12th CYCLE DEDICATION
GITIN 55 (4 Elul) - Dedicated l'Iluy Nishmas Chaim Yisachar (ben Yaakov) Smulewitz of Cleveland on his Yahrzeit, by his daughter and son in law, Jeri & Eli Turkel of Raanana, Israel.

[a - 38 lines; b - 57 lines]

1)[line 1]טעי בדר' ירמיהTA'I BED'REBBI YIRMIYAH- [the scribe] mistakenly thought like Rebbi Yirmeyah [that he would only lose the value of the names of HaSh-m, and therefore decided that it was worth falsely claiming that he had written them she'Lo Lishmah so as to antagonize his client]

2)[line 3]אגריהAGREI- his wages

3)[line 3]קושטאKUSHTA- the truth

4)[line 5]חרשתCHARESHES- a woman who is a deaf-mute

5)[line 5]השיאה אביהHISI'AH AVIHAH - her father married her off (KIDUSHEI KETANAH)

(a)Until a girl reaches the age of physical maturity, her father may marry her to a groom of his choosing. This marriage is as valid as one in which a woman who is of age consents to marry a man of her own choosing.

(b)If such a girl is subsequently divorced or widowed before she reaches the age of maturity, or if her father died before marrying her off, then the Chachamim allowed her mother and/or oldest brother to marry her off. Such a marriage, however, is valid only mid'Rabanan. In this case she must understand the concept of marriage, which may not occur until she is ten years old and cannot occur at any younger than six years of age. The RAMBAM and the RA'AVAD maintain that if such a girl gets married on her own, it constitutes a valid marriage mid'Rabanan.

(c)When a young girl is married mid'Rabanan, she has the option of rejecting the marriage. At any point until she reaches Halachic maturity (i.e., until she becomes a Na'arah), she may declare in front of two witnesses, "I do not want him." This procedure is termed Mi'un (refusal), and through it her marriage is retroactively annulled. A Get (a bill of divorce) is unnecessary in Mi'un. A girl who was married off by her father cannot annul her marriage through Mi'un.

6)[line 5]היא יוצאה בגטHI YOTZ'AH B'GET- she may be divorced with a Get [even though she lacks the requisite intellectual maturity to effect Kinyanim, since a woman may be divorced against her will]

7)[line 6]נשאת לכהןNIS'ES L'CHOHEN- if she was married to a Kohen [mid'Rabanan; see above, entry #5:b]

8)[line 7]אוכלת בתרומהOCHELES BI'TERUMAH- she may eat Terumah (see Background to 52:4) [that one is obligated to separate only mid'Rabanan, without fear that she may come to eat Terumah d'Oraisa]

9)[line 8]מרישMARISH- a beam

10)[line 8]בירהBIRAH- a large building

11)[line 8]יטול את דמיוYITOL ES DAMAV- [the owner] must take its value [as restitution]

12)[line 9]תקנת השביםTAKANAS HA'SHAVIM - The Decree of the Penitents

(a)A thief must return that which he stole (Vayikra 5:23). If that item is no longer in the same state that it was when it was stolen, then the thief must make reparations (see below, entry #27).

(b)If a thief has built a stolen beam into a building, he need not raze the structure in order to return the beam; he need only return its value. This is true although the beam remains essentially unchanged. This was instituted by the Chachamim so that a thief who wishes to repent will not be held back by his unwillingness to lose so much over one beam. This decree is known as "Takanas Marish" (the decree of the board), or - more generally - as "Takanas ha'Shavim" (the decree of the penitents).

13)[line 9]חטאתCHATAS (KORBAN CHATAS)

(a)Should one transgress a sin b'Shogeg (unintentionally) for which he is liable to receive the punishment of Kares (see below, entry #42) had he done so b'Mezid (intentionally), he must offer a Korban Chatas. This Korban consists of a female goat or sheep.

(b)One who offers a Korban Chatas first leans on the animal with all his might (Semichah) in the northern part of the Azarah (inner courtyard of the Beis ha'Mikdash). He then recites Viduy, confessing his sin and asking HaSh-m for forgiveness. The animal is then immediately slaughtered. The blood of the Chatas is applied to the Keranos (cubic Amah posts on the corners of the Mizbe'ach) beginning with the southeastern corner of the Mizbe'ach and continuing to the northeastern, northwestern, and southwestern corners. The remaining blood is then spilled onto the Yesod (base) of the Mizbe'ach. The Eimurim (parts of a Korban that are burned upon the Mizbe'ach; see below, entry #34) of the Chatas are offered on the Mizbe'ach. Certain parts of the Korban are eaten by Kohanim in the Azarah; they must be consumed before the day following its offering (Vayikra 4:27-31).

(c)Our Mishnah discusses an animal that had been stolen and then designated as a Chatas by the thief.

14)[line 10]לא נודעה לרביםLO NOD'AH LA'RABIM- is not publicly known [to be stolen]

15)[line 11]תיקון המזבחTIKUN HA'MIZBE'AZCH- The meaning of this term is made clear in the Gemara.

16)[line 12]מעדותו של רבי יוחנן בן גודגדאME'EDUSO SHEL REBBI YOCHANAN BEN GUDGEDA- from that which Rebbi Yochanan ben Gudgeda testified [that a woman need not be intellectualy mature in order to be divorced]

17)[line 14]כנסיKINSI- accept

18)[line 15]לא בעינן דעתהLO BA'INAN DAITA- her intellectual maturity is not required [for divorce]

19)[line 18]בטולי בטליהBETULEI BATLEI- he has nullified it

20)[line 20]כיסופאKISUFA- embarrassment [that he is divorcing her]

21)[line 21]ואילו חרשת לא אכלהV'ILU CHARESHES LO ACHLAH- (the Gemara infers from that which Rebbi Yochanan ben Gudgeda changed the case from that of a Chareshes to a Katan) whereas a woman who is a deaf-mute [who has married herself mid'Rabanan to a Kohen] may not eat Terumah

22)[line 21]שמא יאכיל חרש בחרשתSHEMA YA'ACHIL CHERESH B'CHARESHES- perhaps a deaf-mute [who is a Kohen] will [think that he is allowed to] feed Terumah to a woman who is a deaf-mute [whom he married mid'Rabanan]

23)[line 22]קטן אוכל נבלות הוא!KATAN OCHEL NEVEILOS HU! - this is [merely an example of] a minor eating non-Kosher food [which has been discussed elsewhere] (KATAN OCHEL NEVEILOS, EIN BEIS DIN METZUVIN L'HAFRISHO)

(a)Only those who have reached the point of intellectual maturity (Da'as) are obligated in the performance of Mitzvos. Those not in this category include boys under the age of thirteen, girls under the age of twelve, those who are deaf-mute, and those who act in a way that marks them as deranged (a Shoteh).

(b)The Gemara (Yevamos 114a) addresses the question of whether or not Beis Din must insure that minors do not transgress prohibitions so that they not become accustomed to them and continue to transgress when they grow older. Our Gemara maintains that Beis Din are not obligated to prevent those who are not obligated in the performance of Mitzvos from sinning.

(c)Even those who rule that Beis Din are not obligated to prevent a child from sinning agree that a father is obligated to accustom his child to living the life of a Torah Jew. (Some maintain, however, that this obligation is limited to positive commandments.) Similarly, all agree that Beis Din may not allow a child to transgress in order to benefit another Jew. (See also Insights to Yevamos 114a.)

24)[line 23]פיקחתPIKACHAS- a woman who has reached intellectual maturity

25)[line 24]ולאכול בתרומה דרבנן?V'LE'ECHOL BI'TERUMAH D'RABANAN?- why not allow [a Chareshes] to eat Terumah d'Rabanan [similar to a Ketanah who has married herself off]?

26)[line 27]מקעקעMEKA'AKE'A- demolish

27)[line 32]יאוש כדי קני / לא קניYE'USH KEDI KANI / LO KANI - whether or not a thief acquires a stolen item due to the sole fact that its owner has given up hope of retrieving it (YE'USH: KINYAN)

(a)A thief acquires a stolen item as soon as he performs a Ma'aseh Kinyan (an action that effects the transfer of an object into one's possession) upon it. This acquisition accomplishes two things:

1.The thief is now responsible for the item. If something should happen to it - even if it was beyond his control (an Ones) - he must make recompense to the owner.

2.It is the first stage in what may potentially become a full ownership of the item. If the necessary conditions are met, then the thief need not return the actual stolen item to its original owner, even if it still unharmed and in his possession. Rather, he need only reimburse that individual for his loss.

(b)The second step required for the thief to fully acquire his ill-gotten gains is to effect a Shinuy - a transformation of the stolen object. This releases him from his obligation to return the stolen object and not its worth, since it is no longer "ha'Gezeilah Asher Gazal" - "the item which he stole" (Vayikra 5:23). In order for this to hold true, however, the Shinuy must be complete. This is termed a "Shinuy Ma'aseh she'Eino Chozer li'Veriyaso" - a full or partial physical transformation. This change can be minor, such as affixing the object in place with clay. No action is a Shinuy Ma'aseh, however, unless it is irreversible. If it reversible, then it is termed a "Shinuy Ma'aseh ha'Chozer li'Veriyaso," and it must be reversed and returned.

(c)Another factor in the ability of a thief to fully acquire a stolen object is Ye'ush. This refers to the point at which the owner gives up all hope of retrieving his item such that he verbally acknowledges his loss with an expression akin to "Vai Li l'Chisaron Kis!" - "Woe that I have lost this item!" Some Amora'im are of the opinion that "Ye'ush Kedi Kani" - Ye'ush alone is enough to acquire the object. Others maintain that Ye'ush must be combined with a Shinuy, even if that Shinuy is less significant than a Shinuy Ma'aseh. There are two possible such Shinuyim:

1.SHINUY HA'SHEM - This refers to a change in the classification of an item such that it now goes by a different title or description. An example of this is a wooden board stolen and then placed atop a Sukah. It is no longer a plank; now it is Sechach.

2.SHINUY RESHUS - This refers to a transferal of the object from one ownership to another. Since only the original thief must return the object itself, if he sells it or gives it away, then the second party acquires full ownership of the object. The thief must then pay for what he stole (Bava Kama 66).

28)[line 36]עצביןATZEVIN- depressed [over that which they consumed the meat of an unsanctified Korban that may not be offered]

29)[line 36]מזבח בטלMIZBE'ACH BATEL- the Mizbe'ach would sit idle [since the Kohanim would lose interest in offering Korbanos]

55b----------------------------------------55b

30)[line 3]היינו דקתני חטאתHAINU DIKA'TANI CHATAS- that is why the Mishnah taught [this decree specifically regarding] a [Korban] Chatas [since the Kohanim partake from it]

31)[line 4]עולהOLAH (KORBAN OLAH)

(a)An Olah sacrifice has the status of Kodshei Kodashim (see Background to Yoma 36:1), and is sometimes required of the public (e.g., the Korban Tamid) and sometimes of an individual. An Olah may be offered by an individual to atone for the transgression of an Asei (a positive commandment), a Lav she'Nitak l'Asei (see Background to Yoma 36:19), or certain sinful thoughts (see Vayikra Rabah 7:3). Voluntary Olos (Olos Nedavah) may be offered as well.

(b)One who offers a Korban Olah first leans on the animal with all his might (Semichah) in the northern area of the Azarah. He then recites Viduy, confessing his sin and asking HaSh-m for forgiveness. The animal is then immediately slaughtered. The blood of the Olah is applied to the northeastern and southwestern corners on the lower half of the Mizbe'ach, in such a way that there is Dam on all sides of the Mizbe'ach (Shetayim she'Hen Arba). The Korban is then skinned and dismembered. An Olah is unique in that the meat of the animal is burned in its entirety. The skin of the animal, however, is given to the Kohanim. An Olah must be burned on the same day that it is slaughtered. Nesachim (see Background to Yoma 31:30) are offered together with a Korban Olah.

32)[line 4]"לא מיבעיא" קאמר"LO MIBA'I" KA'AMAR- the format [of the Mishnah] is one of "not only

33)[line 5]כליל היאKALIL HI- it is entirely consumed [on the Mizbe'ach (with the exception of its hide)]

34)[line 6]חלבCHELEV - the fats of a Korban that are burned on the Mizbe'ach (HEKTER CHALAVIM V'EVARIM)

(a)All of the service performed in the Beis ha'Mikdash must be performed during the day. This includes the slaughter of the Korban and all of the subsequent Avodos up to and including the application or dashing of its blood upon the Mizbe'ach. If there was no time to burn its Chalavim and Pedarim (certain fats) or Evarim (limbs) during the day, however, then they may be placed on the fire atop the Mizbe'ach for the entire following night. All parts of a Korban burned upon the Mizbe'ach are collectively termed "Eimurim." As long as the Zerikas ha'Dam was performed before nightfall, the Korban is kosher.

(b)The limbs burned upon the Mizbe'ach depend upon the type of Korban offered. The fats burned include the layer of fat covering the stomachs as well as all other fat attached to the stomachs, the two kidneys, the fat on the kidneys, and the Yoseres, which is either the diaphragm (RASHI, RADAK) or a certain lobe of the liver (RAV HAI GA'ON) (Vayikra 3:3-4).

35)[line 6]דםDAM- this refers to Zerikas ha'Dam; see Background to 54:18

36)[line 6]סליקSALIK- go up

37)[line 7]אידךIDACH- the rest [of the Korban]

38)[line 11]איפכא מיבעי ליה!IPCHA MIBA'I LEI!- the opposite [case of a Chatas that is known to be stolen] is what should have been taught [since it is in that case that the Kohanim would be depressed]!

39)[line 14]טבח ומכרTAVACH U'MACHAR- if he slaughtered it or sold it

40)[line 15]תשלומי כפל... תשלומי ארבעה וחמשהTASHLUMEI KEFEL... TASHLUMEI ARBA'AH VA'CHAMISHAH - restitution of double, four and five [times the value of the stolen item]

(a)One who steals an object from his fellow Jew must return it to its owner. If he no longer has it, or if is no longer in its original state, then he must make restitution for its value at the time of the theft (Vayikra 5:23). Under certain circumstances, a thief must pay double the value of that which he stole. The first payment is the "Keren" (principle), and the second payment is called "Kefel" (double).

(b)Only a Ganav - one who makes sure that the owners of the object are not around when he steals from them - is liable to pay Kefel. A Gazlan - a robber who forcibly separates people from their possessions - never pays Kefel. The Gemara (Bava Kama 79b) explains that the Torah treats the crime of the Ganav more seriously since he demonstrates that his fear of man is greater than his fear of G-d.

(c)One not liable to pay Kefel for damaging the property of another. If he does not first partially acquire the object through an act of theft, his status is that of a Mazik (one who causes damage), and his responsibilities differ (see Background to Kesuvos 65:40).

(d)A thief is not liable to pay Kefel if he steals Shetaros (documents demonstrating ownership or promissory notes), nor, according to most Tana'im, if he steals land or slaves (Bava Kama 117b).

(e)If the object stolen was a live sheep or ox, and the thief either slaughtered or sold it, the Torah places an even stiffer fine upon him. In the case of a stolen sheep that was slaughtered or sold, he must compensate the owner four times its value, whereas in the case of a stolen ox that was slaughtered or sold he must compensate the owner five times its value. Chazal (Bava Kama 79b) explain that the Torah was more lenient with one who steals a sheep than with one who steals an ox since he has already suffered through the demeaning experience of walking while carrying a sheep on his shoulders. One who stole an ox, by contrast, presumably led the ox on foot behind him.

(f)A thief is not liable to pay Arba'ah va'Chamishah for slaughtering a sheep or ox unless he or his Shali'ach (agent) performs a Halachically valid Shechitah. Amora'im disagree as to whether a thief is liable to pay Arba'ah va'Chamishah for selling a sheep or ox before Ye'ush (the point at which the owner gives up all hope of ever recovering his stolen object; see above, entry #27), or whether he is only liable for doing so following Ye'ush (Bava Kama 68a).

(g)Since Kefel, Arba'ah, and Chamishah are over-compensations for a monetary loss, they have the status of a Kenas (fine) as opposed to that of Mamon (remuneration). One is never liable to pay a Kenas based upon his own admission. Should a thief admit his guilt, therefore, he is exempt from this double payment. If witnesses subsequently testify to his action in Beis Din, Amora'im disagree as to whether or not he must make these extra payments (see Bava Kama 74b-75a). A thief is under no moral obligation to pay the fine of Kefel unless it has been placed upon him by Beis Din (RASHBA to Bava Kama 74b; see also MILCHAMOS HASH-M at the end of the third Perek of Kesuvos).

41)[line 16]בחוץ כי האי גוונאBA'CHUTZ KI HAI GAVNA - if one slaughtered such an animal outside of the Beis Ha'Mikdash (SHECHUTEI CHUTZ)

(a)All sanctified animals fit to be offered upon the Mizbe'ach must be offered as Korbanos (Vayikra 17:1-7). Aside from this positive Mitzvah, one is prohibited from slaughtering such animals outside of the Azarah (courtyard of the Beis ha'Mikdash). Animals slaughtered outside of the Beis ha'Mikdash are termed "Shechutei Chutz". One who willfully ignores this prohibition is liable to receive Kares (see next entry).

(b)Our Gemara discusses a thief who sanctifies a stolen animal and then slaughters it outside of the Azarah.

42)[line 17]כרתKARES (KARES / MISAH B'YEDEI SHAMAYIM)

(a)Some sins are so severe that they are punished with untimely death. There are two types of untimely death that are used as heavenly punishments: Kares, and Misah b'Yedei Shamayim. Kares means "being severed" from the world and dying before one's time. Misah b'Yedei Shamayim means "death at the hands of heaven." These punishments are not administered by the courts, but through divinely administered justice.

(b)One who deliberately transgresses a commandment that is punishable with either Kares or Misah b'Yedei Shamayim is punished even if there are no witnesses to his act, and even if he was not warned at that time of his transgression that his violation will result in his untimely death.

(c)The Tif'eres Yisrael, in his commentary to Sanhedrin 9:6, lists a number of differences between Misah b'Yedei Shamayim and Kares:

1.One who is punished with Kares will die before age 60 (according to Moed Katan 28a, or before the age of 50, according to the Yerushalmi Bikurim 2:1). One punished with Misah b'Yedei Shamayim will die after the age of 60 but before his time has come (according to Moed Katan ibid., or before the age of 60, according to the Yerushalmi ibid.)

2.When one is punished with Kares, even his children (who are minors at the time of his sin) die, and he bears no further children. When one is punished with Misah b'Yedei Shamayim, only he is punished and not his children (Yevamos 55a and RASHI there; see, however, RIVA in Tosfos to Yevamos 2a DH Eshes, who maintains that Kares only involves the death of one's children in the two cases where the Torah adds the word "Ariri." However, he might be referring to the death of children who are not minors.)

3.Some add that when punished with Misah b'Yedei Shamayim, the sinner's cattle and possessions slowly expire until he is left destitute - see Insights to Yevamos 73:2 and Insights to Pesachim 32:2.

4.In addition to the above, in certain instances a form Kares is prescribed in which the sinner not only dies before his time but is also 'severed' (Nichras) from receiving a portion in the World to Come (see Sanhedrin 64b, 90b).

(d)As stated in the Mishnah at the beginning of Kerisus, there are 36 sins listed in the Torah for which one receives Kares: the sixteen forbidden conjugal relations listed in the Torah (Vayikra 18); one who curses G-d; an idol worshipper; one who worships Molech (see Background to Sanhedrin 53:5); one who practices Ov (see Background to Pesachim 113:62); one who desecrates Shabbos; one who ate Kodshim or entered the Mikdash while in a state of Tum'ah; one who consumed blood, Nosar (see Background to Pesachim 120:9), or Pigul (see Background to 6:60); one who slaughters or offers a sacrifice outside of the Mikdash; one who eats Chametz on Pesach; one who eats or performs Melachah on Yom Kipur; one who compounds Shemen ha'Mishchah (the oil made by Moshe Rabeinu to anoint the Mishkan and its vessels, Kohanim Gedolim, and the kings of the Davidic dynasty) or the Ketores (see Background to 11:25) for his own use; one who anoints himself with Shemen ha'Mishchah; one who neglects to give himself a Bris Milah; and one who neglects to offer a Korban Pesach.

43)[line 18]כרת מאי עבידתיה?KARES MAI AVIDTEI?- why is he liable to receive Kares in this case [if he is not the owner of the animal and he is therefore not able to offer it as a Korban]?

44)[line 19]מדבריהםMI'DIVREIHEM- as instituted by the Chachamim

45)[line 19]אחיכו עליהACHICHU ALEI- they laughed at him

46)[line 22]אוקמוה רבנן ברשותיהOKMUHA RABANAN BI'RESHUSEI - the Sages deem it to be in his possession (HEFKER BEIS DIN HEFKER)

(a)The Chachamim have the authority, when they deem it necessary, to declare any property Hefker (ownerless). The Rishonim and Acharonim discuss whether Beis Din have the ability to merely remove ownership from any given item, or if they can even place the object into the another's possession.

(b)In our Gemara, Rabah explains that the Chachamim placed the animal in the possession of the thief through Hefker Beis Din Hefker.

47)[line 25]משעת גניבהMI'SHA'AS GENEIVAH- [retroactively] from the time that he stole it [once he sanctifies it]

48)[line 26]לגיזותיה וולדותיהL'GIZOSEHA U'VELADOSEHA- regarding [who owns any] shearings and offspring [the animal produces between the time of its theft and the time of its sanctification]

49)[line 28]שלא יהא חוטא נשכרSHE'LO YEHEI CHOTEI NISKAR- so that a sinner not benefit [from his actions]

50)[line 29]סיקריקוןSIKRIKON- Nochrim who threaten to kill Jews but are able to be appeased through an offer of land. The root of this term is "Sa Karka" - "take land (and not my life)".

51)[line 29]יהודהYEHUDAH- the section of Eretz Yisrael consisting of area south of the ancient city of Antipatris, near modern-day Rosh ha'Ayin

52)[line 29]בהרוגי מלחמהB'HARUGEI MILCHAMAH- at the time that of those killed in [the] war [waged by Titus against Yerushalayim leading up to the destruction of the second Beis ha'Mikdash]

53)[line 32]מקחו בטלMIKCHO BATEL- his sale is void [since we suspect that he agreed to the sale only out of fear of the Sikrikon or because he figured that it would be easier to retrieve his lands from the purchaser than from the Sikrikon]

54)[line 33]לקח מן האישLAKACH MIN HA'ISH - he bought from the husband [land designated in the wife's Kesuvah] (KESUVAS ISHAH)

(a)When a man marries (Nisu'in) a woman who was a Besulah (virgin) at the time of her Kidushin (betrothal), he must give her a marriage document stipulating that she is to receive 200 Zuz from him or his estate should he divorce her or die. 200 Zuz are equivalent to the value of 960 grams of silver. This document is called a Kesuvah (lit. "written"). Tana'im disagree as to whether this obligation is mid'Oraisa (Biblical) or mid'Rabanan (Rabbinic) in origin (Kesuvos 10a).

(b)If the bride had been widowed or divorced and is therefore a Be'ulah (not a virgin) than she receives a different Kesuvah. The Kesuvah of a Be'ulah guarantees only 100 Zuz to the bride in the case of the dissolution of the marriage. There is no question that the obligation to give this document is mid'Rabanan in origin (Kesuvos 10b). A widow is termed an "Almanah" due to that which her Kesuvah is written for the amount of a "Maneh" (one hundred Zuz) (ibid.).

(c)If a woman is younger than three at the time of her Kidushin, she always receives 200 Zuz. This is because her hymen grows back even when broken at this young age, and she is therefore by definition a Besulah.

(d)The amounts detailed above are only the minimum required to be written into a Kesuvah. One may voluntarily add any amount onto his wife's Kesuvah, and doing so is considered a way of honoring her.

(e)Our Mishnah discussed land that was either:

1.designated specifically to be given to a woman in the event that her husband dies before her or divorces her;

2.among a list of those lands to be given to a woman in the event that her husband dies before her or divorces her;

3.brought into the marriage by the wife and assessed in the Kesuvah such that her husband is obligated to return its value to her upon his death or divorce (Nichsei Tzon Barzel; see Background to Kesuvos 78:21).

55)[line 34]מקחו בטלMIKCHO BATEL- his sale is void [since we suspect that she agreed to the sale only out of fear that her husband will accuse her of planning upon his death or her divorce]

56)[line 37]נותן לבעלים רביעNOSEN L'VE'ALIM REVI'A- must give [additionally] to the [original] owners a quarter [of the sum with which it was purchased from the Sikrikon, since the Sikrikon are assumed to sell such land at a reduced price, and the true owners deserve the difference]

57)[line 38]אין בידן ליקחEIN B'YADAN LIKACH- [the original owners] do not have [the wherewithal] to buy [back their land]

58)[line 40]נמנוNIMNU- they took a vote

59)[line 40]שהתהSHAHASA- it remained

60)[line 45]לא דנו בה דין סיקריקון קאמרLO DANU BAH DIN SIKRIKON KA'AMAR- [the Mishnah] means that the [normal] ruling regarding Sikrikon did not apply

61)[line 46]גזרוGAZRU- [the Romans] decreed

62)[line 47]כל דלא קטיל ליקטלוהוKOL D'LO KATIL LIKTELUHU- whomever does not kill [Jews] shall be killed

63)[line 47]לייתיLAISI- lit. will bring; i.e., must pay. According to the Girsa "NEISIV LEI" - will receive (TOSFOS RID)

64)[line 49]אגב אונסיה גמר ומקניAGAV ONSEI GAMAR U'MAKNI- since he had no choice he wholeheartedly gave [his land in order to save his life]

65)[line 49]אמריAMREI- [the Jews] said [to themselves]

66)[line 49]האידנא לישקולHA'IDNA LISHKOL- now [they] will take [the land]

67)[line 49]תבענא ליה בדינאTAVAINA LEI B'DINA- I will demand it from him in court

68)[line 50]"אַשְׁרֵי אָדָם מְפַחֵד תָּמִיד; וּמַקְשֶׁה לִבּוֹ יִפּוֹל בְּרָעָה""ASHREI ADAM MEFACHED TAMID; U'MAKSHEH LIBO YIPOL B'RA'AH"- "Praiseworthy is the person who is always afraid; and he who hardens his heart will fall into misfortune" (Mishlei 28:14). This verse extols he who is afraid of Divine retribution, for he will not come to sin.

69)[line 51]אקמצא ובר קמצאA'KAMTZA U'VAR KAMTZA- due to [the story involving two men named] Kamtza and Bar Kamtza

70)[line 51]אתרנגולא ותרנגולתאA'TARNEGOL V'TARNEGOLTA- due to [the story involving] a rooster and a chicken

71)[line 52]טור מלכאTUR MALKA- a densely populated mountainous region in the area of Yehudah (see above, entry #51); some maintain that it was in the vicinity of modern-day Beit Guvrin, less than fifty kilometers southwest of Yerushalayim. "Tur Malka," is Aramaic for "Har ha'Melech" (King's Mount); it was named for Yanai ha'Melech, one of the great Chashmona'i kings. (See also 57a, Eichah Rabah 2:3, and Tanchuma Vayikra 7.)

72)[line 52]אשקא דריספקA'SAKA D'RISPAK- due to [the story involving] an axle of a carriage

73)[line 52]ביתרBEITAR / BEN KOZIVA (BAR KOCHVA)

(a)At the time of the Churban Beis ha'Mikdash (70 CE), Yerushalayim was destroyed and razed to the ground. The Roman Tenth Legion was garrisoned there following its destruction. Emperor Hadrian (who reigned from 117 - 138 CE) founded a new pagan city on the site of Yerushalayim, naming it Aelia Capitolina; Aelia in honor of his own name Publius Aelius Hadrianus, and Capitolina in honor of Jupiter, whose temple in Rome was on the Capitolene hill. At the site of the Beis ha'Mikdash, he erected a new temple to Jupiter. According to the Roman historian Dio Cassius, this was the cause of the revolt of Bar Kochva. However, this could have not been the main cause of the revolt, as no reference to it is found in Jewish sources. Chazal explain that the revolt came about due to Roman decrees prohibiting a number of commandments, such as Shabbos, circumcision, family purity, and Keri'as Shema. The revolt lasted for nine years, starting in about 3883/123 CE.

(b)Those Jews who refused to yield to the decrees first hid in caves and other hideaways. (The Chazan Caves, one of these hideouts, can be visited today.) When discovered and raided by the Romans they would resist with great courage and often with great success. Before long, the attacked became attackers, striking out at the Roman troops. At this time, a leader appeared who was a military genius - Shimon bar Koziva. Rebbi Akiva felt that he had the potential to be Mashi'ach. He called him Bar Kochva - "son of the star" - an allusion to the verse, "Darach Kochav mi'Yakov" - "A star shall go forth from Yaakov" (Bamidbar 24:17). The "star" referred to in this verse is an allusion to Mashi'ach.

(c)Bar Kochva succeeded in organizing the nests of resistance into an army which gradually pushed the Roman troops out of one position after another. Approximately three years after the beginning of the revolt, Bar Kochva and his troops took over the city of Yerushalayim for approximately three years. There is some evidence that the Beis ha'Mikdash was functioning at this time. The Tenth Legion was evacuated and withdrew to Caesarea. At this point, a period of independent Jewish sovereignty began in Eretz Yisrael, which the Gemara refers to as the Kingdom of Bar Koziva. It lasted for two and a half years (Sanhedrin 97b).

(d)Sixty years earlier, at the time of the Churban, the Romans had required three legions to conquer Yerushalayim. At the time of Bar Kochva, the Romans brought in six legions aside from the legions already there, as well as further detachments of cavalry and infantry. [It seems that one of the reasons for this greater need of military strength was that the Jews were unified, in contrast to the times of the Churban when the Jews were fragmented into opposing groups and sects - Editors note.]

(e)Despite the enormous size of their army, the Romans were unwilling to face Bar Kochva's troops in full battle. They proceeded slowly, attacking isolated localities and interfering with food supplies. When the Twenty-second Legion advanced too deeply and too quickly into Jewish territory, it was utterly destroyed. It was never reconstituted, and was forever after omitted from the list of units in the Roman army.

(f)After a siege of approximately twelve months, the Romans recaptured the city of Yerushalayim. Bar Kochva and his troops withdrew to Beitar, a large city to the southwest of Yerushalayim, where the fighting continued for some three and a half years. At this point Bar Kochva accepted a slanderous accusation against his uncle, the sage Rebbi Elazar ha'Moda'i, who had been praying all along for the salvation of Beitar. Bar Kochva killed him in a fit of rage. As a result of this he lost hid Heavenly favor. Beitar fell to the Romans, and Bar Kochva was slain. (YERUSHALMI Ta'anis 4:5)

(g)The blood of the men, women, and children killed in Beitar flowed into the Mediterranean Sea, a distance of one Mil away (Gitin 57a; according to Eichah Rabah 2:4 the distance was four Mil; alt. 40 Mil). The Gemara (ibid.) records that the Nochrim in the neighboring towns did not need to fertilize their vineyards for seven years due to the quantity of blood that flowed into the ground.

(h)At first, the Roman Government did not let the Jews bury the bodies. One emperor fenced in his vineyard with the dead bodies (Eichah Raba 2:4). After quite some time, the next emperor allowed the burial of the Jewish corpses of Beitar. It was seen as a sign of favor from HaSh-m that the Romans changed their minds, and that the bodies did not decompose before they were buried. The Chachamim established the Berachah of ha'Tov veha'Metiv to commemorate the miracles.

(i)After this revolt was crushed, the Romans did not allow any Jew to set foot in Yerushalayim for 500 years, at pain of death. As the fall of the Beis ha'Mikdash sixty-three years earlier triggered the destruction of Yerushalayim, the fall of Beitar triggered the destruction of Eretz Yisrael.(From History of the Jewish People/From Yavneh to Pumbedisa, Artscroll Publishers, Brooklyn, New York, 1986, by Meir Holder.)

74a)[line 53]רחמיה קמצאRACHAMEI KAMTZA- was the friend of Kamtza

b)[line 53]ובעל דבביה בר קמצאUVA'AL DEVAVEI BAR KAMTZA- and the enemy of bar Kamtza

75)[line 54]שמעיהSHAM'EI- his attendant

76)[line 54]זילZIL- go

77)[line 54]אייתיAISI- bring; i.e., invite

78)[line 56]מאי בעית הכא?MAI BA'IS HACHA?- what are you doing here?

79)[line 56]קום פוק!KUM PUK!- Get up and get out!

80)[last line]שבקןSHAVKAN- leave me [and let me stay]

81)[last line]דמיDEMEI- the value of

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