[15a - 48 lines; 15b - 37 lines]
1)[line 1]בקרונותKERONOS- (a) [on the day upon which] wagons [passed through the marketplace] (RASHI); (b) the cold [wellsprings] (ARUCH)
2)[line 1]ציפוריTZIPORI- a city in the lower Galilee, approximately midway between present-day Teverya and Haifa, whose population in the times of the Gemara mostly consisted of those whose daughters and widows were permitted to Kohanim
3)[line 2]והוא שהיתה סיעה של בני אדם כשרין עוברת לשםV'HU SHE'HAYESAH SI'AH SHEL BNEI ADAM KESHEIRIM OVERES L'SHAM- and that [which she is permitted to a Kohen] is when a caravan of those who are of [predominantly] unsullied lineage were passing by that place [at the time that she had relations]
4)[line 4]נבעלת בקרונותNIV'ELES BI'KERONOS- if she had relations on the wagons
5)[line 7]שתוקיSHESUKI- one who may not perform the Avodah (Divine service) even though his father is a Kohen (see Background to 13:13)
6)[line 10]כלפי לייאKELAPEI LAYA?- which way [is this going]? i.e., just the opposite would appear to be more logical!
7a)[line 10]הני ניידיHANEI NAIDEI- these [in the caravan] are moving [and are therefore Parish — removed — and are a valid majority (see below, entry #11)]
b)[line 11]והני קביעי וקיימיV'HANEI KEVI'I V'KAIMEI- and these [in the city] are established in place [and are therefore Kavu'a — established in their place of origin — and are an invalid majority (see below, entry #11)]
8)[line 12]בהדהBA'HADAH- along with it
9)[line 13]גרידתאGEREIDASA- alone
10)[line 15]דקא אזלי אינהו לגבהD'KA AZLEI INHU L'GABAH- that they went to where she was
11)[line 16]כל דפריש מרובא פריש... כל קבוע כמחצה על מחצה דמיKOL D'PARISH ME'RUBA PARISH... KOL KAVU'A K'MECHETZEH AL MECHETZEH DAMI (ROV V'KAVU'A - Following the Majority when in Doubt)
(a)When in doubt as to the nature of an object, one may assume that it carries the same Halachic status of the majority of such items. This is known as Halech Achar ha'Rov — follow the majority rule. For instance, if a piece of meat is found lying on the street (or in the hands of a Nochri in the street), and most of the meat in that town is Kosher, one may safely assume that the meat is Kosher (Shemos 23:2, Chulin 11a).
(b)This is only true, however, if the item in question has been separated (Parish) from its place of origination. In such a situation, we assume that "Kol d'Parish me'Ruba Parish" — "that which separated did so from the majority." If the doubt arose while the object was still in its proper "place" (Kavu'a), then one may not follow the Rov. Rather, the status of the item remains in doubt. For instance, if one purchases meat and then cannot recall if he did so from a Kosher or non-Kosher store, he may not assume that the meat is Kosher simply because most of the stores in that town sell Kosher meat. Since the doubt regarding its status hearkens back to while it was still in its proper place (i.e. the store), one may not Halachically assume that it is Kosher any more than he must assume that it is non-Kosher. This rule is termed "Kol Kavu'a k'Mechtzah Al Mechtzah Dami" — "anything in its established place is viewed as an even doubt."
12)[line 21]נבלהN EVEILAH- the carcass of an animal that died without undergoing a Halachically acceptable slaughter
13)[line 21]מאי זהME'EI ZEH- from which
14)[line 22]ובנמצאNIMTZA- [meat that is] found [outside of a store]
15)[line 23]בשאין דלתות מדינה נעולותBESHE'EIN DALSOS MEDINAH NE'ULOS- [this is only true] when the doors of the city are not locked
16)[line 24]דקא אתי לה רובא מעלמאD'KA ASI LAH RUBA ME'ALMA- in which case an [additional] majority arrives from outside of the city [through either (a) butchers who enter the city, most of whom sell Kosher meat; or (b) the meat sold in the rest of the country, most of which is Kosher]
17)[line 25]מעלה עשו ביוחסיןMA'ALAH ASU B'YUCHASIN- (the Gemara answers that Rebbi Yehoshua holds that) [the Chachamim] held those who wish to marry Kohanim to a higher standard
18)[line 32]צפרדעיםTZEFARDE'IM- [dead] frogs [piled]
19)[line 32]ושרץV'SHERETZ (SHEMONAH SHERATZIM - Eight Impure Scampering Animals)
(a)All objects belong to one of three categories:
1.Sources of Tum'ah
2.Objects that can become Tamei
3.Objects that cannot become Tamei
(b)A source of Tum'ah is called an Av ha'Tum'ah ("father of Tum'ah"). The exception to this is a corpse, which is referred to as the "Avi Avos ha'Tum'ah," due to the fact that it can generate more Tum'ah than any other object. When an object becomes Tamei from coming into contact with an object which is Tamei, that object does not receive the same Tum'ah as that of the first object, but rather a level of Tum'ah one degree weaker than the first. If an object came into contact with an Av ha'Tum'ah, it is called a Rishon l'Tum'ah. Tum'ah received from a Rishon creates a Sheni l'Tum'ah, and that from a Sheni creates a Shelishi (in certain cases), etc. Any level of Tum'ah below that of an Av ha'Tum'ah is called a Vlad ha'Tum'ah ("child of Tum'ah").
(c)Mid'Oraisa, a metal utensil can become an Avi Avos ha'Tum'ah, an Av ha'Tum'ah, or a Rishon l'Tum'ah (see Insights to Pesachim 14b); all utensils other than earthenware can become an Av ha'Tum'ah or Rishon l'Tum'ah; and earthenware utensils can become a Rishon l'Tum'ah. Food and liquids which are Chulin can become a Rishon l'Tum'ah or a Sheni l'Tum'ah, Terumah can become a Shelishi l'Tum'ah, and Hekdesh can become a Revi'i l'Tum'ah.
(b)There are eight Sheratzim ("scampering animals") described by the Torah as sources of Tum'ah (Vayikra 11:29-38). A dead Sheretz or part of a dead Sheretz the size of an Adashah (lentil bean) is an Av ha'Tum'ah (Chagigah 11a). If a person or object makes either willing or unwilling contact with a Sheretz, he/it becomes Tamei; this is known as Tum'as Maga. The eight Sheratzim (based upon Rabbi Aryeh Kaplan's "The Living Torah" and other sources) are:
1.CHOLED - a weasel [alt., a martin or an ermine (ARUCH), a rat (TARGUM, TOSFOS YOM TOV), a mole or mole-rat (ARUCH), or a field mouse (TARGUM YONASAN)]. The Gemara describes a Choled as a predatory animal which tunnels under the ground, potentially weakening the foundation of a house.
2.ACHBAR - a mouse; some sources appear to include a rat in the definition of Achbar as well
3.TZAV - a toad (RASHI Vayikra 11:29, Nidah 56a; this is also evident from the Mishnah in Taharos 5:1 which implies that it is easily confused with a frog — see Rishonim there). Alternatively, a turtle (ME'AM LOEZ, TIFERES YISRAEL to Taharos ibid.). According to the Septuagint it is a land crocodile (perhaps the monitor, see KO'ACH; this would fit with the Gemara (Chulin 127a) which associates it with the salamander and snake). Others identify it as a ferret. This is the Sheretz referred to in our Gemara.
4.ANAKAH - a hedgehog or porcupine; alternatively, a beaver (RADAK). [The Septuagint identifies the Anakah as a mole, shrew mouse or field mouse.] Rabeinu Sa'adya Ga'on identifies it as a gecko, a type of lizard with a soft speckled hide which may grow to five inches in length; "Anachah" means to groan, and the gecko makes a groaning sound.
5.KO'ACH - a lizard (RADAK quoting RASHI) [chameleon, according to the Septuagint.] According to some translations the Ko'ach would appear to be the monitor or monitor lizard. This is the largest reptile living in the Holy Land, growing to be as long as four feet. Found on the coast, in the Negev, and in the Aravah, it feeds upon rodents and other reptiles (RADAK, RABEINU SA'ADYA GAON).
6.LETA'AH - a lizard; some identify this as the great gecko.
7.CHOMET - a snail or slug (RASHI) [alt., a lizard; alt. a skink, a short-legged lizard of which four varieties are found in Eretz Yisrael]
8.TINSHEMES - a mole (Rashi Chulin 63a) [alt., a large-headed lizard which burrows underground; most probably a species of gecko]
(e)One who becomes Tamei through coming into contact with a Sheretz may not eat Terumah or Kodshim nor enter the Azarah of the Beis ha'Mikdash. He need not wait before immersing in a Mikvah. After doing so, he must wait until nightfall to become Tahor; after that time he may once again eat Terumah and Kodshim and enter the Azarah.
20)[line 37]ברה''י ספיקו טמא ברשות הרבי' ספיקו טהורBI'RESHUS HA'YACHID SEFEIKO TAMEI; BI'RESHUS HA'RABIM SEFEIKO TAHOR (SAFEK TUM'AH BI'RESHUS HA'YACHID / BI'RESHUS HA'RABIM - A Possible Source of Tum'ah in a Public or Private Domain)
(a)When there is a doubt as to whether an object is Tahor or Tamei, its status depends upon its location. If the object is in a Reshus ha'Rabim (public domain), then the object may be considered Tahor. If it is in a Reshus ha'Yachid (private domain), then it must be considered Tamei.
(b)This is learned from the law regarding a women suspected of being unfaithful to her husband. If two people witness the unfaithfulness of a Sotah, she is judged to be Teme'ah and therefore may not remain married to her husband. Similarly, when there are two people present when a doubt arises regarding the Tum'ah/Taharah status of a person or object, he or it is judged to be Tamei. Such a case is referred to as a Reshus ha'Yachid l'Tum'ah. If more than two people are in the area wherein the doubt arose, it is a Reshus ha'Rabim l'Tum'ah. In such a case, the person or object is judged to be Tahor.
(c)From that which one who touched a pile of nine Sheratzim and one frog is judged to be Tahor in a Reshus ha'Rabim, we see that Kavu'a — in this case the pile of dead animals, which has not moved from its place — is Halachically considered an even Safek even when this leads to a leniency.
21)[line 38]"וארב לו וקם עליו""V'ARAV LO V'KAM ALAV"- "[And if a man should hate his fellow,] and then lie in wait for him and rise against him, [and mortally wound him such that he dies, and then flee to one of these cities.]" (Devarim 19:11) - This verse is part of the description of one who is not protected by an Ir Miklat (see Background to Yevamos 120:41), but is rather put to death by Beis Din.
22)[line 39]עד שיתכוין לוAD SHE'YISKAVEN LO- [Rebbi Shimon maintains that from that which the verse stresses that the murderer plotted against a specific individual we learn that he is not liable for punishment] unless he had [his victim] specifically in mind [but not in a case in which he mistakenly killed someone else]
23)[line 40]לזורק אבן לגוL'ZOREK EVEN L'GAV- one who [indiscriminately] to throw a stone into [a group of people]
24)[line 43]ספק נפשות להקלSAFEK NEFASHOS L'HAKEL- a doubt about whether or not one is liable for the death penalty is treated leniently (he is not put to death; see Insights)
25)[line 46]הלכה כרבי יוסיHALACHAH K'REBBI YOSI- the Halachah follows the opinion of Rebbi Yosi [who quoted Rebbi Yochanan ben Nuri in our Mishnah, stating that we follow a single majority in allowing a woman to marry a Kohen]
26)[line 47]הוראת שעה היתהHORA'AS SHA'AH HAYESAH- it was a one-time ruling [based upon other mitigating factors, but normally a double majority is required]
27)[line 1]מצא בה תינוק מושלךMATZA BAH TINOK MUSHLACH- if one found an abandoned baby in [a city]
28)[line 3]לא שנוLO SHANU- we did not learn [that the baby has the status of a Jew when the majority of the inhabitants of the city are Jewish]
29)[line 4]להחיותוL'HACHAYOSO- [that Beis Din have] to supply him with his basic living needs [should he require assistance, as they must for all Jews (Vayikra 25:36)]
30)[line 4]ליוחסיןL'YUCHASIN- (lit. for purposes of lineage) [to allow the baby (if she is female)] to marry a Kohen
31)[line 5]לפקח עליו את הגלL'FAKE'ACH ALAV ES HA'GAL- to clear rubble from upon him [on Shabbos]
32)[line 5]אשתמיטתיהISHTEMITSEI- it escaped him; i.e., he forgot
33)[line 8]קשיא האKASHYA HA- this [Mishnah which implies that a baby requires a double majority in order to marry a Kohen] poses a question [since now the implication of his statement that we do not generally follow the ruling of our Mishnah is that normally only one Rov is required]
34)[line 8]מאן דמתני הא לא מתניMAN D'MASNI HA LO MASNI HA- he who taught this (i.e., Rav Chanan bar Rava) did not teach that [(a) statement of Rebbi Yehudah in the name of Rav, and Rav Chanan bar Rava agrees in principle with Rav Chiya bar Ashi (RASHI, TOSFOS DH Man); (b) Mishnah which implies that a baby requires a double majority in order to marry a Kohen, and Rav Chanan bar Rava maintains that only one Rov is required (RABEINU CHANANEL cited in TOSFOS DH Man; BA'AL HA'MA'OR)] (see Insights)
35)[line 13]ומי אמר שמואל הכיU'MI AMAR SHMUEL HACHI?- and did Shmuel indeed say that [one may only desecrate Shabbos in order to possibly save the life of one who is presumed Jewish due to a majority]?
36)[line 22]להחזיר לו אבידהL'HACHZIR LO AVEIDAH- to return his lost object to him [even if it has already been found by a Jew]. It is forbidden to return the lost object of a Nochri (Sanhedrin 76b).
37)[line 23]לנזקיןL'NIZAKIN (SHOR TAM / SHOR MU'AD - The Restitution Made by the Owner of an Ox that Gored other Animals)
(a)An ox that has never before gored another animal — or even if has done so, but not more than twice — is termed a Tam. Should such an ox gore another animal, then its owner need only pay half of the damages, as such behavior is unusual among oxen. Furthermore, he need not pay any more than the worth of his ox ("mi'Gufo") (Shemos 21:35).
(b)If an ox has gored the same species of animal three times or more, and its owner was informed and duly warned to guard his ox after each time, then the ox is termed a Mu'ad. Since its owner has been negligent, he must make full restitution for the damages caused by his animal, even if this amounts to more that the value of his animal ("Min ha'Aliyah") (Shemos 21:36). Additionally, if a Mu'ad kills a person, then his owner is liable to Misah b'Yedei Shamayim (death delivered through natural means; see Background to Yevamos 3:27). He may, however, redeem himself by paying "Kofer" to the children or heirs of the dead man (Shemos 21:30). The amount paid as Kofer is either his own value, or the value of the dead man, depending upon the various opinions of the Tana'im (Makos 2b).
(c)The Mishnah (Bava Kama 37b) differentiates between an ox owned by a Jew that gores an animal owned by a Nochri and an ox owned by a Nochri that gores that of a Jew. In these scenarios, the Nochri must always make full restitution, whereas the Jew is completely exempt from any payment.
38)[line 24]דנגחיה תורא דידן לתורא דידיהD'NAGCHEI TURA DIDAN L'TURA DIDEI- that an ox of ours (i.e., one belonging to one who is definitely a Jew) gored his ox
39)[line 25]אייתיAISI- bring
40)[line 26]ושקולU'SHKOL- and take [your due]
41)[line 27]פלגאPALGA- half
PEREK #2 HA'ISHAH SHE'NIS'ARMELAH
42)[line 30]שנתארמלהSHE'NIS'ARMELAH- who was widowed
43)[line 32]והוא אומרV'HU OMER- and he [or his heirs] say
44)[line 33]שיצאת בהינומאSHE'YATZAS B'HINUMA- that if she went out [from her father's house] in the manner [in which Besulos customarily go to their wedding] (RABEINU CHANANEL, cited by the ARUCH in Erech Hinuma). The Gemara describes the customs to which our Mishnah is referring.
45)[line 33]וראשה פרועV'ROSHAH PARU'A- and her hair unbound [and lying on her shoulders]
46)[line 35]חילוק קליותCHILUK KELAYOS- the allocation of [sweet] roasted grain kernels
47)[line 35]ומודה רבי יהושעU'MODEH REBBI YEHOSHUA- and Rebbi Yehoshua agrees [to Raban Gamliel]. The Gemara discusses how this statement relates to our Mishnah.