The reference numbers below that appear in parentheses (e.g., TY #43) represent vessels or parts of the structure of the Beis ha'Mikdash. The labeling follows that of the diagram of the Tiferes Yisrael. This diagram, which has been included in a separate mailing and can also be found on our site (at http://www.dafyomi.co.il/midos/mids-charts.htm), is printed both in the Tiferes Yisrael Mishnayos (Midos Chapter 2 or following Midos) and in Rav P. Kahati's Mishnayos (page 290, at the beginning of Midos).
[8a - 43 lines; 8b - 30 lines]
(a)A person who murders intentionally after having been previously warned is liable to the death penalty. A person who murders unintentionally is exempt from the death penalty, but is punished with Galus (banishment, exile).
(b)When it is proven that a person killed unintentionally, he is banished to one of the six Arei Miklat (cities of refuge) or one of the forty-two cities of the Leviyim. He must stay there and not leave the city or its Techum for any reason whatsoever until the death of the Kohen Gadol who served at the time that he was sentenced to banishment.
(c)If the unintentional murderer leaves his city of refuge, the Go'el ha'Dam (the closest relative of the murdered person) is permitted to avenge the death of his relative and kill the murderer.
2)[line 6]בהנך דלאו בני גלות נינהוB'HANACH D'LAV BENEI GALUS NINHU - referring to those people who do not go to Galus [for the murder that they commmitted] (GALUS: Exemptions)
(a)See previous entry.
(b)The Gemara (Makos 7a-9b) discusses certain cases where an unintentional murderer does not go to Galus. Some examples follow:
1.A person goes to Galus for killing in a downward fashion, rather than in an upward fashion. As such, one who is pulling a roofing tool upwards that subsequently falls on the victim, one who is drawing up a bucket that subsequently falls on the victim or one who is climbing a ladder who falls on the victim does not go to Galus.
2.One who is "Omer Mutar" (he mistakenly thinks that it is permitted to kill, such as a person who is convinced that the person he is killing is a member of the nation of Amalek) does not go to Galus.
3.A person who intends to kill an animal, whether his blow missed the mark or whether the "animal" turned out to be a person, does not go to Galus.
4.The enemy of the victim, who kills without malice, still does not go to Galus.
5.A person who intends to throw a stone in one direction and instead throws it in another direction and kills the victim is considered closer to an accidental killer ("Ones") rather than an unintentional killer ("Shogeg") and does not go to Galus.
6.A person who intends to throw a stone a short distance and instead throws it a long distance and kills the victim is considered closer to an intentional killer ("Mezid") and does not go to Galus.
3)[line 12]ע"ז... דמייתי שעירהAVODAH ZARAH... D'MAISI SE'IRAH - idol worship... in which an individual offers a female goat (AVODAH ZARAH: YACHID HA'OVED AVODAH ZARAH)
(a)Avodah Zarah is the term for a Pesel (an idol or graven image) or anything such as the sun or the moon, or even a person, which people mistakenly believe is an independent power with G-d-like attributes, which they worship and to which they pray. It is prohibited to do even the most minute action that demonstrates the ascendancy of Avodah Zarah. Avodah Zarah is one of the three cardinal sins about which we are commanded, "Yehareg v'Al Ya'avor" - "One should be killed rather than transgress." (The other two are Giluy Arayos - forbidden relations and Sheficus Damim - murder. But see RAMBAM Hilchos Yesodei ha'Torah 5:1-4.)
(b)The prohibition to serve Avodah Zarah is one of the Ten Commandments, "Lo Yiheyeh Lecha Elokim Acherim Al Panai. Lo Sa'aseh Lecha Fesel v'Chol Temunah... Lo Sishtachaveh Lahem v'Lo Sa'ovdem..." - "You shall not possess any foreign gods, ever (lit. in my presence). You shall neither make for yourself a graven image nor any likeness of that which is in the heavens above or on the earth below or in the water beneath the earth. You shall not prostrate yourself to them nor worship them for I am HaSh-m, your G-d..." (Shemos 20:3-5).
(c)A person who serves Avodah Zarah b'Mezid (intentionally) is liable to the Kares punishment. If he received the proper warning and witnesses saw his action, he is liable to Sekilah (stoning). Avodah Zarah worshipped b'Shogeg (unintentionally) creates an obligation to offer a Korban Chatas (RAMBAM Hilchos Avodas Kochavim 3:1). The Korban Chatas is specifically a female goat, rather than a choice between a female sheep or goat (RAMBAM Hilchos Shegagos 1:4). A person who makes an idol or other Avodah Zarah, even for a Nochri, is liable to Malkus (lashes) (RAMBAM Hilchos Avodas Kochavim 3:9).
(d)Many rites were invented for specific forms of Avodah Zarah. If a person serves an Avodah Zarah with a rite specific to it, he is Chayav as above, (c). If one serves an Avodah Zarah with a rite that was intended for another Avodah Zarah, he is exempt from punishment. However, the verses show that a person who performs the services of Zibu'ach (sacrificing an animal), Kitur (burning incense), Nisuch (pouring a libation) and Hishtachava'ah (bowing down) is Chayav, whether it is specific to the Avodah Zarah or not (see Rambam ibid. 3:3). The prohibition against Avodah Zarah is included in the seven Mitzvos Benei Noach, the seven commandments in which all of humanity is obligated (see Background to Sanhedrin 56:25).
4)[line 13]סימן ע"ז יולדת מצורע נזירSIMAN AVODAH ZARAH YOLEDES METZORA NAZIR- these words stand for the topics that the Gemara brings to question the assumption that the Sa'ir ha'Na'aseh Bifnim is Toleh sins of Tum'as Mikdash v'Kodashav where there is Yedi'ah bi'Techilah but not ba'Sof (see Background to Shevuos 2:7), as follows. (Like Tum'as Mikash v'Kodashav, each topic has distinctive Halachos with regard to the Korbanos that are brought.)
1.Avodah Zarah - idol worship (line 12) (see previous entry). The Korban Chatas is specifically a female goat, rather than a choice between a female sheep or goat.
2.Yoledes - a woman after childbirth (line 16) (see next entry). 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 Benei Yonah, one as an Olah and one as a Chatas.
3.Metzora - a person who is cured from the skin disease of Tzara'as (line 20) (see Background to Shevuos 2:4 and below, entry #6). The Metzora brings Korbanos to complete his Taharah. The animal Korbanos are two male sheep and one female sheep. One of the male sheep is offered as an Olah, the other as an Asham. The female sheep is offered as a Chatas. If he could not afford to buy all of these animals, he is called a poor Metzora. The poor Metzora brings two Torim (turtledoves) or two Benei Yonah (common doves) as the Olah and the Chatas; however, a sheep is still brought as his Asham.
4.Nazir Tamei - a person who accepted upon himself the vow of Nezirus and subsequently became Tamei (line 25) (see below, entry #9). The sacrifices he brings are two Torim (turtledoves) or two Benei Yonah (young common doves), one as a Chatas and one as an Olah. He must also bring a yearling sheep as an Asham.
5)[line 16]יולדת... דמייתא עולה ויורדYOLEDES... D'MAISA OLEH V'YORED - a woman after childbirth... who brings a Korban that varies based upon the means of the penitent
(a)In Vayikra 12:1-8, the Torah discusses the laws of Tum'ah and Taharah after childbirth. 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 permitted to her husband and to eat Ma'aser Sheni.
2.During the second stage, any blood that she sees does not give her the status of a Nidah as it normally would. The blood that she sees during this period 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.
(b)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 Sanhedrin 83:14). 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 Benei Yonah, one as an Olah and one as a Chatas. (The current practice is to consider a woman a Nidah even if she sees blood during the period of Dam Tohar - see Insights to Nidah 25a.)
6)[line 20]מצורעMETZORA (METZORA: THE PROCESS BY WHICH A METZORA BECOMES TAHOR)
(a)On the day that a Metzora is healed from his Tzara'as, he takes 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 is removed from the living bird after it is sent off to the fields.
(b)The Metzora next shaves with a razor 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 (Mo'ed Katan 7b). He counts seven days ("Yemei Sefiro"), 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 Sanhedrin 83:14).
(c)On the eighth day, the Metzora must bring Korbanos to complete his Taharah. The animal Korbanos are two male sheep and one female sheep. One of the male sheep is offered as an Olah, the other as an Asham. The female sheep is offered as a Chatas. If he could not afford to buy all these animals, he is called a poor Metzora. The poor Metzora brings two Torim (turtledoves) or two Benei Yonah (common doves) as the Olah and the Chatas; however, a sheep is still brought as his Asham. An ordinary Metzora or a poor Metzora brings Nesachim with all of his animal Korbanos (Menachos 91a).
(d)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 with the Log of oil resting upon it. After the Asham is slaughtered, some of the blood is placed on the body of the Metzora: on the middle section of cartilage of the Metzora's right ear, on his right thumb and 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 (TY #18; 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 had the Kedushah of the Azarah, Sha'ar Nikanor only had the Kedushah of Har ha'Bayis. The Chachamim arranged this so that the Metzora could stick his head, right hand and right foot into the Azarah while standing under the archway of the gate.
(e)After all of the Korbanos were offered, a Kohen pours some of the oil in 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 put on the body of the Metzora, on the places where the blood of the Asham was placed. The remainder of the oil in the Kohen's hand is placed on the Metzora's head. The rest of the Log which was not poured into the Kohen's hand was given to the Kohanim, and must be consumed by male Kohanim in the Azarah (it is one of the Kodshei ha'Kodashim). (RAMBAM Hilchos Mechusarei Kaparah 4:2-3)
7)[line 22]על שבעה דברים נגעים באיןAL SHIV'AH DEVARIM NEGA'IM BA'IN
(a)Rebbi Shmuel bar Nachmani quotes Rebbi Yonasan who states that a person is afflicted with Nega'im for seven specific sins. He brings sources for each sin from the verses (see Erchin 16a and MAHARSHA there). The sins are:
1.Lashon ha'Ra - making derogatory statements about people (see Background to Bava Basra 164:46)
2.Shefichus Damim - murder
4.Giluy Arayos - illicit marital relation
5.Gasus ha'Ru'ach - haughtiness
6.Gezel - robbery
7.Tzaras Ayin - stinginess
8a)[line 24]נגעיה דאכפר ליהNIG'EI D'ACHPAR LEI- the Metzora receives atonement for his sin from the suffering and embarrassment through which he goes
b)[line 24]וקרבן לאישתרויי בקהלV'KORBAN L'ISHTARUYEI BA'KAHAL - and his Korbanos are brought to permit him to return to the congregation (i.e. a settlement)
See above, entry #6.
9)[line 25]נזיר טמא דחלק דמייתי תורים ובני יונהNAZIR TAMEI... D'MAISI TORIM U'VENEI YONAH - a person who accepted upon himself the vow of Nezirus and subsequently became Tamei... brings [two] Torim or [two] Benei Yonah (NEZIRUS / KORBAN NAZIR TAMEI)
(a)If a person makes a vow to become a Nazir without stipulating a time period, his or her Nezirus lasts for a period of thirty days. If the person stipulates a time period, his or her Nezirus lasts for whatever amount of time he stipulated. During this period, the Nazir is not allowed to 1. cut his hair; 2. become Tamei by touching or being in the same room as a corpse; or 3. consume any products of the grapevine (Bamidbar 6:1-21, SEFER HA'CHINUCH #377). Transgressing any one of these prohibitions makes the Nazir liable to Malkus, as long as he was warned beforehand.
(b)If an ordinary Nazir becomes Tamei through contact with or being in the same room as a corpse, on the third and seventh days he must be sprinkled with water that has the ashes of the Parah Adumah in it (see Background to Sanhedrin 77:34) to become Tahor. On the seventh day of his purification he shaves off the hair of his head. On the eighth day, he brings the sacrifices of a Nazir who becomes Tamei and begins counting anew the days of Nezirus that he accepted upon himself. The sacrifices he brings are two Torim (turtledoves) or two Benei Yonah (young common doves), one as a Chatas and one as an Olah. He must also bring a yearling sheep as an Asham. (These Korbanos and this shaving are in addition to the Korbanos and shaving that he, and every Nazir, brings upon the completion of his Nezirus.)
(c)When a Nazir completes his period of Nezirus, he must offer three sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram as a Shelamim. Together with the Shelamim he brings 6 and 2/3 Esronos of Soles (fine flour), which are made into 20 loaves of Matzah, 10 Chalos (unleavened loaves of Matzah) and 10 Rekikin (flat Matzos). He then shaves off the hair of his head and burns it under the cauldron in which the Zero'a of the Shelamim is cooked (Bamidbar 6:18).
10)[line 21]מיתה ממרקתMISAH MEMAREKES- (lit. death cleanses [the sinner]) the sinner's death completes his atonement [even without the Sa'ir ha'Penimi]
11)[line 26]"[וְכִפֶּר אַהֲרֹן עַל קַרְנֹתָיו] אַחַת [בַּשָּׁנָה מִדַּם חַטַּאת הַכִּפֻּרִים אַחַת בַּשָּׁנָה יְכַפֵּר עָלָיו לְדֹרֹתֵיכֶם קֹדֶשׁ קָדָשִׁים הוּא לה']""[V'CHIPER AHARON AL KARNOSAV] ACHAS [BA'SHANAH; MI'DAM CHATAS HA'KIPURIM, ACHAS BA'SHANAH YECHAPER ALAV L'DOROSEICHEM, KODESH KODASHIM HU LA'SH-M]"- "[And Aharon shall make an atonement upon its horns] once [a year; with the blood of the Chatas of atonements, once a year shall he make atonement upon it throughout your generations; it is most holy to HaSh-m.]" (Shemos 30:10)