[3a - 27 lines; 3b - 39 lines]

1)[line 1]זקןZAKAN (HASHCHASAS ZAKAN)

(a)It is forbidden by a Lav in the Torah for a Jewish male to remove any of the five "corners" of his or another Jewish male's beard with a razor, as the verse states, "...v'Lo Sashchis Es Pe'as Zekanecha." - "...nor shall you mar the corners of your beard." (Vayikra 19:27). One who transgresses this prohibition is liable to Malkus. From the word "Tashchis," Chazal learn that the prohibition only includes shaving with a razor (Makos 21a), since only a razor leads to Hashchasah (destruction) of the hair.

(b)The Rishonim argue as to which exact sections comprise the "corners" of the beard that are included in this prohibition. The current practice is not to shave any part of the beard with a razor.

(c)The prohibition of Hashchasah applies both to the person shaving and to the one being shaved, if he helps the shaver (by moving his head to the correct position). It is prohibited to shave the beard of a male minor as well. This prohibition does not apply to a woman who is shaved by a man or who shaves the beard of a man. (The prohibition, however, does apply to the man who is being shaved by a woman.) (RAMBAM Hilchos Avodah Zarah 12:7; see Nazir Chart #13)

2a)[line 10]איידי דזוטרין מילייהו פסיק שרי להוAIDI D'ZUTRIN MILAIHU, PASIK SHARI LEHU- since its Halachos are few, he (the Tana) stopped [discussing the Halachos of Shevuos and] freed himself of them (the Halachos of Yedi'os ha'Tum'ah) [first] (RASHI, PARDES YITZCHAK)

b)[line 11]והדר תני שבועות דנפישן מילייהוV'HADAR TANI SHEVUOS DI'NEFISHAN MILAIHU- and afterwards taught [the Halachos of] Shevuos, the Halachos of which are many

3a)[line 21]שאת ותולדתהSE'ES V'SOLADTAH- [the mark of Tzara'as named] "Se'es," [which is the color of white newborn lamb's wool,] and its Toldah (lit. offspring), [the mark of Tzara'as that is the color of the membrane on the inside of an eggshell]

b)[line 21]בהרת ותולדתהBAHERES V'SOLADTAH- [the mark of Tzara'as named] "Baheres," [which is the color of snow,] and its Toldah (lit. offspring), [the mark of Tzara'as that is the color of the plaster that was used to whitewash the Beis ha'Mikdash] (see Background to Shevuos 2:4, Nig'ei Vasar)

3b----------------------------------------3b

4)[line 4]מלקותMALKUS

(a)It is a Mitzvah to administer the punishment of Malkus Arba'im (Torah lashes) to one who is liable to Malkus, as the Torah states, "v'Hipilo ha'Shofet v'Hikahu" - "and the judge shall cast him down and whip him" (Devarim 25:2). Malkus d'Oraisa are administered in Eretz Yisrael by a court of three judges who are Semuchin (Halachically ordained), whether the Beis ha'Mikdash stands or not (RAMBAM Hilchos Sanhedrin 16:2). Courts outside of Eretz Yisrael can administer only Makas Mardus (Rabbinic lashes, see Background to Kidushin 70:32).

(b)A person is only liable to Malkus Arba'im if he transgresses a Lav (a negative commandment) of the Torah that is not "modified," such as a Lav shebi'Chelalos (see Background to Nazir 38:20), a Lav she'Nitak l'Aseh (see below, entry #13), etc. A prohibition that is implied by a positive commandment is never punishable by Malkus. In addition, in order to be liable he must transgress in front of witnesses after receiving a proper warning.

(c)Malkus are administered in numbers of three, with a maximum amount of thirty-nine for each transgression. The culprit is examined to determine how many lashes he can withstand. He stands leaning against a post and his clothes are ripped until his heart is revealed. The agent of Beis Din, a Torah scholar who is specifically weak, stands on a rock behind him, whipping one third of the lashes on his chest and two thirds on his back, one third on each shoulder (Makos 22b).

(d)During the whipping, the most distinguished judge of the court reads the verse "Im Lo Sishmor La'asos Es Kol Divrei ha'Torah ha'Zos... v'Hifla HaSh-m Es Makoscha..." - "If you will not be careful to perform all the words of this Torah... then HaSh-m will make your blows extraordinary..." (Devarim 28:58-59). For each blow, the deputy judge counts out loud the number of each lash and a third judge calls out "Hakehu!" - "Whip him!" If the culprit dies from the lashing, the agent of Beis Din is exempt from any punishment. However, if he administers an extra lash due to a mistake in the count, and the extra lash causes the culprit to die, he must go to Galus (exile, see Background to Makos 7:10).

(e)Our Gemara answers that it is possible that the author of the Mishnah is Rebbi Yishmael if we consider that the liability mentioned refers to Malkus in a case of intentional transgression, rather than to the Korban Oleh v'Yored in a case of unintentional transgression. Rebbi Yishmael rules that a person who intentionally utters a Shevu'as Bituy lishe'Avar (referring to an event of the past) is liable to the punishment of Malkus. As such, the condition of "Shtayim she'Hen Arba" can be met (see Background to Shevuos 2:1:f).

5)[line 6]SHEVU'AS SHEKER / SHEVU'AS SHAV

(a)SHEVU'AS SHAV - It is forbidden to swear in vain, as the Torah states, "Lo Sisa Es Shem HaSh-m Elokecha la'Shav" (Shemos 20:7). There are four types of oaths that are in vain:

1.a false oath about something known; e.g. that a marble pillar is made of gold

2.a true oath about something known; e.g. that a stone is a stone

3.an oath to transgress a Mitzvah

4.an oath which is impossible to keep; e.g. not to sleep for three days or not to eat for seven days.

(b)If a person swears in vain b'Mezid he receives lashes. If he swears b'Shogeg he does not bring a Korban (SEFER HA'CHINUCH Mitzvah #30).

(c)SHEVU'AS SHEKER - It is forbidden to swear falsely, as the Torah states, "v'Lo Sishav'u vi'Shemi la'Shaker" (Vayikra 19:12). Chazal learn that this verse is referring to the topic of Shevu'as Bituy (see Background to Shevuos 2:1 and SEFER HA'CHINUCH Mitzvah #227).

(d)In general, the difference between a Shevu'as Shav and a Shevu'as Sheker is that a Shevu'as Shav is instantly known to be in vain as soon as the person swears, while a Shevu'as Sheker is not known to be a false Shevu'ah at the moment the person swears, but only afterward. When a person takes a false oath about the past, it is not always instantly known that the oath is false. Similarly, it cannot be known that an oath about the future will be false.

6a)[line 8]"לא אוכל" ואכל"LO OCHAL" V'ACHAL- [a person swears that] "I will not eat," and then he eats [in violation of his oath]

b)[line 9]"אוכל" ולא אכל"OCHAL" V'LO ACHAL- [a person swears that] "I will eat," and then he does not eat [in violation of his oath]

7)[line 9]לאו שאין בו מעשהLAV SHE'EIN BO MA'ASEH

A Lav she'Ein Bo Ma'aseh is a negative commandment that is transgressed without performing any action. The Tana'im argue (Makos 4b et al.) as to whether or not one receives lashes for this type of Lav.

8)[line 13]הלכה כסתם משנהHALACHAH KI'SETAM MISHNAH- Rebbi Yochanan rules that the Halachah follows the opinion in a Mishnah that is recorded anonymously ("Stam," from the word "Sasam" - "to conceal")

9)[line 20]התראת ספקHASRA'AS SAFEK - a warning that is in doubt

(a)If a person transgresses a Lav for which the punishment is the death penalty or lashes, he can only be put to death or lashed if he has been given a proper Hasra'ah (warning). The warning must be, "Abstain, because this action is prohibited and you will be punished with the death penalty or lashes for doing it," or something to that effect. If the warning is, "Abstain, because this action might be prohibited..." it is called Hasra'as Safek. If it turns out that a transgression was done, the Amora'im argue as to whether Malkus may be administered.

(b)For example, witnesses warn a person who was slaughtering a Korban Pesach, "Do not slaughter that Korban, since you may own Chametz." Even if he did possess Chametz at the time, he does not receive Malkus according to the opinion that Hasra'as Safek is not a Hasra'ah, since the witnesses did not warn him that he was about to transgress a prohibition; rather, they warned him that he might transgress a prohibition.

10)[line 21]סתמא אחרינא אשכחSETAMA ACHARINA ASHKACH- he found another Stam Mishnah (that contained the opinion that Lav she'Ein Bo Ma'aseh Ein Lokin Alav)

11)[line 23]המותיר בטהורHA'MOSIR BA'TAHOR (KORBAN PESACH: NOSAR)

(a)If any meat of a Korban remains after the time that was allotted for it to be eaten, it is termed "Nosar" and it must be burned. With regard to the Korban Pesach, the verse states, "Do not leave any of it (i.e. the Korban Pesach) over until the morning. Anything that is left over until the morning must be burned in fire" (Shemos 12:10). The repetition of the phrase "until the morning" signals that the verse is referring to the mornings of two different days, and can be understood as follows: "Do not leave any of the Korban Pesach over until the morning (which is Yom Tov). If anything is left over, on the following morning (which is Chol ha'Moed), it must be burned."

(b)The Torah warns us four times not to allow the meat of a Korban to remain past the time during which it may be eaten, each of which is counted as an individual Mitzvah. The first three apply to specific Korbanos (Korban Pesach, in Shemos 12:10 and SEFER HA'CHINUCH Mitzvah #8; Korban Pesach Sheni, in Bamidbar 9:12 and Sefer ha'Chinuch Mitzvah #382; the Chagigah that is brought with the Pesach, in Devarim 16:4 and Sefer ha'Chinuch Mitzvah #486). The fourth time this prohibition is written is with regard to the Korban Todah (Vayikra 7:15 and 22:30), which serves as the source for the prohibition of leaving over meat from any Korban after the allotted time (Sefer ha'Chinuch Mitzvah #142). (The Minchas Chinuch 8:5 suggests that the latter Lav applies even to the three Korbanos for which the Isur of Nosar is written explicitly; however the Acharonim reject his suggestion based on the Gemara in Zevachim 36a.)

12)[line 23]והשובר בטמאHA'SHOVER BA'TAMEI (KORBAN PESACH: SHEVIRAS ETZEM)

(a)It is a Mitzvah for all Jews to offer a Korban Pesach on the fourteenth of Nisan in the afternoon, as it states in the Torah, "and the whole assembly of the congregation of Yisrael shall slaughter it towards evening." (Shemos 12:6). The Pesach is an unblemished male lamb or goat within its first year that is roasted in its entirety.

(b)An adult (who was Tahor and was not far from the Beis ha'Mikdash on the fourteenth of Nisan) who willfully did not offer the Korban Pesach is liable to the Kares punishment.

(c)In order to eat from the Korban Pesach, a person must be "appointed" to the Korban before it is slaughtered. This appointment is called "Minuy." Each Pesach must have appointed to it people who are able to eat at least a k'Zayis of the meat on the night of the fifteenth of Nisan. The Korban is sacrificed in the name of all the people who were appointed for that specific Pesach animal. The people appointed to the Pesach then eat at least a k'Zayis of the Pesach together in a "Chaburah." (Some Tana'im maintain that a single Pesach may be split into many Chaburos eating in different places - Pesachim 86a.) No bones of the Pesach are allowed to be broken (Shemos 12:46).

(d)The verses limit the people who are permitted to eat the Korban Pesach. Nochrim, people who are Tamei and men who are uncircumcised are prohibited from eating the Korban Pesach (Shemos 12:43-44).

13)[line 30]דבא הכתוב ליתן עשה אחר לא תעשהBA HA'KASUV LITEN ASEH ACHER LO SA'ASEH (LAV HA'NITAK L'ASEH)

(a)A Lo Sa'aseh she'Nitak l'Aseh describes a negative commandment (Lo Sa'aseh or "Lav") that is followed by a positive commandment (Aseh) instructing us what to do if the Lav was transgressed. Usually, the Aseh is an action that is performed to correct the Lav. For example, the Torah states, "Lo Sigzol" - "You shall not steal" (Vayikra 19:13); if someone transgresses this prohibition, the Torah tells him to correct his misdeed, "ve'Heshiv Es ha'Gezeilah" - "He shall return the stolen object" (Vayikra 5:23).

(b)At times the Aseh follows the Lav (e.g. Temurah - Vayikra 27:10 and Nosar - see above, entry #11) and at times it is found in a different Parsha altogether (e.g. Gezel).

14)[line 32]"לא תותירו ממנו עד בקר והנותר ממנו עד בקר באש תשרפו""LO SOSIRU MIMENU AD BOKER VEHA'NOSAR MIMENU AD BOKER BA'ESH TISROFU."- "Do not leave any of it (i.e. the Korban Pesach) over until the morning. Anything that is left over until the morning must be burned in fire." (Shemos 12:10)

15)[line 35]לא מן השם הוא זהLO MIN HA'SHEM HU ZEH- the reason that you (Rebbi Yehudah) gave is not the main reason for this Halachah (RASHI)

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