PESACHIM 26 (Tisha b'Av) - Dedicated by Rabbi Dr. Eli Turkel of Ra'anana, Israel, in memory of his father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel. Isi Turkel, as he was known, loved Torah and worked to support it literally with his last ounce of strength. He passed away on 10 Av 5740.

[26a - 46 lines; 26b - 35 lines]

1)[line 6]והא הכא דלא אפשרV'HA HACHA D'LO EFSHAR- since there was no Beis ha'Midrash large enough to contain all of the students, and it was too hot to sit in the open sun, this is considered a case of Lo Efshar

2)[line 9]לוליןLULIN- openings in the ceiling

3)[line 10]שבהן משלשליןBA'HEN MESHALSHELIN- they would lower

4)[line 11]שלא יזונו עיניהםSHE'LO YAZUNU EINEIHEM- that they should not gratify/satiate their eyes

5)[line 15]מעילהME'ILAH

(a)It is forbidden to derive personal benefit from anything that is Hekdesh. This is learned from the prohibition of "Lo Suchal l'Echol b'Sha'arecha... u'Nedarecha Asher Tidor" - "You may not eat in your settlements... your pledges that you will pledge" (Devarim 12:17; RAMBAM Hilchos Me'ilah 1:1-3). The minimum amount for which one transgresses this prohibition is a Perutah's worth of benefit.

(b)If someone benefited from Hekdesh intentionally, he receives Malkus and must pay to Hekdesh the amount that he benefited. However, the object from which he benefited remains Hekdesh.

(c)If someone benefited from Hekdesh unintentionally, the object loses its Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his benefit plus an additional fifth (of the ensuing total, or a quarter of the original value). This is true of any object that has Kedushas Damim (i.e. its value is consecrated to Hekdesh). An object that has Kedushas ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as is") does not lose its Kedushah under any circumstances.

6)[line 25]המפטם את הקטורתHA'MEFATEM ES HA'KETORES- one who compounds incense

7)[line 26]להתלמד בהL'HISLAMED BAH- in order to practice and learn how to make the incense for the Beis ha'Mikdash

8a)[line 30]לאחר שתעלה תמרותוL'ACHAR SHE'TA'ALEH TIMRASO- after the smoke of the Ketores rises

b)[line 30]לאחר שתעלה תמרותו אין בו משום מעילהL'ACHAR SHE'TA'ALEH TIMRASO, EIN BO MISHUM ME'ILAH- The Gemara is answering its question: Sometimes the laws of Me'ilah do apply to the scent of the Ketores - that is, before the smoke of the Ketores rises and its Mitzvah is performed.

9)[line 33]תרומת הדשןTERUMAS HA'DESHEN

(a)Every morning a Kohen must remove some of the ashes from the consumed sacrifices and place them southeast of the Mizbe'ach alongside the ramp, at a distance of three Tefachim (approx. 10.5 inches) from the ramp and 10 Amos from the foot of the ramp, as described in Vayikra 6:3.

(b)It is forbidden to derive benefit from these ashes even after they are placed at the side of the ramp. Generally, after the completion of a Mitzvah that is performed with a particular object, it becomes permitted to derive benefit from the object (if it was previously forbidden). The Torah specifies that with regard to Terumas ha'Deshen, however, even though its Mitzvah has been completed once the ashes are placed on the floor of the Azarah, they remain Asur b'Hana'ah.

10)[line 34]"[... והרים את הדשן אשר תאכל האש את העלה על המזבח;] ושמו אצל המזבח""[V'HERIM ES HA'DESHEN ASHER TOCHAL HA'ESH ES HA'OLAH AL HA'MIZBE'ACH,] V'SAMO ETZEL HA'MIZBE'ACH"- "[... and [the Kohen shall] pick up the ashes which the fire has consumed with the burnt offering on the altar and] he shall put them beside the altar" (Vayikra 6:3).


(a)The Bigdei Lavan of the Kohen Gadol are the four white linen garments that the Kohen Gadol wears when performing the Avodas Penim (the service that included entering the Heichal and the Kodesh ha'Kodashim on Yom ha'Kipurim). They are the Kutones (long shirt), Michnasayim (breeches), Avnet (belt), and Mitznefes (turban).

(b)The Kohen Gadol does not use these garments again. There is a dispute among the Tana'im as to what is done with the Bigdei Lavan after each Yom ha'Kipurim. According to the Rabanan, they are never used again. According to Rebbi Dosa, a Kohen Hedyot, whose uniform consists only of these four white garments, is permitted to use them. (See Insights to Kerisus 6:1.)

12)[line 37]וכל שני כתובין הבאין כאחד אין מלמדיןKOL SHNEI KESUVIN HA'BA'IM K'ECHAD EIN MELAMDIN

If two verses reveal the same law regarding two different subjects, we cannot apply the law elsewhere through a Binyan Av. Through the fact that the Torah found it necessary to repeat the law the second time, we may deduce that the law is not meant to be applied automatically in all situations.

13)[line 38]"והניחם שם...""... V'HINICHAM SHAM"- "Aharon shall then go into the Ohel Moed, and take off the white linen garments that he wore when he entered the inner sanctuary; and he shall leave [these garments] there" (Vayikra 16:23).

14)[line 41]ועגלה ערופהEGLAH ARUFAH

(a)If a Jew is found murdered in a field (in Israel) and it is not known who the murderer is, the Torah requires that an Eglah Arufah be brought in order to atone for the blood that was spilled (Devarim 21:1).

(b)Five elders of the Beis Din of the Lishkas ha'Gazis (the Jewish "supreme court") measure the distance between the dead body and the cities around it to determine which city is closest to it.

(c)The elders of the city that is closest to the corpse must bring a female calf that has never been worked to a Nachal Eisan (a swiftly flowing stream - RAMBAM Hilchos Rotze'ach 9:2; a valley with tough soil - RASHI). They strike it on the back of its neck (Arifah) with a cleaver, severing its spinal column, gullet and windpipe.

(d)The elders of the closest city then wash their hands there and say, "Our hands have not spilled this blood, and our eyes did not see [the murder]" (Devarim 21:7). This includes a proclamation that the dead man was not sent away from the city without the proper food for his journey or the proper accompaniment. The Kohanim that are present say, "Atone for Your people Yisrael whom You have redeemed, HaSh-m, and do not place [the guilt for] innocent blood in the midst of Your people Yisrael" (ibid. 21:8). After this procedure, HaSh-m will grant atonement for the innocent blood that was spilled (RAMBAM Hilchos Rotze'ach 9:3).

15)[line 44]לרבקהRIVKAH- a team of threshing cattle [(O.F. cople) couple, animals that are tied together]

16)[line 44]ודשהV'DASHAH- and it threshed

17)[line 45]שתינקSHE'TINAK- that it should nurse


18)[line 3]עבד / עובדAVAD / UBAD (PARAH ADUMAH: MELACHAH)

(a)Only a cow that has not had a yoke placed upon it and has had no other work done with it is Kosher to become a Parah Adumah.

(b)The word "Ubad" ("[work] was done with it") in the verse, "v'Hayah ha'Ir ha'Kerovah El he'Chalal, v'Lakchu Ziknei ha'Ir ha'Hi Eglas Bakar Asher Lo Ubad Bah Asher Lo Mashechah b'Ol" (Devarim 21:3), is spelled without a Vav. It therefore may be read Avad ("he did work [with it]"). From this we learn that the only work that invalidates a calf from Eglah Arufah is work that was done (Ubad) with the full intent of the calf's owner (Avad). The same applies to a Parah Adumah, based on a Gezeirah Shavah. (Sotah 46a)

19)[line 7]לא ישטחנהLO YISHTACHENAH- he may not spread it out

20)[line8]מגודMAGOD- (O.F. cheville) a peg

21)[line 12]דקלי להD'KALI LAH- he destroys it

22)[line 12]עינא בישאEINA BISHA- an evil eye

23)[line 15]והצנועיןHA'TZENU'IN- the scrupulous, who stay away from any hint of sin

24)[line 16]מפשילין לאחוריהם במקלMAFSHILIN LA'ACHOREIHEM B'MAKEL- tie the garments to a stick and put them over their shoulders

25)[line 20]יותץYUTATZ- it must be destroyed

26)[line 21]יוצןYUTZAN- it must be left to cool off before it is used for baking

27)[line 26]דיש שבח עצים בפתYESH SHEVACH ETZIM B'PAS - The bread has appreciated due to the fuel (ISUREI HANA'AH: SHEVACH ETZIM)

(a)If an object that is Asur b'Hana'ah was used to create another object, the resulting object is also Asur b'Hana'ah (Avodah Zarah 49b). This Halachah is not only limited to food. Even if a clay pot or a garment is created through the use of a forbidden object, it is also forbidden (Pesachim 27a). The Tana'im argue about the status of the new object when it is a product of burning the forbidden object. Rebbi rules that even in this case the product is Asur b'Hana'ah. For example, if bread is baked with forbidden fuel (e.g. peels of Orlah fruits or straw of Kil'ei ha'Kerem), the bread is Asur b'Hana'ah, since "Yesh Shevach Etzim b'Pas." The Rabanan assert that since the forbidden fuel has been consumed at the time that it affected the bread, the bread is permitted.

(b)Even Rebbi only rules that the bread is forbidden when "ha'Avukah k'Negdo," that is, when the flame which is consuming the forbidden fuel is burning in the oven while the bread or the clay pot is being baked. If only coals are left at the time of the baking, the product is not prohibited, since the Isur is already gone. The Rabanan who argue, rule that even the flame that extends from the forbidden fuel is not considered part of the object of Isur. Rather, it is a by-product of the consumed forbidden fuel, and it cannot make the bread or utensils Asurim b'Hana'ah.

(c)It is only forbidden to derive benefit from the product of an object that is Asur, if the original object is Asur b'Hana'ah (TOSFOS 26b DH Chadash).

(d)Additionally, the law of "Shevach Etzim" only renders an object Asur if no permitted objects were also involved in its creation. If two objects, one Asur b'Hana'ah and the other Mutar b'Hana'ah, are used to create a third object, and both objects actively participate in the creation of the third object, the third object is prohibited only according to the Tana'im who rule Zeh v'Zeh Gorem Asur (Gemara 26b, 27a).

(e)Although the Rabanan permit eating the bread that is baked using Isurei Hana'ah, since they rule Ein Shevach Etzim b'Pas, nevertheless they forbid baking with Isurei Hana'ah l'Chatchilah (since this certainly constitutes use of an object that is Asur b'Hana'ah).

28)[line 26]זה וזה גורםZEH V'ZEH GOREM

If two objects - one forbidden ("Isur") and one permitted ("Heter") - combine to produce a third object, the Tana'im argue as to whether the third object is forbidden or permitted.

29)[line 29]דשאורSE'OR- sourdough; a very heavily fermented dough that is mixed with fresh dough to cause it to rise

30)[line 32]אחר אחרון אני באACHAR ACHARON ANI VA- I rule that the mixture should have the Halachic status of the last ingredient added.