the loan instead of the borrower, under certain circumstances.

(b)There are different levels of guarantors. A normal guarantor only has to pay back the loan if the borrower cannot pay. In the case of an Arev Kablan, the lender may approach the Arev Kablan to pay even if the lender has not yet asked the borrower to pay.

11)[line 3]לית ליה לא משתעבדLEIS LEI, LO MISHTA'ABED- when the borrower has no property (that can be collateralized to the loan) at the time he takes the loan, the guarantor does not intend to commit himself to be indebted for the borrower's debt. (In the case of the Gemara here, even though the husband gave money for the Kesuvah to the Kablan and the Kablan returned it to him (so the husband must have some money), nevertheless the money given to the Kablan only equals a portion of the Kesuvah and not the entire Kesuvah.)

12)[line 5]ואישתדוףV'ISHTADUF- and they were destroyed by blight

13)[line 30]הקדיש תשעים מנה והיה חובו מאה מנהHIKDISH TISH'IM MANEH, V'HAYAH CHOVO ME'AH MANEH- he consecrated 90 Maneh for Hekdesh, and he had a debt of 100 Maneh (that he owed to a creditor). The Tana of the Mishnah specifies a situation in which the amount of the loan is more than the amount of the Hekdesh in order to show that he disagrees with the opinion of Raban Shimon ben Gamliel (as the Gemara says). However, the same law applies when the two amounts are equal (or when the loan is less than the amount of the Hekdesh; see Insights).

14)[line 42]מטה מוצעתMITAH MUTZA'AS- a bed that is laid out with its bedding

15)[line 43]אומןUMAN- craftsman

16)[line 44]חרשCHARASH- a carpenter

17)[line 45]מצעדיןMATZ'ADIN- adzes (a type of small ax)

18)[line 45]מגירותMEGEIROS- saws

19)[line 46]איכרIKAR- a farmer

20)[line 46]צמדוTZIMDO- his pair of working animals tied to a yoke

21)[line 46]חמרCHAMAR- a donkey-driver