[3a - 65 lines; 3b - 42 lines]
We recommend using the Girsa'os of the Vilna Ga'on printed in the margins of the Vilna Shas, and the commentary "Tiklin Chadtin" upon which they are based. This section is devoted to any other important corrections that conform to the commentary of the Tiklin Chadtin which are not noted in the Hagahos ha'Gra, and Girsa corrections in the text of the Tiklin Chadtin itself.
 גמרא ג. [שורה 8]
תיבות אלו צ"ל לעיל, בתחילת הסוגיא, לפני "אלו הן צרכי הרבים", (שורה 3) שהוא תחילת התוספתא
 גמרא ג. [שורה 25]
"מכאן לציון, ומצא אבן אחת"
צ"ל "מכאן לציון. מצא אבן אחת"
 גמרא ג. [שורה 29]
"ביניהן טהור וסביבותיהן טמא"
צ"ל "ביניהן טהור ותחתיהן טמא"
(קרבן העדה, וכן נראה גם מדברי התק"ח)
 תקלין חדתין ג: ד"ה האיך נאכלין
"קרבן יחיד, לפי דאינם רוצים"
צ"ל קרבן יחיד, ולפי שאינם רוצים"
1)[line 1]תִּנְיָיןTINYAN- the second
2)[line 3][תמן תנינן] אלו הן צרכי רבים[TAMAN TENINAN,]ELU HEN TZARCHEI RABIM- we learned there [in a Mishnah (Moed Katan 1:2) regarding what is permitted on Chol ha'Mo'ed], "These are considered that which is required by the public" (see Girsa Section #1)
3)[line 4]ערכיןARACHIN (ERECH)
(a)If one wishes to pledge the value of an individual — whether his own or that of someone else — to Hekdesh, there are two ways to do so. The first is to appraise him based upon how much he would fetch on the slave market. This takes into account factors such as physical strength, trade skills, health, etc. This is known as the Damim — worth — of a person. Every individual also has a Torah endowment valuation, known as an Erech. The Torah designates a specific value for every person based upon his or her gender and age (Vayikra 27:1-8). For this value, it is irrespective if the individual is healthy, sick, strong, weak, etc.
(b)If one wishes to pledge the value of an individual — whether his own or that of someone else:
1.For ages 1 month to 5 years - the Erech for males is 5 Shekalim and for females is 3 Shekalim.
2.For ages 5 years to 20 years - the Erech for males is 20 Shekalim and for females is 10 Shekalim.
3.For ages 20 yrs. to 60 years - the Erech for males is 50 Shekalim and for females is 30 Shekalim.
4.For ages 60 years and older - the Erech for males is 15 Shekalim and for females is 10 Shekalim.
(c)The Mishnah in Moed Katan teaches that Hekdesh may receive payments from those who pledged to give someone's Erech on Chol ha'Mo'ed.
4)[line 4]וחרמיםCHARAMIM (CHEREM)
(a)"Cherem" is a term applied to an object one wishes to consecrate. There are two types of Charamim:
1.Chermei Kohanim, which are given to the Kohanim for their personal use and cannot be redeemed;
2.Chermei Shamayim, which are given to Bedek ha'Bayis and may be redeemed like any other object donated to Bedek ha'Bayis.
(b)The Mishnah in Moed Katan teaches that Hekdesh may receive payments from those who pledged something to Hekdesh using the word "Cherem" (an example of "2." above).
(a)A Sotah is a woman who is suspected of committing adultery because she was warned by her husband not to seclude herself with a certain man and she violated the warning. The process of warning her in front of witnesses is called Kinuy. The witnesses who see her seclude herself with the suspected adulterer are called Eidei Stirah. The time of seclusion must be at least for the time that it takes to roast an egg and swallow it. The woman is forbidden to her husband and the alleged adulterer until she drinks Mei Sotah (see (c), below).
(b)The husband must bring his wife to the Beis ha'Mikdash, along with a sacrifice consisting of 1/10 of an Eifah (approx. 2 quarts) of barley meal as a Minchah offering. The Kohen reads Parshas Sotah, the portion of the Torah describing the curses with which a Sotah is cursed, out loud (in any language that the Sotah understands) and makes the Sotah swear that she has been faithful to her husband. A number of humiliating things are done to her, including ripping her clothing and tying them together with a rope made of Netzarim (thin woven branches).
(c)An earthenware jug is then filled with half a Log of water from the Kiyor, and dirt from the floor of the Azarah is placed on top of the water. Parshas Sotah (that contains numerous appearances of Hash-m's name) is written on parchment and then immersed in the water, which causes the ink to dissolve, erasing the Holy Names. The Sotah afterwards drinks from the water. If she was unfaithful to her husband and allowed herself to become defiled, the water enters her body and poisons her, causing her belly to swell out and her thigh to rupture. If she was faithful to her husband, she not only remains unharmed but is blessed with children (Bamidbar 5:11-31). In times when there is no Mei Sotah such as in the present day, she must be divorced and does not receive her Kesuvah.
(d)A Sotah Vadai is an ordinary married woman (that is, not a Ne'arah ha'Me'urasah — see Background to Nedarim 75:1) who committed adultery. She is prohibited to her husband and to the adulterer and she may not eat Terumah. If she committed the act after ignoring the warning of two witnesses, she is put to death by Chenek (choking), as the Torah (Devarim 22:22) states.
6)[line 5]הפרהPARAH (PARAH ADUMAH)
(a)A Parah Adumah is a red cow; if there are as many as two hairs of any other color it is not a Parah Adumah (see Maseches Parah 2:5). Only a cow which has never had a yoke placed upon it nor performed any other work is fit to be used as a Parah Adumah. A place is prepared for its slaughter on Har ha'Zeisim, opposite the gate to the Azarah (the courtyard of the Beis ha'Mikdash). After it is slaughtered, its blood is sprinkled in the direction of the Beis ha'Mikdash seven times. A cedar branch, some Ezov branches and a piece of crimson wool are thrown into the carcass of the cow as it is burning (Bamidbar 19:1-22).
(b)If a person or utensil becomes Tamei by touching a Mes or being in the same room as a Mes (or a part of a Mes which is Metamei b'Ohel), he/it must wait seven days before he/it is able to go to the Mikvah in order to become Tahor. On the third and seventh days, Mei Chatas is sprinkled on the person or utensil. Mei Chatas is a mixture of ashes of a Parah Adumah and spring water. A person who is Tahor dips three Ezov (hyssop) branches which have been bound together into the mixture, and sprinkles them on the person or utensil which is Tamei. After this process is complete, the person or utensil is immersed in a Mikvah. Once night falls, the purification process is complete (Bamidbar 19:17-19).
(c)The Mei Chatas itself has the level of an Av ha'Tum'ah and causes people and vessels who come into contact with it to become a Rishon l'Tum'ah. (Bamidbar 19:21). This is why the Tana Kama of this Mishnah understands that slaughtered meat of an animal which drank Mei Chatas is Tamei.
7)[line 6]עגלה ערופהEGLAH ARUFAH
(a)If a Jew is found murdered in a field in Eretz Yisrael and it is not known who killed him, the Torah requires an Eglah Arufah to atone for his death (Devarim 21:1).
(b)First, five elders from the Beis Din of the Lishkas ha'Gazis (the supreme court which sat in the Beis ha'Mikdash) measure the distances between the body and the cities nearest to it in order to determine which of them is the closest.
(c)The elders of that city then bring a female calf which has never been performed any work to a Nachal Eisan (a swiftly flowing stream - RAMBAM Hilchos Rotze'ach 9:2; a valley with tough soil - RASHI). They strike a blow on the back of its neck with a cleaver (Arifah), sundering its spinal column, gullet, and windpipe.
(d)The elders then wash their hands and state, "Our hands did not spill this blood, nor did our eyes see [the murder]" (Devarim 21:7). This proclamation carries with it the assertion that the murdered man was not sent from their city without either proper provisions for his journey or the accompaniment. The Kohanim present then beseech, "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). Following the procedure of the Eglah Arufah, HaSh-m forgives his nation for the innocent blood that was spilled (RAMBAM Hilchos Rotze'ach 9:3).
8)[line 6]ורוצעין עבד עבריROTZE'IN EVED IVRI (EVED IVRI)
(a)Two methods exist through which a Jew can become a slave to another Jew. He may choose to sell himself due to his dire poverty. The second possibility involves one who stole and lacks the wherewithal to repay his theft. In such a case Beis Din will sell him so that he can work off his debt. In either case, he is obligated to work for his master for either a period of six years or until the Shemitah year, whichever one arrives first (Shemos 21:6).
(b)If, upon the arrival of the end of his term of servitude, he insists that he prefers the life of a slave to that of a free man, Beis Din stands him next to a door post, and his master drives an awl through his ear to the door (Retzi'ah). The slave then continues to serve his master until the Yovel year (Shemos 21:6).
9)[line 7]ומטהרין את המצורעMETAHARIN ES HA'METZORA (TAHARAS HA'METZORA)
(a)If one develops a white patch on his skin the size of a Gris (a Cilician bean, approximately the size of a dime) which appears to be Tzara'as, he must go to a Kohen, as the status of Tzara'as can only be determined by the pronouncement of a Kohen. If the Kohen ascertains that the whiteness of the patch is indeed the hue of a Nega Tzara'as, then the status of the individual depends on its appearance. If there are Simanei Tum'ah, which include the spreading of the patch, unaffected skin in the middle of the patch, or two white hairs growing in the patch, then the Kohen immediately declares him to be a Metzora. Such an individual is known as a Metzora Muchlat. If the Kohen does not find any Simanei Tum'ah, then he pronounces him Tamei for one week. At this point the person in question is known as a Metzora Musgar. After the week passes, the Kohen returns to see if the appearance of the patch has developed Simanei Tum'ah. If it has, the Kohen pronounces him a Metzora Muchlat. If it has not, the individual is once again a Metzora Musgar for the duration of a week. At the end of this second week, if no Simanei Tum'ah appear, the Metzora becomes Tahor. A Metzora Muchlat remains Tamei until his Simanei Tum'ah disappear. At that point — after a Kohen determines that the Tzara'as has indeed departed — he is Tahor once the Kohen pronounces him to be so.
(b)The four shades of white that are considered Tzara'as are:
1.Baheres, which is the color of snow;
2.Se'es, which is the color of clean, white newborn lamb's wool;
3.Sapachas of Baheres, which is the color of the plaster used to whitewash the Beis ha'Mikdash;
4.Sapachas of Se'es, which is the color of the white membrane found on the inside of an egg.
(c)No Metzora is allowed into "Machaneh Yisrael," i.e. any walled city in Eretz Yisrael.
(d)On the day that a Metzora is healed from his Tzara'as, he procures two kosher birds (Tziporei Metzora), a piece of cedar, some crimson wool and a hyssop branch. One of the birds is slaughtered over fresh spring water in a clay bowl. A Kohen dips the other bird, along with the other articles, into the spring water that is mixed with the blood and sprinkles it seven times on the Metzora. The living bird is sent away towards the fields. Both birds are Asur b'Hana'ah, but the Isur no longer applies to the living bird once it is sent off to the fields.
(e)The Metzora next shaves all places on his body that have a collection of hair and that are exposed, and immerses in a Mikvah. He is now considered Tahor to the extent that he may enter a settlement, but marital relations are forbidden (Moed Katan 7b). He waits seven days, and on the seventh day he once more shaves and immerses. He is now completely Tahor but is still a Mechusar Kaparah (see Background to Pesachim 59:5).
(f)On the eighth day, the Metzora must bring three Korbanos to complete his Taharah. These Korbanos consist of two male sheep and one female sheep. One of the male sheep is offered as an Olah, and the other is offered as an Asham. The female sheep is offered as a Chatas. If he cannot afford these animals, he is called a poor Metzora. The poor Metzora brings two turtledoves or two common doves as the Olah and the Chatas; however, a sheep is still necessary for his Asham.
(g)The Metzora also brings a Log of olive oil to the Beis ha'Mikdash as part of his purification process. A Kohen lifts up and waves (Tenufah) the live Korban Asham while the Log of oil rests upon it. After the Asham is slaughtered, some of its blood is placed upon the middle section of cartilage of the Metzora's right ear, some on his right thumb, and some on his right big toe. These parts of his body must be in the Azarah at the time that the Kohen applies the blood. For this purpose he stands in the gate of Nikanor (the eastern gate of the Azarah, named for the man who donated the brass doors of the gate; see Yoma 38a). Although all of the other gates of the Azarah have the status of the Azarah, Sha'ar Nikanor is only as Kadosh as Har ha'Bayis. The Chachamim arranged this so that a Metzora can put his head, right hand, and right foot into the Azarah while standing under the awning of the gate.
(h)After all of the Metzora's Korbanos have been offered, a Kohen pours some of the oil into his left hand and sprinkles it seven times towards the Kodesh ha'Kodashim. He must dip his right finger in the oil each time. Oil is also placed upon the body of the Metzora, in all of the same places where the blood of the Asham had been previously placed. The remainder of the oil in the Kohen's hand is placed upon the head of the Metzora. The rest of the Log (which was not poured into the Kohen's hand) is given to the Kohanim; it must be consumed by male Kohanim in the Azarah, as it has the status of Kodshei Kodashim (RAMBAM Hilchos Mechusrei Kaparah 4:2-3).
10a)[line 7]ומפרקין את המנעל מעל גבי (המים) [האימום]MEFARKIN ES HA'MIN'AL ME'AL GABEI HA'IMUM- one may remove a shoe from a last (a foot-shaped form upon which a shoemaker fashions and repairs shoes)
b)[line 7]ואין מחזירים (אותן) [אותו]V'EIN MACHAZIRIM OSO- but one may not return it [since doing so is a skilled action which requires a professional shoemaker]
11)[line 8]בית השלחיןBEIS HA'SHELACHIN- a field requiring irrigation
12)[line 10]ותיפתר ( = תריץ)V'SIPASER- answer as follows
13)[line 10]שטף של גשמיםSHETEF SHEL GESHAMIM- a downpour of rain
14)[line 10]ויוצאין אף על הכלאיםV'YOTZE'IN AF AL HA'KIL'AYIM- These words are the continuation of the Mishnah in Moed Katan.
15)[line 12]שהיתה השנה אפילהSHE'HAYESAH HA'SHANAH AFILAH- that the year was [one in which the plants were] late in sprouting
16)[line 14]בְּרַת חַוְורִיןBERAS CHAVRIN- probably a village near Chavran (Auran), a city used as a signal station by the messengers of Beis Din when publicizing the declaration of Rosh Chodesh (see Rosh Hashanah 22b). Chavran was in a country east of the Jordan River named Auranitis.
17)[line 18]פְּרוֹשׁPEROSH!- (lit. separate) stay away!
18)[line 19]"ועברו העוברים בארץ, וראה עצם אדם ובנה אצלו צִיּוּן...""V'AVRU HA'OVERIM BA'ARETZ, V'RA'AH ETZEM ADAM, U'VANAH ETZLO TZIYUN..." - "And when travelers who are passing through the land will see a human bone, they will build a marker beside it [where it will remain until the undertakers bury it in Gei Hamon Gog]" (Yechezkel 39:15) (THE GRAVEDIGGERS OF GOG AND MAGOG)
(a)Magog is one of the sons of Yefes, son of Noach (Bereishis 10:2). The prophet Yechezkel (chapters 38-39) describes a cataclysmic war lead by Gog from the land of Magog, wherein many nations will combine forces to wage war against Eretz Yisrael. We have a tradition that this war will occur at the end of days, preceding the revelation of HaSh-m as Master of the world. The prophet assures Gog that HaSh-m Himself will undermine the war effort and destroy all of his forces. Following the battle, Yisrael will spend seven months burying those who fell from the army of Gog in a valley which will become known as Gei Hamon Gog.
(b)After this occurs, the Navi informs us, special officers (undertakers) will be appointed to remove all corpses found anywhere in Eretz Yisrael to Gei Hamon Gog and bury them there, in order to ensure that the rest of the land remains pure. Part of carrying out this stage of the plan is that "when travelers who are passing through the land will see a human bone, they will build a marker beside it until the undertakers bury it in Gei Hamon Gog."
19)[line 20]מיכן ( = מכאן)MI'KAN- from here [we see]
20a)[line 21]העצמותATZAMOS- [a minimum of one Rova (1/4 Kav) of] bones
b)[line 22]הַשִּׁדְרָהSHIDRAH- a complete spinal column
c)[line 22]והגֻּלְגּוֹלֶתGULGOLES- a complete skull (since any of these are Metamei b'Ohel; see Background to Pesachim 9:3)
21a)[line 23]קבועהKEVU'AH- firmly set in the ground
b)[line 23]תלושהTELUSHAH- loose
22)[line 24]ומטמא במקום אחרU'METAMEI B'MAKOM ACHER- and [causes one to think that there is] Tum'ah in another location [leading to unnecessary burning of Kodshim, etc.)
23)[line 24]למקום טהרהL'MAKOM TAHARAH- that [the marker should be placed next to the grave,] in a place which is Tahor [so that one coming up to the Tum'ah has advance warning]
24)[line 26]אע"פ שאין מקיימין כןAF AL PI SHE'EIN MEKAYEMIN KEN- although one should not place a marker marking a grave on top of the Tum'ah
25)[line 28]חורֶשCHORESH- a plowed area
26)[line 29](וסביבותיהן) [ותחתיהן]V'TACHTEIHEN- under each of the marked stones (see Girsa Section #3)
27)[line 31]נתעכלNIS'AKEL- will decompose
28)[line 31]בָּעָא (= שאל)BA'A- asked
29)[line 32]למפרעL'MAFRE'A- retroactively (that is, one who walks over the meat will notice only after the fact that he, along with the Taharos he is carrying, are Tamei)
30)[line 33]ואל יתקלקלו בו לעולםV'AL YISKALKELU VO L'OLAM- and not be ruined by it forever; that is, the meat will decompose relatively quickly, but the marker will remain. Therefore one may come to abstain from offering a Korban, burn Kodshim, etc. when there is no reason for it.
31)[line 35]עוקריןOKERIN- uproot [Kil'ayim found in someone's field]
32)[line 35]לפניהןLIFNEI'HEN- in front of them [in their fields in order to shame them in front of others]
33a)[line 40]מנכשיןMENAKESHIN- weed (remove weeds)
b)[line 41]נהנין מן הכלאיםNEHENIN MIN HA'KIL'AYIM- derive benefit from the Kil'ayim [as their animals would feed upon the uprooted plants]
34)[line 44]הפקר בית דין הפקרHEFKER BEIS DIN HEFKER
(a)The Chachamim have the power to declare, at their discretion, any possession ownerless. They may choose to do this in order to render a marriage finalized through a ring null and void, to levy a fine, etc.
(b)There are conflicting opinions among the Acharonim as to whether Hefker Beis Din is merely able to remove property from the possession of its owner, or whether it has the further ability to grant someone else custody of that item (see DVAR AVRAHAM).
35)[line 45]"וכל אשר לא יבוא לשלשת הימים (בעצת) [כַּעֲצַת] השרים והזקנים, יָחֳרַם כל רכושו; והוא יִבָּדֵל מקהל הגולה""V'CHOL ASHER LO YAVO LI'SHELOSHES HA'YAMIM, KA'ATZAS HA'SARIM VHA'ZEKEINIM, YOCHORAM KOL RECHUSHO; V'HU YIBADEL MI'KEHAL HA'GOLAH" - "And whoever does not come in three days' time in accordance with the plans of the leaders and the elders will have his property confiscated and he will be segregated from the congregation of the exile" (Ezra 10:8) (EZRA'S ULTIMATUM)
(a)Upon discovering that those who had returned from Bavel had married women from the various nations of Kena'an as well as Amoniyos and Mo'aviyos, Ezra was extremely distraught. These people, realizing to some degree the severity of their actions, undertook to separate from these women. Ezra seized upon this opportunity to bind the leaders of the Kohanim, Leviyim, and Yisraelim in an oath that they would abide by their resolution.
(b)To further insure that the people would not again sin in such a fashion, Ezra desired to severely lecture everyone in person about the gravity of the Aveirah. "A proclamation was issued in Yehudah and Yerushalayim for all of the people of the exile to assemble in Yerushalayim" (ibid. v. 7).
36)[line 47]מניין שהיא פטורה מן המעשרות?MI'NAYIN SHE'HI PETURAH MIN HA'MA'ASROS?- Produce which one acquired from an ownerless state (Hefker) need not have Ma'aser separated from it. This is because the Torah gives a reason for the obligation to give Ma'aser from one's produce to a Levi: "For he has no portion or inheritance with you [in Eretz Yisrael]" (Devarim 14:29). Accordingly, Hefker — to which the Levi had as much right as anyone else — is not obligated. The Gemara asks whether the Hefker of Beis Din is a full-fledged Hefker, or whether with regard to Ma'aser the Rabanan were not Mafkir it so that the Levi should not lose out.
37)[line 48]שמע לה מן הדא (= יליף מכאן)SHAMA LAH MIN HADA- derived it from here
38)[line 49]אין מעברין את השנהEIN ME'ABERIN ES HA'SHANAH - we do not make a "leap" year (SHANAH ME'UBERES)
(a)A solar year is approximately eleven days longer than a lunar year (see Background to Sanhedrin 10:36). In order to ensure that the lunar months occur in the proper seasons, Beis Din will declare a Shanah Me'uberes (leap year) every 2-3 years. A Shanah Me'uberes has thirteen months instead of twelve. The extra month is an additional month of Adar; the second Adar is the one in which Purim is observed (i.e., the first Adar is the extra month). The decision to make the year Me'uberes must be made prior to accepting witnesses for the sanctification of the month that follows Adar (see Background to Sanhedrin ibid.). If the year is to be a leap year, then it is declared Adar ha'Sheni; if not, then it is declared Nisan. (In the current fixed calendar, a Shanah Me'uberes occurs seven times in every nineteen-year cycle.)
(b)The principle consideration in adding an extra month to the year is to insure that Pesach falls in the season of Aviv (spring; lit. "ripening grain") (see Devarim 16:1). Beis Din determines the time of Aviv based upon the following three variables:
1.The vernal equinox. If the spring equinox will fall on the 16th of Nisan or later (i.e., on the day of the Omer offering it will still be winter), then that month should be declared Adar ha'Sheni instead.
2.The next two variables are interrelated. The Chachamim first observe the development of the ripening grain (Aviv) in the districts of Yehudah, Ever ha'Yarden, and the Galil.
3.The Chachamim then observe the timely blossoming of the fruit trees, and reckon whether or not those fruits which are normally ripe when Pesach arrives will have ripened. If the grain and fruits are each late in two out of the three aforementioned districts, then the month is declared Adar ha'Sheni, even if the equinox would fall before the 16th of Nisan.
(c)Besides the principal signs mentioned above, the Chachamim list four more reasons to add an extra month, based upon necessity:
1.If the roads are impassable and will prevent the Diaspora Jews from getting to the Beis ha'Mikdash in time for the Pesach sacrifice.
2.If bridges are washed out and the journey is impossible or dangerous for the Diaspora Jews.
3.If the Diaspora Jews have started their journey, but will not arrive in Yerushalayim on time.
4.If the ovens that were meant to be used for roasting the Pesach sacrifices in Yerushalayim were destroyed during the rainy season, and there are no substitutes for them (RAMBAM Hilchos Kidush ha'Chodesh 4:1-5).
(a)The Torah requires that farmers desist from working the land every seventh year (Vayikra 25:1-7). The fruits that grow during the seventh (Shevi'is) year are holy to the extent that:
1.they must be considered ownerless; anyone may come into any field and pick the fruit that he intends to eat.
2.The fruits may not be bought and sold in a normal fashion (see Insights to Sukah 39:2).
3.The Torah requires that the fruits of Shevi'is be used only for eating or drinking (in the normal manner of eating for that type of fruit) or for burning to provide light (in the case of oil). They may not be wasted or used for medicinal purposes or animal fodder, etc.
(b)One may not do any work that makes improvements on the land or with trees growing from the land.
(c)When one sells fruit of Shevi'is, the Kedushah of the fruit is transferred to the money paid in exchange for it (the fruit itself remains Kadosh as well).
(d)The Shemitah year is meant to teach the Jewish people to rely on HaSh-m for their sustenance, a fact that is not always clear to them during the six years in which they work their own fields.
40)[line 51]לא פטור ממעשרות הוא?LO PATUR MI'MA'ASROS HU?- is [the produce which grows in] it not exempt from all types of Ma'aser? [We see that when the Beis Din declared it Shevi'is, it became fully Hefker and exempt from Ma'aser.]
41)[line 52]עד כדון שביעית (= בשלמא שביעית)AD KE'DON SHEVI'IS- [that which] Shevi'is [may not be made into a leap-year] is understandable [since this would lead to a longer period in which no one may work the land, and the grain necessary for the Omer and Shtei ha'Lechem (see below, entries #60 and #61) may not be available the following year they are needed]
(a)Chadash refers to grain that begins to take root after the Korban ha'Omer is brought on the second day of Pesach. This grain may not be eaten until the following year's Korban ha'Omer is offered (Vayikra 23:14). When there is no Beis ha'Mikdash, Chadash may not be eaten until after the second day of Pesach, which is when the Korban Omer would have been offered.
(b)Many Rishonim rule that the prohibition of Chadash applies mid'Oraisa even in Chutz la'Aretz.
43a)[line 54]הדא דאת אמר (= הני מילי)HADA D'AT AMAR- this that was said [is only applicable]
b)[line 54]עד שלא התיר רבי...AD SHE'LO HITIR REBBI...- when Rebbi still forbade the import of foreign produce into Eretz Yisrael. This was due to a Rabbinical decree that any land outside of Eretz Yisrael must be considered Tamei since Nochrim bury their dead fetuses in their houses. Rebbi was concerned that foreign produce might still have dirt from its place of origin clinging to it, thus bringing a source of Tum'ah into Eretz Yisrael.
44)[line 57]היא שביעית...HI SHEVI'IS...- Shevi'is is equal to every other year of the Shemitah cycle [since barley and wheat can be imported from Chutz la'Aretz, the Sefichin of Eretz Yisrael will remain available for the Omer and Shtei ha'Lechem (TIKLIN CHADTIN)]
45a)[line 58]הדא דאת אמרHADA D'AT AMAR- this that was said [regarding (a) Motza'ei Shevi'is (TIKLIN CHADTIN); (b) Shevi'is (KORBAN HA'EDAH) is only applicable]
b)[line 59]שהיו השנים כתקנןSHE'HAYU HA'SHANIM K'TIKNAN- (a) when the years behaved in character. It is clear from the Gemara (Ta'anis 6a) that grain used to ripen in Nisan. An extra Adar, therefore, would delay the consumption of grain by an entire month. By the time of the Gemara, grain took longer to reach maturity (TIKLIN CHADTIN); (b) when the Beis ha'Mikdash stood and Klal Yisrael lived upon their land. Following the Churban, there was no longer a need to worry about the availability of grain for the Omer and Shtei ha'Lechem (KORBAN HA'EDAH). Indeed, current practice follows the fixed nineteen-year cycle for leap years, irrespective of their placement in the seven-year Shemitah cycle.
46)[line 61]עיברוה במוצאי שביעית מידIBERUHA B'MOTZA'EI SHEVI'IS MI'YAD- [announced] a Shanah Me'uberes following Shevi'is immediately [in Tishrei]
47a)[line 62]אין מן הדא (= אי מהכא)IN MIN HADA- if [you attempt to infer that Hefker Beis Din is exempt from Ma'aser] from here
b)[line 62]לית את שמעת מינה כלוםLEIS AT SHAM'AS MINAH KELUM- you cannot deduce anything from it
48)[line 63]שומריהו שיביאו בחידושוSHOMREI'HU SHE'YAVI'U B'CHIDUSHO- insure that Pesach falls in its proper time (see above, entry #38). Therefore, it is the Biblical injunction that exempts that which grows in the extra month of a leap year during Shemitah from Ma'aser, not Hefker Beis Din.
49)[line 64]והַיְידָּא אמר' דא (= אלא מהיכא)V'HAYDA AMAR DA?- [rather] where is [the Mishnah] which teaches it?
50)[line 64]גדיש שלא לוקט תחתיוGADISH SHE'LO LUKAT TACHTAV - a pile of grain with uncollected Leket underneath it (LEKET)
(a)"Leket" refers to individual (one or two) stalks of grain that inadvertently slipped out of the reaper's hand while he harvested them (by cutting them underneath with a sickle) or while he uprooted them (if he is not using a sickle) (SEFER HA'CHINUCH#218; see Pe'ah 4:10 and CHIDUSHEI ANSHEI SHEM). Such stalks may not be retrieved by the owner but must be left for the poor (Vayikra 19:9-10), "v'Leket Ketzircha Lo Selaket... le'Ani vela'Ger Ta'azov Osam" - "Do not pick up the individual stalks that have fallen from the harvest... you shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and the stranger." If three stalks fall together, they are not considered Leket and may be retrieved by the owner.
(b)The Mishnah quoted in our Gemara describes one who gathered his grain into a stack before allowing the poor access to his Leket. He must then give the entire bottom layer of the stack — considerably more than that which had been Leket — to Aniyim.
51)[line 1]דב"ש... כב"הBEIS SHAMAI... BEIS HILLEL- Beis Shamai are of the opinion that even that which is declared ownerless only as far as the poor are concerned is exempt from Ma'aser (see above, entry #36). Beis Hillel maintain that this exemption applies only to full-fledged Hefker.
52)[line 3]משום קנסאMI'SHUM KENASA- due to a fine [employed through Hefker Beis Din (see Insights)]
53a)[line 4]שולחנותSHULCHANOS- tables [placed before money-changers]
b)[line 5]היו יושביןHAYU YOSHEVIN- were set up (i.e. money-changers sat)
54a)[line 5]במדינהMEDINAH- (a) Eretz Yisrael (RAMBAM, RIVEVAN, VILNA GA'ON); (b) Yerushalayim (BARTENURA)
b)[line 6]במקדשMIKDASH- (a) Yerushalayim (RAMBAM, RIVEVAN); (b) Har ha'Bayis (BARTENURA, VILNA GA'ON; the Vilna Ga'on understands "Mikdash" to refer to the Beis ha'Mikdash, while "Medinah" refers to all of the cities in Eretz Yisrael with the exception of Yerushalayim; see MISHNAS ELIYAHU 5a DH k'Shem she'Hayu)
55)[line 6]לְמַשְׁכֵּןL'MASHKEN- to seize collateral
56)[line 9]על ידוAL YADO- on his behalf
57)[line 11]אינו חוטאEINO CHOTEI- this wording implies that ideally a Kohen should not donate a half-Shekel (for the reason given at the end of the Mishnah).
58)[line 14]לעצמןL'ATZMAN- to their benefit [and since they do not view themselves as performing an Aveirah, Beis Din does not seize collateral from them]
59)[line 14]כלילKALIL- burned completely on the Mizbe'ach
60)[line 15]ועומרOMER (KORBAN HA'OMER)
(a)It is a Mitzvah to offer the Korban ha'Omer on the second day of Pesach. A large quantity of barley is reaped after nightfall following the first day of Pesach. At this time, the grain is still moist, and the process of extracting one Omer (approximately 2.2, 2.5 or 4.3 liters, depending upon the differing Halachic opinions) of barley flour is extremely difficult. The flour is then kneaded and offered as a Korban Minchah on the 16th of Nisan. (This Korban is also referred to as the Minchas Bikurim — Vayikra 2:14-16.)
(b)A lamb is offered as an Olah along with the Minchah (Vayikra 23:12).
(c)Chadash refers to grain that begins to take root after the Korban ha'Omer is offered on the second day of Pesach. This grain may not be eaten until the following year's Korban ha'Omer is offered (Vayikra 23:14). When there is no Beis ha'Mikdash, Chadash may not be eaten until after the second day of Pesach, which is when the Korban Omer would have been offered.
61)[line 15]ושתי הלחםSHTEI HA'LECHEM
(a)On Shavuos, a communal Korban known as the Shtei ha'Lechem is offered. It consists of two loaves of Chametz bread baked from Chadash wheat (grain that began to take root after the Korban ha'Omer was offered on the second day of Pesach of the previous year; Vayikra 23:17). One loaf is given to the Kohen Gadol, and the other is divided among the rest of the Kohanim who are in the Mikdash at that time. They may be eaten on the day of Shavuos as well as until midnight of the following night (RAMBAM Hilchos Temidin u'Musafin 8:11).
(b)Along with the Shtei ha'Lechem, seven sheep, one bull, and two rams are offered as Olos, and an additional goat as a Korban Chatas. Two sheep are offered as Korbenos Shelamim (these last two are known as Zivchei Shalmei Tzibur — Vayikra 23:18-19).
(c)Following the offering of the Shtei ha'Lechem, Chadash may be used in Menachos (see Background to Menachos 2:1).
62)[line 15]ולחם הפניםLECHEM HA'PANIM
(a)The Lechem ha'Panim (Showbread) are 12 loaves arranged in two stacks (Sedarim) — six loaves to a stack — on the Golden Table of the Mishkan or Beis ha'Mikdash. The loaves are one Tefach thick and may not be Chametz. Fresh loaves are arranged on the Table every Shabbos and are left there through the following Shabbos. The loaves are eaten by Kohanim after their removal (Vayikra 24:5-9).
(b)A Kometz (the amount which can be held between one's middle three fingers and his palm) of Levonah (frankincense) is placed alongside each stack in a Bazach (bowl). The Levonah is offered upon the Mizbe'ach when the loaves are removed. Only after this is done may the Lechem ha'Panim be eaten by the Kohanim.
63a)[line 17]הדא דתימר (= במה דברים אמורים)HADA D'SEIMAR- when is this true
b)[line 17]בשהביא שתי שערותB'SHE'HEIVI SHTEI SE'AROS- once he has grown two pubic hairs [but he is not yet 20 years old (TIKLIN CHADTIN)]
64)[line 18]לא בדא (= לאו)LO B'DA- he is not in this; this law does not apply to him
65)[line 19]אין ממשכנין [עד שיהיה בן כ']EIN MEMASHKENIN [AD SHE'YIHYEH BEN ESRIM]- Beis Din does not seize collateral from him until he turns twenty. Clearly, once he turns twenty, they do take action to force his hand. The implied question is, why is a different standard applied to Yisraelim than to Kohanim? "Darchei Shalom" applies equally to everyone, even to Nochrim (Bava Kama 62a)!
66)[line 20]כֵּינִי מתניתין (= תּנִי)KEINI MASNISIN- [rather] learn the Mishnah [as follows]
67)[line 21]מפני דרך הכבודMI'PENEI DERECH HA'KAVOD- since (a) they deserve an extra measure of honor due to the Biblical commandment of "v'Kidashto" (Vayikra 17:8) — one must treat a Kohen with more respect than others, since he brings the Korbanos; or (b) in this matter of the Shekalim we treat them with more respect, since they are the ones who will actually offer the Korbenos Tzibur purchased with the funds (TIKLIN CHADTIN; KORBAN HA'EDAH)
68)[line 23]י"ב שבטיםSHNEIM ASAR SHEVATIM- all twelve tribes ("Zeh" has the Gematriya of twelve)
69)[line 24]כן משיבין חכמיםKEN MESHIVIN CHACHAMIM- so the Chachamim (who agree with the opinion of Raban Yochanan ben Zakai quoted in the Mishnah) challenged (lit. returned to) Rebbi Yehudah
70)[line 24]חטאת יחיד מתהCHATAS YACHID MESAH - [only] the Chatas of an individual is left to die (CHAMESH CHATA'OS MESOS)
(a)There are five categories of Korbenos Chatas which are left locked up without food or water until they expire, as per Halachah l'Moshe mi'Sinai. These are:
1.The offspring of a Chatas (which also has the Kedushah of a Chatas)
2.The Temurah (see Background to Erchin 2:11) of a Chatas
3.A Chatas whose owner has passed away
4.A sheep or goat designated as a Korban Chatas which is now older than one year (and therefore invalidated as a Korban Chatas)
5.A Chatas which was lost and later found with a Mum, whose owner has in the interim offered a different Chatas to atone for his sin (Temurah 21b)
71)[line 26]ואין מנחת הציבור קריבה כלילV'EIN MINCHAS HA'TZIBUR KEREIVAH KALIL- and a public Minchah is not completely burned. Therefore, how can you allow a Kohen to contribute a half-Shekel to the communal Korbanos, when they will be eaten?
72)[line 28]והוא מותיב לןV'HU MOSIV LAN- and Rebbi Yehudah answered them.... The Gemara does not bother to deal with the objection to the question, since if a communal Korban must be burned, then all the more so a Kohen should not contribute (TIKLIN CHADTIN)!
73)[line 28]זו לא נדבת יחיד היאZO LO NIDVAS YACHID HI- this is not [fully] a private Korban [since it has been donated to the public coffer, but neither is it fully a communal Korban]
74)[line 29]ואינון (= והם)V'INUN- and they
75)[line 30]"[זה יתנו] כל העובר על הפְּקֻדִּים [מחצית השקל בשקל הקדש]""ZEH YITENU KOL HA'OVER AL HA'PEKUDIM [MACHATZIS HA'SHEKEL B'SHEKEL HA'KODESH]"- "[This they shall give,] all of those who passed through the census: [one half of a Shekel, a holy Shekel]" (Shemos 30:13).
76)[line 31]דעבר בימאD'AVAR B'YAMA- who passed through the Reed Sea; i.e., even Kohanim. The census referred to afterwards in the verse refers to the separate census in which Shevet Levi was counted (Bamidbar 3).
77)[line 32]חַרְנָא (= אידך)CHARNA- the other one
78)[line 32]פיקודייא (= הפקודים)PIKODAYA- the primary census
79)[line 37]כותיKUSI (KUSIM)
(a)The King of Ashur brought the people of Kusa to Eretz Yisrael and made them settle in the Shomron. They converted to Judaism after they found themselves under attack from lions. The Chachamim disagree as to whether their conversion was honest and valid (Geirei Emes) or not (Geirei Arayos, or converts because of lions).
(b)After the times of the Mishnah, the Kusim were found worshipping an image of a dove and the Chachamim gave them the status of Nochrim. (According to most Rishonim, this means that they decided to treat them like Nochrim l'Chumra, even if they were Geirei Emes. According to the RAMBAM(Peirush ha'Mishnayos), however, this means that they decided that their conversion was not sincere and deemed them Nochrim (Geirei Arayos) for all Halachic matters.)
(c)Even though the Kusim kept many Mitzvos of the Torah down to their last detail, there were other Mitzvos that they did not keep at all. For example, the Kusim did not refrain from causing others to sin (which is prohibited by the verse, "Lifnei Iver Lo Siten Michshol" - "You shall not put a stumbling block before the blind" — Vayikra 19:14).
80)[line 38]קִנֵּי זביןKINEI ZAVIN (ZAV / KINEI ZAVIN)
(a)A man who emits Zov at least twice, whether this occurs over the course of one day or two consecutive days, is called a Zav. Zov is a clear discharge with the appearance of the white of a sterile or spoiled egg (in contrast to semen, which has the consistency of fresh egg white). Zov also may be a pus-like discharge resembling the liquid component of barley dough or soft barley batter. A Zav has the status of an Av ha'Tum'ah and may not enter "Machaneh Leviyah" (see Background to Pesachim 67:6).
(b)A Zav must count seven "clean" days during which he experiences no discharge in order to start his purification process. On the seventh day or following, he immerses himself in a Ma'ayan (a spring) during the daytime. At nightfall he becomes Tahor (assuming that he continues to experience no emissions; Zavim 2:2).
(c)If a Zav emits Zov only twice, he need not bring a Korban. If he has discharged Zov three times, however — whether over the course of one day or over two or three consecutive days — he must offer a Korban after completing his seven clean days in order to be able to enter the Beis ha'Mikdash or eat Korbanos.
(d)The Korban which a Zav must offer consists of a pair of turtle-doves or common doves, one as an Olah and one as a Chatas (Vayikra 15:13-15). A pair of birds is known as a Ken (plural Kinim), which means "nest."
81)[line 38]וקני זבותKINEI ZAVOS (ZAVAH / KINEI ZAVOS)
(a)The eleven days which follow the seven days of Nidah (see Background to Pesachim 112:62) are termed days of Zivah. If a woman experiences uterine bleeding during this time for either one day or two consecutive days, she is known as a Zavah Ketanah and is Teme'ah. As long as she does not bleed over the following night and day, she may immerse in a Mikvah to become Tehorah. She may even immerse the morning immediately following the day of the bleeding, although whether or not she becomes Tehorah is contingent upon whether or not she sees blood later on that day. A woman in such a situation is called a Shomeres Yom k'Neged Yom, for she must watch the following day in order to determine whether or not she has continued to bleed.
(b)If a woman has a show of blood for three consecutive days during her eleven days of Zivah, she attains the status of a Zavah Gedolah. In order to become Tehorah, she must count seven "clean days" during which she experiences no further bleeding. On the morning of the seventh clean day she may immerse in a Mikvah. As long as she experiences no further bleeding over the rest of that day she is Tehorah and no longer a Zavah. She must then offer a Korban Zavah in order to enter the Beis ha'Mikdash or partake of Kodshim. This Korban consists of a pair of turtle-doves or common doves, one as an Olah and one as a Chatas (Vayikra 15:28-30). A pair of birds is known as a Ken (plural Kinim), which means "nest."
82)[line 39]קיני יולדותKINEI YOLDOS (YOLEDES / KINEI YOLDOS)
(a)The Torah discusses (Vayikra 12:1-8) the laws of Tum'ah and Taharah after childbirth. (The same Halachos apply to a woman who miscarries after the fetus has reached a certain stage of development.) After a woman gives birth, she must wait for a certain amount of time before she can enter the Beis ha'Mikdash or eat Kodshim. That time period is divided into two stages:
1.During the initial stage, she has the status of a Nidah (even if she had not seen any blood). If she gave birth to a male, this lasts for seven days. If a female was born, this stage lasts for two weeks. At the end of this period, she may go to the Mikvah after nightfall. After she has gone to the Mikvah, she is known as a "Tevulas Yom Aroch" (a "long" Tevulas Yom — see Background to Nidah 71:23b), and she is permitted to her husband and to eat Ma'aser Sheni.
2.During the second stage, any bleeding that she experiences does not give her the status of a Nidah as it normally would. This blood is called Dam Tohar. Nevertheless, during this period, she may not eat Terumah, Kodshim or enter the Beis ha'Mikdash. This lasts for thirty-three days for a male, and sixty-six days for a female. Thus, the total waiting period for a male is forty days and for a female, eighty days. (The current practice is to consider a woman a Nidah even if she experiences bleeding during the period of Dam Tohar — see Insights to Nidah 25a.)
(b)Any bleeding that the woman experiences after the conclusion of the above two terms is the start of her regular cycle (Dam Nidah).
(c)At the end of the above two stages, the woman may eat Kodshim and enter the Azarah of the Beis ha'Mikdash only after she brings a Korban Yoledes. Until then she is a Mechuseres Kaparah (see Background to Me'ilah 8:4). Her Korban includes a male sheep as an Olah and a Tor (turtledove) or a Ben Yonah (common dove) as a Chatas. If she could not afford a sheep, she brings two Torim or two Bnei Yonah, one as an Olah and one as a Chatas.
83)[line 39]חטאות ואשמותCHATA'OS V'ASHAMOS (KORBAN CHATAS / KORBAN ASHAM)
(a)KORBAN CHATAS - If a person transgresses a sin b'Shogeg (unintentionally) for which he is liable to receive the punishment of Kares (see Background to Pesachim 32:16) b'Mezid (intentionally), he must offer a Korban Chatas. This Korban consists of a female goat or sheep.
(b)KORBAN ASHAM VADAI - The Torah specifies five cases in which a Korban Asham Vadai must be offered. This Korban usually consists of a ram which is worth a minimum of two Sela'im. The first three cases involve transgressions:
1.ASHAM ME'ILOS: One who benefits from Hekdesh b'Shogeg must offer a Korban Asham, aside from that which he is obligated to repay 125% of the value of that which he benefited (Vayikra 5:14-16; see Background to Kidushin 55:5a).
2.ASHAM GEZEILOS: If one steals money from his fellow Jew, swears in Beis Din that he holds no such money, and later admits to his sin, then he must first repay 125% of the value of that which he stole, and then offer a Korban Asham in order to receive atonement (Vayikra 5:20-26).
3.ASHAM SHIFCHAH CHARUFAH: If one had relations with a Shifchah Charufah (see Background to Yevamos 55:5), then he must offer a Korban Asham whether he transgressed this sin b'Mezid or b'Shogeg (Vayikra 19:20-22).
4.ASHAM NAZIR: If a Nazir (see Background to Pesachim 79:1) becomes Tamei during his period of Nezirus, he must offer a sheep within its first year as an Asham (Bamidbar 6:12; see also Background to Nazir 60:2).
5.ASHAM METZORA: When a Metzora completes his Taharah process (see above, entry #9), he must offer a sheep within its first year as an Asham (Vayikra 14:12).
(c)ASHAM TALUY - If one is in doubt as to whether or not he committed a transgression for which he must offer a Korban Chatas, he offers a ram worth two Sela'im as a Korban Asham Taluy (dependent; Vayikra 5:17-19). Should he later discover that he did indeed sin, he must then offer a proper Korban Chatas; the Asham Taluy provides only temporary atonement as long as he is unsure of his requirement (see Background to Nazir 23:2b).
84)[line 40]שנידר ונידבSHE'NIDAR V'NIDAV (NEDER / NEDAVAH)
(a)The Torah allows one to offer a voluntary sacrifice in the Beis ha'Mikdash (Vayikra 1:2). Such Korbanos may be Olos (which are burned entirely on the Mizbe'ach, see Vayikra 1:2-17, 6:1-6), Shelamim (parts of which are eaten, see Vayikra 3:1-17, 7:11-21, 7:28-37) or Menachos (flour offerings, see Vayikra 2:1-13, 6:7-11, 7:9-10).
(b)There are two categories of voluntary Korbanos: general and specific. Should one state, "I pledge an Olah (for example)," without singling out any specific animal, his pledge is called a Neder. Even after subsequently designating a specific animal with which to fulfill his pledge, he must replace it should that animal get lost or die. If one singles out an animal to offer as his pledge, then it is known as a Nedavah. If this animal is lost or dies, then he has no obligation to offer another in its place.
85)[last line]"לא לכם ולנו לבנות בית לא-לקינו""LO LACHEM V'LANU LI'VNOS BAYIS LEI'LO-KEINU" - "[And Zerubavel and Yeshua, and the other leaders of the tribes of Yisrael, said to them (the Kusim):] It is not for you together with us to build a house for our G-d, [only we alone will build... like the king, Koresh King of Persia, commanded us]" (Ezra 4:3) (THE KUSIM AND THE BUILDING OF THE BEIS HA'MIKDASH)
(a)The Kusim (see above, entry #79), following their "conversion," approached Zerubavel and the other leaders of Klal Yisrael with the request that they be allowed to join in the building the Beis ha'Mikdash.
(b)The Kusim, as noted above, were not genuine converts. In fact, the verse describes them as enemies of Yehudah and Binyamin. They were not genuinely interested in building the Beis ha'Mikdash for the glory of HaSh-m; their motive was to sabotage the building and to stop it at all costs.
(c)The Jewish leaders were not fooled. Following this incident, the Kusim continued to be a thorn in the side of Yisrael for many years.