KERISUS 14 (4 Elul) - Dedicated l'Iluy Nishmas Chaim Yisachar (ben Yaakov) Smulewitz of Cleveland on his Yahrzeit, by his son in law, Dr. Eli Turkel of Raanana, Israel.

[14a - 53 lines; 14b - 42 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 14a DH Koseves Is Bah Shenei Zesim ã"ä ëåúáú àéú áä ùðé æéúéí:

(a) This Rashi belongs further on at the end of the Sugya (before the Gilyon)

(b) The words "d'Chach Beis ha'Beli'ah Machzik" ãëê áéú äáìéòä îçæé÷

should be "v'Chach Beis ha'Beli'ah Machzik" åëê áéú äáìéòä îçæé÷

[2] Rashi DH Kegon she'Achal Kulya [the first one] ã"ä ëâåï ùàëì ëåìéà

(a) The words "Chelev Pigul ul'Kulya Nosar" çìá ôâåì åìëåìéà ðåúø

should be "Chelev Pigul v'Kulya Nosar" (Rashash) çìá ôâåì åëåìéà ðåúø

(b) The words "del'Hevi Chad a'Kulhu" ãìäåé çã àëåìäå

should be "del'Hevi Kulhu a'Chad" ãìäåé ëåìäå åçã (Rashash)

(c) "d'Achilah ka'Tani, d'Hainu k'Zayis" ãàëéìä ÷úðé ãäééðå ëæéú

1.These words are incomprehensible here, since the Gemara is now explaining that our Mishnah refers to two Zeisim (a Koseves); furthermore, Rav Zeira should have said "Shenei Zeisei Chelev" ùðé æéúé çìá and not "Kulya b'Chelbah" ëåìéà áçìáä.

2.It is therefore clear that this is the beginning of a new Dibur ha'Maschil, which belongs after the words "Gilyon, Ela bich'Zayis Echad Mairi" âìéåï àìà áëæéú àçã îééøé, and not before them. It is referring to the first Teirutz of the Gemara and not to the Maskana (M. KORNFELD).

[3] Rashi DH Kegon she'Achal Kulya [the second one] : ã"ä ëâåï ùàëì ëåìéà

The words "d'Tamei she'Achal ka'Tani" ãèîà ùàëì ÷úðé

should be "d'Tamei she'Achal Chelev ka'Tani" ãèîà ùàëì çìá ÷úðé (Rashash)

[4] Mishnah 14b [line 13]:

"(v'Achos Ishto)" åàçåú àùúå

This is the Girsa of Rashi and most of the Rishonim; it is also the Girsa of the Mishnayos. However, the Ri (Tosfos DH v'Achos Ishto) ã"ä åàçåú àùúå suggests that it should be omitted, so that there should be six Chata'os and not seven.

[5] Rashi 14b DH Niseis la'Achi Aviv, Migo... : ã"ä ðùàú ìàçé àáéå îéâå

This should be read "Migo d'Itosaf Isura l'Gabei Achiv (the father's brother), Itosaf l'Gabei Didei ul'Gabei Echav (the son's brothers)"îéâå ãàúåñó ìâáé àçéå àéúåñó ìâáé ãéãéä åìâáé àçéå

[6] Rashi DH (Lishna Acharina) [v'Nir'eh Li d']Hachi Garsinan Migo d'Itosaf Isura "Mishum Eshes Av": : ã"ä åðøàä ìé ãäëé âøñéðï îéâå ãàéúåñó àéñåøä îùåí àùú àá

(a) The Rashash shows that these words are the addition of the Rashak, and are not from the original manuscript of Rashi (see Insights and footnotes to Charts)

(b) Accordingly,

The words "l'Gabei Bnei Achi Aviv" ìâáé áðé àçé àáéå

should be "l'Gabei She'ar Bnei Achi Aviv" ìâáé ùàø áðé àçé àçéå (as is found in our editions of the Gemara, and as the Aruch la'Ner interprets our Gemara. -M. KORNFELD)

[7] Rashi DH Rebbi Yochanan Ben Nuri ã"ä øáé éåçðï áï ðåøé:

The words "v'Em Chamiv" åàí çîéå are a new Dibur ha'Maschil

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1)[line 1]ðéîà àéú ìéä ìø''î àéñåø çì òì àéñåøNEIMA IS LEI L'REBBI MEIR ISUR CHAL AL ISUR- shall we say that Rebbi Meir holds of "Isur Chal Al Isur?" This question is being asked not only of Rebbi Meir, but of the unnamed Tana Kama as well

2)[line 1]àéñåø çì òì àéñåøISUR CHAL AL ISUR (ISUR KOLEL / ISUR MOSIF / ISUR CHAMUR)

(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 Kolel - 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.

3)[line 2]àéñåø ëåììISUR KOLEL / ISUR MOSIF

See previous entry.

4)[line 14]ôéâåìPIGUL

See Background to Kerisus 2:6.

5)[line 34]ëåìéà áçìáäKULYA B'CHELBAH- the two k'Zeisim that were eaten on Yom Kipur were comprised of a k'Zayis of kidney (which does not bear the prohibition of Chelev for eating it) and another k'Zayis of kidney Chelev (which happened to be Nosar, etc. as well).

6)[line 37]åðúðé ùù çèàåúV'NISNI SHESH CHATA'OS- and let it teach that he is Chayav to bring six Chata'os! The Gemara is asking this question only on Rav Ada bar Acha's answer. The question cannot be asked on the other answers, as Rashi and the Gilyon printed in Rashi explain (DH Kegon she'Achal).

7)[line 43]òéøåá åäåöàä ìùáú åàéï òéøåá åäåöàä ìé''äERUV V'HOTZA'AH L'SHABBOS, V'EIN ERUV V'HOTZA'AH L'YOM HA'KIPURIM

(a)The laws of Eruvei Chatzeiros (see Background to Kidushin 34:12c) and Hotza'ah (see Background to Menachos 37:37:a-b) apply only to Shabbos and not to Yom ha'Kipurim (although the laws of Yom ha'Kipurim are otherwise just as stringent as the laws of Shabbos). (Alternatively, the prohibition of Hotza'ah is mixed in (i.e. included) among the other prohibitions of Shabbos, but is not mixed among the prohibitions of Yom ha'Kipurim — TOSFOS, who probably had the Girsa "Ein Eruv Hotza'ah," without a "Vav.")

(b)TOSFOS DH Amar Rafram cites the Gemara in Temurah 14a where this opinion is refuted. According to the Halachah, Yom ha'Kipurim is no different from Shabbos with regard to Eruvei Chatzeiros and Hotza'ah.

8a)[line 47]"åùìç áéã àéù òúé""V'SHILACH B'YAD ISH ITI"- "and he shall send it [away] with a designated man" (Vayikra 16:21) - The person who takes out the Sa'ir ha'Mishtale'ach must be appointed from before Yom ha'Kipurim.

b)[line 47]åùìç áéã àéù òúéV'SHILACH B'YAD ISH ITI (SA'IR HA'MISHTALE'ACH: SHILUCHO)

(a)On Yom ha'Kipurim, a Goral (lottery) is performed by the Kohen Gadol to choose between two identical goats (Vayikra 16:7-10). One (the Sa'ir la'Sh-m) is offered as a Korban Chatas ha'Nisraf and its blood is sprinkled in the Kodesh ha'Kodashim (Vayikra 16:15); the other (the Sa'ir la'Azazel) is dispatched ("Mishtale'ach") to Azazel (a hard rocky cliff), from which it is pushed off to its death (Vayikra 16:21-22).

(b)A strip of crimson wool is tied between the horns of the Sa'ir ha'Mishtale'ach before it is led to Azazel. The person who takes the goat to Azazel becomes Tamei and is required to immerse his body and clothes in a Mikvah (Vayikra 16:26). The remains of the Sa'ir ha'Mishtale'ach are Asur b'Hana'ah.

(c)Before it is dispatched to Azazel, the Kohen Gadol performs Semichah upon the Sa'ir ha'Mishtale'ach, confessing the sins of all of the people while doing so. According to Rebbi Yehudah, this confession achieves atonement for all of the people, for all sins except sins of Tum'as Mikdash v'Kodashav. According to Rebbi Shimon, this confession achieves atonement for all of the people except the Kohanim, for all sins except sins of Tum'as Mikdash v'Kodashav. (The second confession over the Par of the Kohen Gadol provides the Kohanim atonement for all other sins besides sins of Tum'as Mikdash v'Kodashav.)

9)[line 47]àéù òúéISH ITI- a man who was designated for the task

10)[line 51]áøåúà äéàBERUSA HI- it is an "outside," rejected opinion (alt. Bedusa Hi - it is fiction, i.e. a mistake)

14b----------------------------------------14b

11)[line 8]ä''ì àùú àéù îéâå ãàéúåñóHAVAH LAH ESHES ISH, MIGO D'ITOSAF...- she is an Eshes Ish (a married woman); since all other men in the world become prohibited to her, so, too, this man (who is already prohibited to her with one Isur) becomes prohibited to her (with an additional Isur). See Chart #2 (footnote #5).

12)[line 15]òáø æ÷ï åðùàäAVAR ZAKEN U'NESA'AH- if the father of the Bo'el transgressed a prohibition and married the woman

13)[line 24]ðéãåï áæé÷ä øàùåðä ùáàä òìéåNIDON B'ZIKAH RISHONAH SHE'BA'AH ALAV- his punishment is based on the first Isur that applied to him

14)[line 38]çééá òìéä îùåí çîåúå åàí çîåúå åàíçîéåC HAYAV ALEHA MISHUM CHAMOSO V'EM CHAMOSO V'EM CHAMAV- that is, if he married his wife's sister's daughter and his wife's brother's daughter

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