[8a - 55 lines; 8b - 46 lines]

1)[line 4]מידי "כל" כתיבMIDI "KOL" KESIV- is any expression using the word "every" written in the verse?

2)[line 27]וילמד תחתון מעליוןYILMOD TACHTON ME'ELYON- the [Halachah regarding] the later passage is derived from the earlier passage

3)[line 38]לגזירה שוהGEZEIRAH SHAVAH

(a)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of these is Gezeirah Shavah, in which two identical words (or two words that share the same root) that appear in two different sections of the Torah reveal that the Halachos applicable to one section apply to the other and vice versa.

(b)One may apply a Gezeirah Shavah only if he has received a tradition from his teachers that such a connection between the two words exists. Once the connection is established, however, then one may derive Halachos that were not specified in the tradition.

(c)A Gezeirah Shavah is unlimited; one may not pick and choose which Halachos he would like to apply. This facet of a Gezeirah Shavah is termed "Ein Gezeirah Shavah l'Mechetzah." This rule is waived in the case of an explicit teaching that precludes the application of a specific Halachah.

(d)There are three possible configurations of a Gezeirah Shavah:

1.MUFNEH MI'SHNEI TZEDADIM - If both words are seemingly unnecessary and are not used in the derivation of any other teaching, then all of the rules described above apply.

2.MUFNEH MI'TZAD ECHAD - If the word in only one of the sections is available, some maintain that Halachos may be derived from such a Gezeirah Shavah only if there is no argument against comparing the two sections. This status is known as "Lemedin u'Meshivin." Others rule that such a Gezeirah Shavah is no more limited than one that is Mufneh mi'Shnei Tzedadim.

3.EINO MUFNEH KOL IKAR - If neither word is free, then those who maintain that a Gezeirah Shavah that is Mufneh mi'Tzad Echad is unlimited grant such a Gezeirah Shavah the status of Lemedin u'Meshivin. Those who applied the status of Lemedin u'Meshivin to a Gezeirah Shavah that is Mufneh mi'Shnei Tzedadim rule that this one may not be used to determine any Halachos whatsoever.

4)[line 39]וצרותTZAROS (YIBUM: TZARAS ERVAH)

(a)When a man dies childless and his wife is an Ervah (close relative) to the Yavam, she does not fall to Yibum and as such she is exempt from the Mitzvos of Yibum and Chalitzah. She may marry whomever she pleases. Chazal teach (Yevamos 3b, 8a) that not only is the Ervah exempt from Yibum and Chalitzah, but also her Tzarah, the second wife of the deceased. (However, if there are other Yevamim to whom she is not prohibited because of an Isur Ervah, the two women may not get married until one of the Yevamim performs Yibum or Chalitzah with one of the wives of the deceased.) There are fifteen such cases of Ervah that exempt the other wife or wives from Yibum.

(b)The foregoing is the opinion of Beis Hillel, which is the Halachah. Beis Shamai, however, rules that a Tzaras Ervah is not exempt from performing Yibum or Chalitzah. As a result, the Tzaras Ervah who marries whomever she wants according to the opinion of Beis Hillel transgresses the prohibition of Yevamah la'Shuk according to Beis Shamai (see Background to Kidushin 67:6). On the other hand, if she performs Yibum according to the opinion of Beis Shamai, she transgresses the prohibition of marrying her husband's paternal brother according to the opinion of Beis Hillel, and all of her children from this union will be Mamzerim.

5)[line 42]הוקשה כל התורה כולה לעבודת כוכביםHUKSHAH KOL HA'TORAH KULAH L'AVODAS KOCHAVIM- the laws of the entire Torah are compared to Avodah Zarah [with respect to the liability of bringing a Korban Chatas]

6)[line 45]בסייףSAYIF- the sword; i.e., if the multitude is convicted of Avodah Zarah, (known as an Ir ha'Nidachas; see Background to Sanhedrin 16:61), all of the people are subject to death by the sword

7)[line 46]בסקילהSEKILAH

(a)An individual who is convicted of idolatry is executed by Sekilah, stoning.

(b)One who is convicted of an Aveirah punishable by stoning is led to the Beis ha'Sekilah, which is located outside of the settlement (Sanhedrin 42b). This is a structure twice the height of an average person. The convict is given wine to drink until he is inebriated, and he is then brought to the top of the Beis ha'Sekilah with his hands tied. The two witnesses whose testimony served to convict him accompany him, and one of them pushes him off of the top platform. Should he survive the fall, the witnesses roll a large stone, heavy enough to require the two of them to lift it, onto him from above. If he is still alive following this, then all those assembled pelt him with stones until he perishes (Sefer ha'Chinuch #555). Sins for which Sekilah is administered include Shabbos desecration, idol worship, cursing G-d, bestiality, sodomy, and certain illicit relations including incest with one's father or daughter-in-law (Sanhedrin 53a).

8)[line 46]וממונן פלטMAMONAN PALAT- their possessions are spared [and fall to their heirs]

9)[line 48]שעירSE'IR- a he-goat

10)[line 52]כדיKEDI- (a) and some say it was [stated by a sage named] Kedi (MAHARSHAL to Bava Metzia 2a citing RASHI, possibly referring to Gitin 85b DH v'Lurchei #2, but see YOSEF DA'AS to Bava Metzia 2a); (b) and some say it was asked without a specific sage's name being mentioned (Rashi to Gitin ibid.)


11)[line 4]במרהMARAH- a place in the wilderness of Shur, one of the stations of Bnei Yisrael during their sojourn in the desert after the Exodus from Egypt, but before their arrival at Mount Sinai (Shemos 15:22-26). From the verses, we learn that the people received certain commandments at Marah.

12)[line 11]פרוש מן הנדהPEROSH MIN HA'NIDAH - separate from a Nidah (NIDAH)

(a)By Torah Law, a woman is a Nidah for seven days following her period. It makes no difference whether she saw blood only once or for the entire seven days. At the end of seven days, after nightfall, she may immerse in a Mikvah to become Tehorah.

(b)One may not have relations nor engage in intimate contact with his wife while she is a Nidah. Doing so is punishable by Kares (Vayikra 18:19,29; see Background to Yevamos 49:2). The Chachamim enacted many far-ranging additional ways in which one must keep his distance from his wife when she is Teme'ah.

13)[line 19]על ספק חטאת קבועהAL SAFEK CHATAS KEVU'AH- [an Asham Taluy is brought only] for the possible transgression of the type of sin for which an individual would incur a fixed Chatas. The Gemara here derives the law of an Asham Taluy from that of the communal Chatas, which itself is derived via a Gezeirah Shavah which links the Asham Taluy directly to the individual Chatas. (See MAHARSHA.)

14)[line 20]קרבן עולה ויורדKORBAN OLEH V'YORED

(a)A person brings a Korban Oleh v'Yored to atone for sins in three specific cases: Shevu'as ha'Edus (see Background to Shevuos 30:1), Tum'as Mikdash v'Kodashav (see Background to Shevuos 2:2), and Shevu'as Bituy (see Background to Shevuos 2:1).

(b)What constitutes a Korban Oleh v'Yored varies based on the means of the penitent. If he is wealthy, he brings a female sheep or goat as a Chatas (Korban Ashir). If he cannot afford this, he brings two Torim or two Bnei Yonah, one as an Olah and one as a Chatas (Korban Oleh v'Yored b'Dalus). If he cannot even afford the birds, he brings one tenth of an Eifah of fine flour as a Minchas Chotei (Korban Oleh v'Yored b'Dalei Dalus). (Vayikra 5:6-13)

(c)The Minchas Chotei is not mixed with oil, and Levonah (frankincense) is not sprinkled on top of it (Vayikra 5:11). When a non-Kohen brings a Minchas Chotei, a Kometz of the flour alone is burned on the Mizbe'ach and the Kohanim receive the Shirayim (the rest of the flour, which they must eat before the following sunrise - RAMBAM Hilchos Ma'aseh ha'Korbanos 10:7).

15)[line 24]זו היא שיבה זו היא ביאהZO HI SHIVAH, ZO HI BI'AH

(a)In the Parshah of a house that was put into quarantine due to Tzara'as (see Background to Yoma 11:23), the verse (Vayikra 14:39) says "וְשָׁב הַכֹּהֵן" "v'Shav ha'Kohen" - "the Kohen shall return" to the house to inspect it seven days after the Tzara'as was first noted. If the Tzara'as has spread, then the infected stones must be removed from the house, and the surrounding plaster scraped off. New stones then replace the old ones, new plaster is applied, and the house is put into quarantine for another week.

(b)In the same Parshah, the Torah states, "וּבָא הַכֹּהֵן" "u'Va ha'Kohen" - "and the Kohen shall come" back to the house to inspect it a second time. Should the Tzara'as return by the end of this second week, then the entire house is Tamei and must be dismantled. Chazal teach us that this verse is referring to an area affected by Tzara'as that did not spread during its first week. In such a situation, the Kohen "comes back to the house" after a second week to determine whether the affected area has spread, remains as it is, or has disappeared. If it has either spread or remained in place, the Kohen must follow the procedure described above; remove the infected stones, scrape off the surrounding plaster, replace the stones and plaster, and allow a one-week quarantine period.

(c)That this is the intention of the verses is derived from a Gezeirah Shavah between the words "v'Shav" and "u'Va." Although they are not identical, they refer to the same action; namely, the entrance of the Kohen to inspect the house. This Gezeirah Shavah teaches us that just as the house need not be dismantled, even if the Tzara'as spreads during the first week following its discovery (unless the affected area has been removed and the Tzara'as returned to the house following a week of quarantine), so, too, it need not be dismantled, even if the Tzara'as has spread during the second week, unless it has returned to the house following first the removal of the infected area and then a one-week quarantine period.

16)[line 32]שמיעת קולSHEMI'AS KOL (SHEVU'AS HA'EDUS)

(a)One of the litigants in a court case has the right to force a person to take an oath when he feels that the person is concealing testimony about the case. The oath that the alleged witness takes to claim that he is not harboring any testimony is called a Shevu'as ha'Edus (Vayikra 5:1).

(b)For example, a person asks two witnesses to testify on his behalf, in order to oblige the opposing litigant to pay him. The witnesses deny all knowledge of the case and even swear to that effect. If they admit afterwards that they did know testimony, they must bring a Korban Oleh v'Yored. See entry #14 above.

17)[line 32]וביטוי שפתיםBITUY SEFASAYIM

(a)A person can take an oath, or a "Shevu'as Bituy," by swearing to do something or not to do something or by swearing that he did or did not do something in the past. If he does not keep his word, or if his oath regarding an action of the past is false, he transgresses the Torah's prohibition to swear falsely (Vayikra 19:12 - RAMBAM Hilchos Shevu'os 1:3). If his oath was made regarding an action that he will or will not do in the future, he transgresses the Torah's prohibition to violate one's word as well (Bamidbar 30:3, see Background to Nedarim 2:1a:a - KESEF MISHNEH to the Rambam ibid.). It is prohibited to take an unnecessary or ridiculous oath. Such a Shevu'ah is known as a "Shevu'as Shav," which the Torah prohibits in the Ten Commandments, Shemos 20:7. (See Rambam, Hilchos Shevu'os 1:4, for a description of the various categories of Shevu'as Shav and Background to Sanhedrin 27:14.)

(b)Shevu'os in which a person prohibits certain acts upon himself are similar to Nedarim (vows). However, as opposed to Nidrei Isur and Charamim, in which a person places a prohibition on a specific object (e.g. "this bread is prohibited"), when making Shevu'os a person places a prohibition upon himself which prohibits him from performing a certain action (e.g. "I am prohibited to eat this bread"), as the Gemara states in Nedarim 2b (see Background to Nedarim 2:1a:b, and Insights to Nedarim 2:3).

(c)Using the example of eating a loaf of bread to illustrate the four types of Shevu'as Bituy, the wording of the Shevu'os is, "I swear that: 1. I shall eat this loaf of bread"; 2. I shall not eat it"; 3. I ate it"; 4. I did not eat it." (RASHI Shevuos 2a). Some Rishonim maintain that when expressing a Shevu'ah, one must mention a name of or a reference to HaSh-m in order for the Shevu'ah to take effect (see RAN and Rishonim to Nedarim 2a).

(d)If one unintentionally transgresses his Shevu'as Bituy, he is required to bring a Korban Shevu'ah. The Korban Shevu'ah is a Korban Oleh v'Yored, which varies based on the means of the penitent. See entry #14 above.

(e)If a person takes an oath prohibiting himself to do a certain act and he knowingly transgresses his oath, or if he knowingly takes a false oath that he did or did not do a certain act, he is punished with Malkus. However, if he swears to do something and does not do it, he does not get Malkus, since no action is involved (RAMBAM Hilchos Shevu'os 4:20). If one unintentionally makes a Shevu'as Shav, he is not punished. If he intentionally makes such a Shevu'ah, he is punished with Malkus (RAMBAM Hilchos Shevu'os 1:7).