1)[line 4]נשבע לשנות את הידועNISHBA L'SHANOS ES HA'YADU'A- [a Shevu'as Shav is when] one makes an oath to change something which is known [to be not as he says]

2)[line 5]נשבע להחליףNISHBA L'HACHALIF- [a Shevu'as Sheker is when] one makes an oath to alter the truth (i.e., he swears about something he did or did not do in the past)

3)[line 9]לא יחל דברוLO YACHEL DEVARO

(a)The Torah empowers a person to create a prohibition, or obligation, upon himself through the means of his speech, as the verse states (Bamidbar 30:3), "If a man makes a Neder (vow) to HaSh-m, or swears a Shevu'ah (oath) to create a prohibition upon himself, he may not violate his word. As he spoke, he shall do." By pronouncing a Shevu'ah, one can either prohibit an act that was formerly permitted, or make obligatory an act that was formerly voluntary. By pronouncing a Neder, in contrast, one can only prohibit and not obligate, with the exception of Nidrei Hekdesh (vows to consecrate a sacrifice) which can also obligate a person (to bring the sacrifice he vowed).

(b)Lo Yachel Devaro is the Mitzvas Lo Sa'aseh that prohibits a person who makes a vow from breaking his vow. Besides Lo Yachel, one who violates a Neder transgresses a Mitzvas Aseh (Bamidbar ibid., Devarim 23:24). If, for example, a person takes a vow not to eat a certain food, as soon as he eats the smallest amount of that food, after being warned by two witnesses not to do so, he is punished with Malkus (RAMBAM Hilchos Nedarim 1:4-5).

4)[line 11]לאו בפירוש איתמר אלא מכללא אתמרLAV B'FEIRUSH ITMAR, ELA MI'KELALA ITMAR- it was not said explicitly, rather it was derived through something else he said

5)[line 15]לאו שיש בו מעשה לוקין עליוLAV SHE'YESH BO MA'ASEH LOKIN ALAV- we administer lashes for a negative commandment that is transgressed by performing an action (see Background to 3:7)

6)[line 17]ומימרU'MEIMAR - and he exchanged (TEMURAH)

(a)The Torah states, "Do not transfer or exchange [an animal that has been designated as a Korban for another animal], neither a good animal for a bad one, nor a bad one for a good one. If you do exchange [an animal of Kodesh for one that is not], both the original animal as well as the one attempted as an exchange will be Kodesh" (Vayikra 27:10-11). The Chinuch explains that the reason for the prohibition of Temurah is to teach us the proper reverence that we must have for objects of Kedushah (SEFER HA'CHINUCH #351, #352).

(b)The Temurah of a Korban, as a general rule, has the identical status of its "parent" Korban, and is offered upon the Mizbe'ach. If it has no Mum (blemish that invalidates it), it must also be offered on the Mizbe'ach (unless the original Korban was a Chatas or an Asham, or, as in the Sugya here, the original Korban itself was unfit to be sacrificed).

(c)A person who intentionally makes a Temurah receives Malkus (lashes). Sometimes, even if a person makes a Temurah b'Shogeg (unintentionally), he receives Malkus (see Chart to Temurah 17a).

7)[line 17]ומקלל את חבירו בשםU'MEKALEL ES CHAVEIRO B'SHEM

A Jew who curses a fellow Jew transgresses a negative commandment and receives Malkus (lashes), as the verses state, "Elokim Lo Sekalel v'Nasi v'Amecha Lo Sa'or" - "Do not curse a judge and do not curse a prince among your people" (Shemos 22:27); and "Lo Sekalel Cheresh" - "Do not curse a deaf-mute" (Vayikra 19:14). The last verse shows the stringency of the matter, since one receives Malkus even for cursing a deaf-mute, who does not hear the curse and does not feel the pain of the words (RAMBAM Hilchos Sanhedrin 26:1; SEFER HA'CHINUCH #231).

8)[line 29]אם אינו ענין לשבועת שוא, תנהו ענין...IM EINO INYAN L'SHEVU'AS SHAV TENEHU INYAN...

(a)There are times when the Torah appears to teach that which is unnecessary, since it has already expressed another similar teaching. The rule of "Im Eino Inyan la'Zeh, Tenehu Inyan la'Zeh" may then apply. This rule means that "if it is unnecessary for what it appears to be teaching, you should apply it to a different, related teaching." Through this rule, laws may be derived from verses that do not discuss explicitly that area of Halachah.

(b)In the case of the Gemara here, if the second mention of a Shevu'ah in vain is not applicable to a vain oath, then you should apply the verse to a false oath to teach that one is punished with Malkus for transgressing this prohibition.

9)[line 30]והוי בה ר' אבהוV'HAVI BAH R' AVAHU- and Rebbi Avahu wondered about [the Machlokes Amora'im under discussion here]

10)[line 39]התראת ספקHASRA'AS SAFEK - a warning that is in doubt

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. (See Background to 3:9.)

11)[line 47]שבועת בטויSHEVU'AS BITUY- See Background to 2:1.

12)[line 48]קרבן עולה ויורדKORBAN OLEH V'YORED

(a)A person brings a Korban Oleh v'Yored to atone for sins in three specific cases:

1.Shevu'as ha'Edus (see Background to Kerisus 12:7),

2.Tum'as Mikdash v'Kodashav (see Background to Kerisus 2:10),

3.Shevu'as Bituy (see Background to Shevuos 2:1).

(b)What constitutes a Korban Oleh v'Yored varies based on the means of the penitent:

1.If he is wealthy, he brings a female sheep or goat as his Korban Chatas (Korban Ashir).

2.If he cannot afford this, he brings two Torim or two Benei Yonah, one as an Olah and one as a Chatas (Korban Oleh v'Yored b'Dalus).

3.If he cannot even afford the birds, he brings one tenth of an Eifah of fine flour as a Minchas Chotei (Korban Oleh v'Yored b'Dalei Dalus) (Vayikra 5:6-13).

(c)The Minchas Chotei is not mixed with oil, and Levonah (frankincense) is not sprinkled on top of it (Vayikra 5:11). When a non-Kohen brings a Minchas Chotei, a Kometz of the flour alone is burned on the Mizbe'ach and the Kohanim receive the Shirayim (the rest of the flour, which they must eat before the following sunrise - RAMBAM Hilchos Ma'aseh ha'Korbanos 10:7).

21b----------------------------------------21b

13)[line 15]כל שהו למכותKOL SHEHU L'MAKOS- if a person eats even the minutest amount of a prohibited food, he receives Malkus. This is true, however, only when the transgressor was forewarned of the consequences of his actions.

14)[line 17]דבעי איפלוגי בעלמאD'BA'I IFLUGEI B'ALMA- they should have argued this issue (of prohibited foods) in general

15)[line 27]לדידכו אודו לי מיהאL'DIDCHU ODU LI MIHA- according to your reasoning, admit to me at least [in this case...]

16)[line 30]ויש בה כדי לצרף כזיתV'YESH BAH KEDEI L'TZAREF K'ZAYIS- and it has in it enough (between the bread and wine) to join to make a k'Zayis. According to Rebbi Akiva, if a Nazir eats grape products combined with a permitted food, such as bread, the Nazir receives Malkus for consuming a k'Zayis of the mixture, even though he has not consumed a k'Zayis of actual grape products.

17)[line 33]ואכל נבילות וטריפות שקצים ורמשיםV'ACHAL NEVEILOS U'TEREIFOS SHEKATZIM U'REMASIM- [if one swore, "I will not eat,"] and he ate meat of a Neveilah (a carcass of an animal that died without a proper Shechitah) or a Tereifah (an animal that has acquired, or was born with, a fatal defect that will result in its death within a year), or small creatures (such as rodents, reptiles, and insects), he is obligated to bring a Korban for transgressing his oath

18)[line 35]מושבע מהר סיני הואMUSHBA ME'HAR SINAI HU- the oath (that Yisrael accepted on Sinai) already obligates him not to eat them (so his oath does not takes effect)!

19)[line 42]נמלהNEMALAH- an ant

20)[line 42]בריהBIRYAH- a complete creature

21)[line 42]שוה פרוטהSHAVEH PERUTAH- worth the value of a Perutah

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