PESACHIM 22 (10 Shevat) - Dedicated by Hagaon Rav Yosef Pearlman of London, England, in memory of his father in law, Harav Yeshayah ben Rav David Chaim Goldberg Z"L, who passed away on 10 Shevat 5738.

[22a - 29 lines; 22b - 47 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 22b [line 51]:

The word v'Itzterich ואיצטריך appears to be unnecessary.


1)[line 4]חולין שנשחטוCHULIN SHE'NISHCHETU BA'AZARAH

(a)It is forbidden to slaughter any animal in the Azarah that is not a Korban. This is derived from the verse, "If the place chosen by HaSh-m your G-d is far... and you shall slaughter..." (Devarim 12:21). Chazal learn from this verse that one may only slaughter Chulin outside of the Azarah of the Beis ha'Mikdash.

(b)If an animal of Chulin is slaughtered in the Azarah, it is forbidden to derive any pleasure from it. There is a difference of opinion amongst the Amora'im as to whether this law is mid'Oraisa or mid'Rabanan in origin.

2)[line 6]גיד הנשהGID HA'NASHEH

(a)The Gid ha'Nasheh is the sciatic nerve — the large main nerve of the lower extremity — which runs down the back of the rear leg. Eating the part of the Gid ha'Nasheh located on the rounded part of flesh ("Kaf") which sits upon the hipbone is prohibited by the Torah (Bereishis 32:33) .

(b)Rebbi Yehudah is of the opinion that this prohibition applies to only one leg. He then says that "knowledge determines" that this is the right leg. It is unclear if his intention was that it may be inferred from the Torah that only the Gid ha'Nasheh of the right leg is prohibited, or if it is most likely that the Gid which is prohibited is the right one, although we cannot be absolutely certain. According to all other Tana'im, this prohibition applies equally to the Gid ha'Nasheh of both rear legs (Chulin 90b).

(c)This prohibition applies to both wild and domesticated four-legged animals, but does not apply to birds.

(d)Aside from the Gid, which is prohibited by the Torah, certain nearby fats and nerves are prohibited mid'Rabanan.

3)[line 9]מפני שמקומו ניכרMIPNEI SHE'MEKOMO NIKAR- since its place is obvious (that is, no Jew will mistakenly assume that it was removed by the original Jewish owner and therefore eat it).

4)[line 11]יש בגידין בנותן טעםYESH B'GIDIN B'NOSEN TA'AM

(a)There is a disagreement amongst the Tana'im (here and in Chulin 99b) as to whether or not Gidin (nerves) transfer their taste to other foods that they are cooked with. A number of Halachos are dependent upon this Machlokes:

(b)If meat is cooked together with the Gid ha'Nasheh (see above, entry #2), is it forbidden to eat the meat? If Gidin transfer their taste to food, the meat is forbidden; if they do not transfer their taste to food, then the meat is permitted (Chulin 99b).

(c)Is the Gid ha'Nasheh of a non-Kosher animal or an animal which is Hekdesh prohibited solely due to the fact that it is a Gid ha'Nasheh, or also because it is not Kosher or Hekdesh? If Ein b'Gidin b'Nosen Ta'am, the Gid is not considered meat but rather it is similar to bone (since it is inedible), and the prohibitions of eating non-Kosher animals or those of Hekdesh do not apply (Chulin 89b, 100b).

(d)Is the Gid ha'Nasheh Mutar b'Hana'ah (may one derive benefit from it)? The Torah states that a Neveilah (an animal that is killed or dies without proper Halachic slaughter) is Mutar b'Hana'ah (Devarim 14:21). As the Gid ha'Nasheh is part of the carcass of a Neveilah, it seemingly should also be Mutar b'Hana'ah. However, according to the Tana'im who rule Ein b'Gidin b'Nosen Ta'am, the Gid is not considered part of the meat of the Neveilah, but rather similar to its bones. Since only the meat of a Neveilah is Mutar b'Hana'ah, the Gid would remain Asur b'Hana'ah according to this view (RASHI 22a, 23b).

5)[line 20]אלו ואלוEILU V'EILU- these (the blood of the Korbenos Chatas slaughtered inside of the Heichal) and these (the blood of the Korbenos Chatas slaughtered outside of the Heichal)

6)[line 20]באמהAMAH- the channel of water that runs through the Azarah of the Beis ha'Mikdash

7)[line 21]לנחל קדרוןNACHAL KIDRON- The valley of Kidron (located to the south of Yerushalayim)

8)[line 21]לגנניןGANANIN- gardeners

9)[line 21]לזבלZEVEL- fertilizer

10)[line 21]ומועלין בוMO'ALIN BO (ME'ILAH)

(a)It is forbidden to derive any personal benefit from that which is Hekdesh, as the Torah states, "Lo Suchal le'Echol bi'Sh'arecha... v'Chol Nedarecha Asher Tidor" - "You may not eat in your settlements... and your pledges [to Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos Me'ilah 1:1-3). The minimum amount of benefit for which one transgresses this prohibition is a Perutah's worth.

(b)If someone benefited from Hekdesh intentionally, he is liable to receive Malkus (according to the Rabanan; according to Rebbi he is liable for Misah b'Yedei Shamayim). In addition, he must pay Hekdesh for the benefit which he received; however, the object from which he benefited remains Hekdesh.

(c)If someone benefited from Hekdesh unintentionally, he must bring a Korban known as a Korban Me'ilah. He must then reimburse Hekdesh the value of his benefit plus an additional fifth (of the ensuing total, equal to a quarter of the original value). The object then loses its Kedushah. This is true of any object which has the status of Kedushas Damim (i.e. it itself will not be used by Hekdesh, but rather its value is consecrated to Hekdesh). An object which has the status of Kedushas ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a live animal pledged to be offered as a Korban) does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).

(d)The Mishnah brought in our Gemara teaches that it was forbidden to derive personal benefit from the blood which flowed into Nachal Kidron until its value was given to Hekdesh.

11)[line 24]המתנסכיםHA'MISNASCHIM- which are poured [as a libation on the Mizbe'ach (on Sukos)]


12)[line 6]אבר מן החיEVER MIN HA'CHAI

(a)Ever Min ha'Chai refers to an entire limb detached from an animal while it is still alive. An organ is considered a complete limb whether it contains bone, flesh and sinews (such as a hand or foot) or only flesh (such as the tongue or heart). Basar Min ha'Chai refers to flesh detached from a limb of an animal while it is still alive. Both are forbidden to be eaten by the Torah (RAMBAM Hilchos Ma'achalos Asuros 5:1).

(b)The prohibition to eat Ever Min ha'Chai is derived from the Pasuk of "v'Lo Sochal ha'Nefesh Im ha'Basar" - "You shall not eat the spirit together with the flesh" (Devarim 12:23). If the limb contains only flesh (e.g. the tongue or heart), then he who eats it receives lashes if he consumes an entire k'Zayis of flesh. If the limb contains bones, sinews and flesh, then the bone and sinews may be combined with the flesh to make up a k'Zayis as long as the limb is eaten in that form (as opposed to one who detached the meat from the bone etc. prior to its consumption). One does not receive lashes for eating less than a k'Zayis even if he ate an entire limb. (RAMBAM Hilchos Ma'achalos Asuros ch. 5; SEFER HA'CHINUCH #452)

13)[line 16]דם הקזה שהנפש יוצאה בוDAM HAKAZAH SHEHA'NEFESH YOTZE'AH BO- the life-blood that is let during the process of blood-letting. (The Gemara in Kerisus 22a explains which blood is considered the life-blood. It does not mean that the loss of this blood causes the person or animal to die; to the contrary, it is part of the normal process of blood-letting. Rather, this blood is the same type of blood as that which when let uncontrollably, causes the person or animal to die.)

14)[line 17]שור הנסקלSHOR HA'NISKAL

An animal that killed a person is stoned to death by Beis Din, as described in Shemos (21:28-31). After it is sentenced to be stoned, it is Asur b'Hana'ah.

15)[line 33]לחצי כופרCHATZI KOFER

(a)SHOR HA'MU'AD - An ox that gores two times is referred to as a Tam. The owner only pays half the value of the damages that his ox causes through goring. If the ox gored three times and the owner was informed and warned to guard his ox each time, the ox is termed a Mu'ad and from then on the owner has to pay the full value of the damages that his ox causes through goring.

(b)CHIYUV KOFER - If a person's Shor ha'Mu'ad kills another person, the owner of the ox is Chayav Misah b'Yedei Shamayim. He can redeem himself by paying Kofer to the children or heirs of the dead man, as the verse states, "v'Im Kofer Yushas Alav, v'Nasan Pidyon Nafsho" (Shemos 21:30). The amount paid as Kofer is defined as either the owner's value, or the dead man's value, according to the various opinions of the Tana'im (Makos 2b). If the ox kills a slave, the Kofer is 30 Sela'im and it is paid to the slave's owner.

(c)CHATZI KOFER - Although the owner of a Shor Tam pays half of the damages that it causes, he does not pay half of the Kofer if his ox kills a person. Rebbi Eliezer learns this Halachah from the verse, "u'Ba'al ha'Shor Naki" (Bava Kama 41b).

16)[line 34]ולדמי וולדותDEMEI VELADOS - Restitution for Causing a Miscarriage

(a)When a pregnant woman miscarries after being struck accidentally by a person, the verse states "Ka'asher Yashis Alav Ba'al ha'Ishah..." - "what the husband will sue him for, he will pay (i.e. the value of fetuses), as determined by the courts" (Shemos 21:22).

(b)If a Shor ha'Mu'ad causes a woman to miscarry, Rebbi Yosi ha'Gelili learns from the verse, "u'Ba'al ha'Sor Naki," that the owner of the ox does not pay Demei Velados (Bava Kama 42a).

17)[line 44]ערלהORLAH

(a)In the first three years after a fruit tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.

(b)If a person eats a k'Zayis of Orlah fruit, he receives Malkus. If he derives benefit from Orlah (or any other food that is Asur b'Hana'ah), according to most Rishonim he is punished with Malkus (TOSFOS Chulin 120a DH Ela), while according to others, he is only punished with Makas Mardus (a Rabbinic institution of Malkus). (RAMBAM Hilchos Ma'achalos Asuros 8:16 — see also Mishneh l'Melech to Yesodei ha'Torah 5:8.)