PESACHIM 72 (25 Elul) - Dedicated in memory of Yechiel Avraham Avigdor ben Eliyahu Glaser z'l, by his brother Yisrael and family. May Avigdor's children merit to grow in Torah and Yiras Shamayim, and become sources of pride and Nachas to their father in Gan Eden.

[72a - 48 lines; 72b - 49 lines]

1)[line 2]עקירה בטעות הויא עקירהAKIRAH B'TA'US HAVYA AKIRAH (AKIRAH)

(a)If any of the four primary Avodos (see Background to Pesachim 59:16) of a Korban are performed she'Lo Lishmah (with a different owner or Korban in mind), it is Kosher and may be offered upon the Mizbe'ach. However, if its owner was obligated to bring that particular Korban, he must bring another sacrifice in its stead to fulfill his obligation. Since the Avodos were performed she'Lo Lishmah, the original designation of the Korban was "uprooted" (Akar), and it is not considered to have been offered for the sake of its original owners. Exceptions to this rule are the Korban Pesach and Korban Chatas. When these Korbanos are not designated for any individual, they are Pasul.

(b)This is true for a Korban Pesach slaughtered she'Lo Lishmo on the afternoon of Erev Pesach, which is the time when it may be slaughtered as a Korban Pesach. If a Korban Pesach is offered before Erev Pesach it has the status of a Shelamim (see Background to 59:17). In order for this to be true, however, the Korban must undergo an "Akiras Shem." This means that the owner of the animal must declare or otherwise demonstrate that he no longer considers this animal to be a Pesach.

(c)A Korban Pesach slaughtered after that time ("Mosar ha'Pesach"; see Background to Pesachim 70:18) mostly has the status of a Korban Shelamim, and consequently when slaughtered she'Lo Lishmo (as a Shelamim or any another Korban) it is Kosher. There are those, however, who maintain that even such an animal - though it will never again be possible to offer it as a Korban Pesach - requires an Akirah in order for it to be considered a Shelamim (Pesachim 64a (see TOSFOS 60b DH b'She'ar); Yoma 63a). Whenever an Akiras Shem is necessary and the animal is slaughtered without one, it is still considered a full-fledged Pesach and is Pasul as it was not slaughtered during its proper time (see Pesachim 60b).

(d)If one offers his animal which he had previously designated as a Pesach "she'Lo Lishmo" - with intent that it be a regular Shelamim or other Korban - this qualifies as an Akirah, and the animal has the status of a regular Korban Shelamim.

(e)As mentioned in (c) above, a declaration or other demonstration on the part of the owner that he no longer considers his animal a Pesach constitutes an Akiras Shem. If one mistakenly thought his Pesach to be a Shelamim and he offered it as such, the Amora'im disagree (Menachos 49b) as to whether this is considered an Akiras Shem or a Korban Pesach offered she'Lo Lishmo. According to the opinion that "Akirah b'Ta'us Havya Akirah," this Korban is a valid Shelamim of Mosar ha'Pesach. According to the opinion that "Akirah b'Ta'us Lo Havya Akirah," the Korban is still a full-fledged Pesach and is therefore disqualified when offered she'Lo Lishmo.

2)[line 10]באוכלוסא דאינשיB'UCHLUSA D'INSHEI- amid a large group of people

3a)[line 11]תנא מיניה ארבעין זימניןTANA MINEI ARBE'IN ZIMNIN- he learned it from him forty times

b)[line 12]ודמי ליה כמאן דמנחא בכיסיהV'DAMI LEI K'MAN D'MUNACH B'CHISEI- and it was as if it had been placed in his pocket; i.e. he knew it well

4)[line 17]לא שני ליהLO SHANI LEI- it makes no difference (he does not differentiate between To'eh and Oker)

5)[line 18]לישני ליהLISHNI LEI!- let him answer [that there is no proof from the Reisha, as the Reisha is talking about a case of To'eh and this is a case of Oker]!

6)[line 31]חייבCHAYAV- Since the infant is not yet eight days old, no Mitzvah of Milah yet applies to him. Therefore even Rebbi Yehoshua agrees that he is not a To'eh b'Dvar Mitzvah.

7)[line 32]ומל את של אחר השבת בשבתU'MAL ES SHEL EREV SHABBOS B'SHABBOS- The infant who was eight days old on Erev Shabbos did not receive a Milah then due to sickness or some other extenuating circumstance. The Mohel mistakenly circumcised him on Shabbos in place of the baby who only then turned eight days old. Although it was not an example of Milah bi'Zmano which overrides Shabbos, since the infant was already eight days old a Mitzvah was performed.

8)[line 41]מאבל ערבME'AVEL ARAV- from the city "Avel" which is located in the region of Arav (a term once used for Ever ha'Yarden). There is conjecture that this city is either the Avel Keramim of Shoftim 11:33 (Tevu'os ha'Aretz), or Tel-Abila (present day Irbid, second largest city in Jordan) in the area of Gader, north of the Yarmoch River. The city of Abila was known for its wine production; ancient coinage found there boasts a cluster of grapes on one of its faces (Rabbi Y. Landy).

9)[line 44]על מה נחלקו...AL MAH NECHLEKU...- The Gemara at this point understands the differentiation made by Rebbi Meir to be that in the first case the Mohel circumcised both infants - first the infant who was eight days old, and then the one who was not exactly eight days old. In the second case he only circumcised he who was not yet eight days old. The difference is whether or not he was involved in the Mitzvah at the time that he was To'eh. (Rebbi Meir does not require that an actual Mitzvah be accomplished for a To'eh b'Dvar Mitzvah to be Patur according to Rebbi Yehoshua; see Background to 71:23:c:3.)


10)[line 1]שלא נתנה שבת לדחות אצלוSHE'LO NITNAH SHABBOS LIDACHOS ETZLO- when the situation provided no allowance for him to override Shabbos

11)[line 1]וסיפא נתנה שבת לדחות אצלוV'SEIFA, NITNAH SHABBOS LIDACHOS ETZLO- By this same reasoning, if one slaughters an animal on Shabbos thinking that it is a Tamid - even if the Tamid has already been slaughtered - he is a To'eh b'Dvar Mitzvah according to Rebbi Meir. This is because one is always in a situation which allows him to override Shabbos in order to offer the Korban Tamid.

12)[line 20]לא טריד בהוLO TARID BEHU- he is not involved in [the process of bringing] them [to be offered]

13)[line 21]מאי לי אמר רבי מאירMAI LI AMAR REBBI MEIR- what has Rebbi Meir told us [regarding the Halachah in such a case]?

14)[line 28]אקילעאA'KIL'A- on the porch (O.F. porje)

15)[line 29]בשפוד של צליSHEPUD SHEL TZLI- a skewer of roasted meat [of Kodshim, the consumption of which is a Mitzvah]

16)[line 30]איכא דאמרי כל שכן בההיא דמחייבIKA D'AMRI KOL SHE'KEN BEHA'HI D'MECHAYEV- some explain that certainly [Rebbi Yochanan agrees with Reish Lakish] in that case [of one who mistakenly ate Nosar] that he must [bring a Chatas]

17a)[line 32]דהוה ליה לשיוליD'HAVAH LEI L'SHIYULEI- he should have asked [her if she is a Nidah]

b)[line 32]דלא הוה ליה לשיוליD'LO HAVAH LEI L'SHIYULEI- there was no one for him to ask

18)[line 33]יבמתו דקא עביד מצוהYEVIMTO D'KA AVID MITZVAH (YIBUM / CHALITZAH)

(a)If a married man dies childless, his widow may not marry whomever she pleases. She first must undergo Yibum (levirate marriage; that is, she must marry her dead husband's brother), as the Torah states in Devarim 25:5-10. If the deceased had more than one brother, there is a preference for the oldest brother to perform Yibum (Yevamos 24a).

(b)If the brother chooses not to marry her, he must perform Chalitzah (a procedure in Beis Din that absolves her of the Mitzvah of Yibum). He appears before a Beis Din of three and states, "I do not want to marry her," after which his sister-in-law approaches him before the elders, takes off his right sandal and spits in front of him. She then declares, "This is what shall be done to the man who will not build up a family for his brother," and she is then free to marry whomever she wants.

(c)The nebulous state of the widow until a brother performs with her Yibum or Chalitzah is termed "Zikah". If she accepts Kidushin from someone during this period, despite the fact that it is forbidden to do so, the Amora'im argue as to whether the Kidushin is legally binding or not (Yevamos 92b).

19)[line 33]אשתו נמי קא עביד מצוהISHTO NAMI KA AVID MITZVAH (PIRYAH V'RIVYAH)

There is a positive Mitzvah to procreate, as the Torah states, "... va'Yomer Lahem Elokim, Pru u'Revu u'Mil'u Es ha'Aretz v'Chivshuha" - "... and Elokim said to them (Adam and Chavah): Be fruitful and multiply and fill up the earth and conquer it" (Bereishis 1:28).

20)[line 34]שמחת עונהSIMCHAS ONAH (SHE'ER KESUS V'ONAH)

(a)Marriage creates a bond between husband and wife, which evinces itself in many ways. This bond is Halachically expressed as a familial relationship between a man and his wife, much like that between blood relatives. Chazal refer to this relationship as "She'er" (Yevamos 97a.) A marriage relationship obligates each of the parties to the other monetarily as well (see Background to Kidushin 2:1 for a full discussion of this topic).

(b)Among those things with which a husband must provide his wife are She'er (sustenance), Kesus (clothing), and Onah (marital relations). The performance of each of these obligations constitutes the fulfillment of a positive Mitzvah.

(c)The frequency with which the Mitzvah of Onah must be performed depends on one's occupation. Average laborers are required to fulfill this Mitzvah twice a week, while some occupations allow for the fulfillment of Onah only twice a year (see Kesuvos 61b for the complete list). Additionally, any time that one senses that his wife desires relations he has the opportunity to fulfill this Mitzvah.

(d)There is a Mitzvah to refrain from fulfilling Mitzvas Onah within a half-day of the time one's wife expects to receive her period.

21)[line 35]סמוך לווסתהSAMUCH L'VESTAH- [The Gemara answers that Rebbi Yochanan is referring to] the day or night adjacent to the time when she regularly becomes a Nidah

22)[line 35]בזיז מינהBAZIZ MINAH- he is embarrassed to ask her [when she expects her period, and he did not have any reason to suspect that it was close (TOSFOS DH Samuch)]

23)[line 38]דזמנו בהולZEMANO BAHUL- he is pressed for time [since the Lulav must be shaken on that day]

24)[line 39]רבי יהושע דזבחיםREBBI YEHOSHUA D'ZEVACHIM- that is, the opinion of Rebbi Yehoshua expressed in our Mishnah


Regarding the forbidden union of a Kohen and a woman whom he may not marry, the Torah states "Lo Yechalel Zar'o b'Amav" - "He shall not profane his seed among his people" (Vayikra 21:15). The word "Yechalel" is taken by Chazal to mean that the product of such a union is Chulin - not sacred as a Kohen. He therefore may neither partake of any of the twenty-four Matnos Kehunah nor perform the Avodah in the Beis ha'Mikdash. A Kohen is forbidden to marry a divorcee by Torah Law. The Chachamim decreed that a Kohen may not marry a Chalutzah either (see above, entry #18).

26)[line 42]בתרומה בערב הפסחB'TERUMAH B'EREV PESACH- with Terumah [of Chametz] on Erev Pesach

27)[line 46]"[ישימו קטורה באפך וכליל על מזבחך] ברך ה' חילו ופעל ידיו תרצה""[YASIMU KETORAH B'APECHA, V'CHALIL AL MIZBECHECHA.] BARECH HASH-M CHEILO, U'FO'AL YADAV TIRTZEH"- "[They shall place incense before You and Olah sacrifices upon Your altar.] May HaSh-m bless his possessions and favor the work of his hands" (Devarim 33:10-11). Rebbi Yehoshua understands the word "Cheilo" to hint to profaned descendants of the Kehunah (Chalalim), considering the context of the verse.

28)[line 47]אמשEMESH- the evening prior