[45a - 55 lines; 45b - 51 lines]

1)[line 2]" [ ;] [ ]""V'YATZ'U [ZEKEINECHA V'SHOFTECHA;] U'MADEDU [EL HE'ARIM ASHER SEVIVOS HE'CHALAL]"- "And [your elders and judges] shall go out; and they shall measure [to the cities that surround the corpse]" (Devarim 21:2).

2)[line 6] BA'ALIL L'IR- clearly [closer] to [one] city

3)[line 11]" ...""U'VASA EL HA'KOHANIM HA'LEVIYIM V'EL HA'SHOFET ASHER YIHYEH BA'YAMIM HA'HEM..."- "And you should come to the Kohanim from the tribe of Levi, and to he who is the judge at that time..." (Devarim 17:9). Rebbi Eliezer ben Yaakov interprets the phrase "he who is the judge at that time" to be referring to the head Kohen; i.e., the Kohen Gadol (TOSFOS HA'ROSH).

4)[line 17]METZA'AN- if [the Zaken Mamrei (see next entry)] found [the members of the Sanhedrin ha'Gadol]

5)[line 17] ZAKEN MAMREI - A Rebellious Sage

(a)A Zaken Mamrei is a Torah Sage who defies the ruling of the Great Sanhedrin of seventy-one judges who sit in the Lishkas ha'Gazis (The Chamber of Hewn Stone, TY #27) in the Beis ha'Mikdash.

(b)The following conditions are necessary for one to become a Zaken Mamrei:

1.He is one of the outstanding Torah Sages of his time, authorized to judge and teach Halachah;

2.He was involved in a dispute with other Sages in a Halachic matter, and they brought the case to the Great Sanhedrin for judgment;

3.The Sanhedrin ruled against him, after which he returned to his city and obstinately continued to rule according to his original opinion.

(c)One who fulfills these three conditions after having received a proper warning by valid witnesses is put to death by Chenek (choking). His sentence is carried out in Yerushalayim when Bnei Yisrael arrive to fulfill the Mitzvah of Aliyah l'Regel (traveling to the Beis ha'Mikdash on each of the three festivals) on the next holiday. This is to inspire them to act properly and shy from sin (Devarim 17:12-13).

6)[line 17] A'BEI PAGI- near Beis Pagi, which is a) any area within Yerushalayim outside of the Temple Mount (RASHI); b) a specific place just outside of Yerushalayim (RABEINU GERSHOM to Menachos 78b; BARTENURA to Menachos 11:2)

7)[line 17] HIMRAH ALEIHEM- he rebelled against them

8)[line 19]"... [ ' - ]""... V'KAMTA V'ALISA EL HA'MAKOM [ASHER YIVCHAR HASH-M ELOKECHA BO]"- "... and you shall get up and ascend to the place [that HaSh-m your G-d has chosen]" (Devarim 17:8). This is the first verse in the Parshah of Zaken Mamrei.

9)[line 20] ?D'NAFUK KAMAH?- (the Gemara asks) how many [members of the Sanhedrin] went out [to Beis Pagi]?

10)[line 21] HANACH D'IKA GAVA'I KAVASEI SEVIRA L'HU- those who remain inside [the Lishkas ha'Gazis] rule as he does

11)[line 23]" ; ...""SHARERECH AGAN HA'SAHAR, AL YECHSAR HA'MAZEG..."- "Your navel is a round goblet; it does not lack watered wine..." (Shir ha'Shirim 7:3). Our Gemara understands that this verse refers to the Sanhedrin. The Sanhedrin sits in the Beis ha'Mikdash, which is referred to as the "navel" of Eretz Yisrael (since it where we connect to HaSh-m and receive His sustenance). They sit is a semicircle so as to be able to see one another. Wine is diluted one part wine to two parts water; so, too, one third of the Sanhedrin must remain in the Lishkas ha'Gazis at all times. (This equals twenty-three when rounded down.) See also TOSFOS HA'ROSH.

12)[line 29] L'HOSIF AL HA'IR V'AL HA'AZAROS- to extend the boundaries of Yerushalayim and the courtyards of the Beis ha'Mikdash [and bestow upon them the proper level of sanctity]

13)[line 36]"[ ] ...""[KI SIKTZOR KETZIRECHA V'SADECHA] V'SHACHACHTA OMER BA'SADEH..." - "[When you harvest your standing grain in your field] and you forget a bundle in the field, [do not return to take it; it shall be for the stranger and widow...]" (Devarim 24:19) (SHICHECHAH)

If, while harvesting grain, one mistakenly leaves one or two sheaves of wheat in the field, they may not be retrieved. Rather, they must be left for the poor. Also included in the category of Shichechah is part of one's field that was overlooked during the harvest.

14a)[line 36] PRAT L'TAMUN- to the exclusion of [a sheaf] that is hidden. At this point, the Gemara understands that Rebbi Yehudah derives this Halachah from the word "ba'Sadeh", which implies that it must be visible in the field.

b)[line 37] L'RABOS ES HA'TAMUN- to include [a sheaf] that is hidden. At this point, the Gemara understands that the Rabanan derive this Halachah from the word "ba'Sadeh", which implies that it may be anywhere - even hidden - in the field.

15)[line 38][] [KOL] HEICHAH D'MISHTAKE'ACH- wherever it may be found

16)[line 36]" [...]""KI SIKTZOR KETZIRCHA V'SADECHA V'SHACHACHTA OMER [BA'SADEH ...]"- see above, entry #13

17)[line 40] TEIPOK LEI- let him derive it

18)[line 41] SHICHECHAS KAMAH- standing stalks of grain that were forgotten [during the harvest]

19)[line 41] " []"NAFKA L'HU MI"KI SIKTZOR KETZIRCHA V'SADECH [V'SHACHACHTA]"- they derive it from "When you harvest your standing grain in your field] [and you forget]" [which implies that it was that which remained standing in the field that was forgotten]

20)[line 42] SHE'TZAFU OMRIN L'SOCH SEDEI CHAVEIRO- that sheaves of grain floated [on the wind] into another's field

21)[line 43]"" ""MI"V'SADEH" "V'SADECH"- from that which the verse could have contained the word "v'Sadeh" and instead contains the word "v'Sadecha"

22)[line 44] TZAFU OMRIN L'SOCH SEDEIHU- if one's sheaves of grain floated within his own field [and landed on a rock or column or any object that cannot be classified as his "field"]

23)[line 46] , ?TZAFU IN, MUNACHIN LO?- [is it possible to say that] when they remain "floating" (i.e., they did not land on the field itself) this [exemption] applies, but if they landed [in the field] it does not?

24)[line 47] LO MISHKACHAS LAH ELA B'TZAFU- it is impossible to find [a case in which the sheaves ended up in another's field] other than [one in which] they floated [although they have since landed]

25)[line 48] AL GABEI CHAVEIRO- on top of another sheaf

26)[line 51] KEIVAN D'ACHZIK BEI, ZACHAH BEI- [for] once he has held it, he has acquired it [and it no longer has the status of Shichechah even if he subsequently forgets it (Bava Metzia 11a)]

27)[line 51] ...?MAI IRYA...?- why is it fitting...?

28)[line 52] MI'SHUM TACHTON- in order [to teach that the Rebbi Shimon ben Yehudah exempts] the bottom [sheaf from Shichechah since it is Tamun]

29)[line 53] MI'PNEI SHE'HU K'TZAF- since it is as if it is floating; i.e., it retains the Halachic status that it obtained when it was lifted

30)[line 53] HAREINI K'VEN AZAI B'SHUKEI TEVERYA- I [feel today] like Ben Azai [who was sharper than all of his peers other than Rebbi Akiva (Erchin 30b) and who a) expounded with great clarity and depth (RASHI); b) answered any question put to him (RABEINU GERSHOM to Erchin 30b)] in the marketplaces of Teveryah [and I am therefore willing and ready to answer any question put to me]

31)[line 53] SHNEI CHALALIM, ZEH AL GABEI ZEH- two corpses [found dead between two cities], one atop the other [that are not lined up precisely such that the upper is closer to one city and the lower to another]

32)[line 54] MIN B'MINO HAVEI TAMUN- perhaps an object covered by a like object is considered hidden [which would remove the lower body from the Parshah of Eglah Arufah]

33)[last line] ...O DILMA...- The fourth possibility of both corpses requiring the ceremony of Eglah Arufah is understood and need not be spoken out (RASHI).

45b----------------------------------------45b

34)[line 5] VEHA'ELYON MI'PNEI SHE'HU TZAF- Abaye is not suggesting that this should resolve the question of the upper corpse, since the Gemara earlier deferred such a proof. Rather, that question remains unanswered while Abaye attempts to prove the status of the lower body (RASHI).

35)[line 6]SAVRUHA- [the students of the Yeshivah] thought [that Abaye's proof was] (see RASHASH to RASHI DH Savruha)

36)[line 11] RABANAN K'RABANAN- the Rabanan [of this Beraisa who maintain that the lower sheaf remains Shichechah] rule like the Rabanan [of the earlier Beraisa who maintain that a hidden sheaf is not exempt from Shichechah]

37a)[line 13]B'AFAR- [if the sheaf was hidden] in dirt

b)[line 13]B'TZEROR- [if the sheaf was hidden] under pebbles

38)[line 16]"" "CHALAL" V'LO CHANUK- [the term] "Chalal" [in the Parshah of Eglah Arufah, which implies a) one killed by a metal weapon such as a sword, and b)a still corpse] excludes one who was choked [to death]

39)[line 16]MEFARPER- one who is in the midst of death convulsions

40)[line 21] MUTAL B'ASHPAH- lying in a garbage heap [which has the status of "Adamah"]

41)[line 24]"" "CHALAL" YESEIRA KSIV- the word "Chalal" is written many times

42)[line 26]" " "KI YIMATZEI" PERAT L'MATZUY- "When [a dead body] is found ..." (Devarim 21:1) [implies that such an occurrence is unusual and therefore] excludes [a situation wherein corpses are] commonly found

43)[line 30] MANICHIN OSAH- we ignore [the city closest to the corpse]

44)[line 31]" " "V'LAKCHU ZIKNEI HA'IR HA'HI" MI'KOL MAKOM- "And the elders of that city should take [a female calf...]" implies the elders of any city [since the verse does not simply state "its elders"]

45)[line 31]MECHUVAN- exactly

46)[line 31] SHETEIHEN MEVI'OS SHTEI EGLOS- each of the two cities brings a calf

47)[line 33] ?ME'AYIN HAYU MODEDIN?- from where [on the dead body] did they measure?

48)[line 34]TIBURO- his navel

49)[line 34]CHOTMO- his nose

50)[line 34]TZAVARO- his neck

51)[line 35] EFSHAR L'TZAMTZEM - whether or not it is possible for two natural events to occur simultaneously (EFSHAR L'TZAMTZEM / IY EFSHAR L'TZAMTZEM)

(a)Tana'im disagree as to whether or not it is possible for unplanned events to occur simultaneously. Our Gemara explains that Rebbi Eliezer in our Mishnah maintains that it is possible for a corpse to lie precisely equidistant from two cities.

(b)The Rabanan who disagree are of the opinion that Iy Efshar l'Tzamtzem. The body is definitely closer to one of the two cities; it is simply beyond our ability to measure such fine detail. The Batei Din of the two cities must bring a joint Eglah Arufah, stipulating that it should belong completely to the Beis Din of the city to which the corpse is truly closest.

52)[line 35]"" "KEROVAH" VA'AFILU KEROVOS- "[the] closest [city]" implies even [cities] that are close (For another example of the singular referring to the plural, RASHI offers Yonah 4:11.)

53)[line 36]"[ ' - ] ...""[KI YIMATZEI CHALAL BA'ADAMAH ASHER HASH-M EL-KECHA NOSEN LECHA] L'RISHTAH..."- "[When a dead body is found upon the land that HaSh-m your G-d has given you] as an inheritance..." (Devarim 21:1).

54)[line 36] YERUSHALAYIM LO NISCHALKAH LA'SHEVATIM - Yerushalayim was Not Split Among the Tribes

(a)Although the city of Yerushalayim straddles the border between the portions of Yehudah and Binyamin, the city itself was not divided among the tribes. Rather, it belongs collectively to all of Klal Yisrael.

(b)The verse in the Parshah of Eglah Arufah describes the body as lying on land that HaSh-m bequeathed as an inheritance. Yerushalayim is therefore excluded, as it cannot be passed on to any individual as an inheritance.

55)[line 38] MES MITZVAH KONEH MEKOMO - A Corpse With No Relatives is Buried Where It is Found (MES MITZVAH)

(a)If the corpse of a Jew is found and there are no known relatives to attend to it, it is termed a Mes Mitzvah. He who comes across a Mes Mitzvah is obligated to see to its burial.

(b)Yehoshua decreed that a Mes Mitzvah is buried where it is found. This is only true, however, assuming that it was not found within 2000 Amos of a Jewish community. In such a case it is buried in the community cemetery.

56)[line 38] HACHI KA'AMAR- This is the equivalent of "Chisurei Mechasra v'Hachi ka'Tani"; the Gemara is adding words into our Mishnah (see RASHI to 3b DH Hachi Nami ka'Amar).

57a)[line 40] B'DUCHTEI NAFIL- falls in its place [when it is beheaded]

b)[line 40] REISHA D'NADI V'NAFIL- it is the head that moves (i.e., rolls) when it falls

58)[line 41] RAHIT AZIL- continues to run [even after death]

59)[line 41] IKAR CHIYUSA B'APEI- the main source of one's life is in his nose

60a)[line 42]"... ...""... MI'ME'EI IMI ATAH GOZI..."- "... from the innards of my mother, You drew me out..." (Tehilim 71:6). Based upon the following verse, our Gemara interprets this to mean, "You formed me in my mother's womb beginning with my head."

b)[line 43]" ...""GOZI NIZRECH V'HASHLICHI..."- "Pull out your hair and cast it away..." (Yirmeyahu 7:29). From that which one's hair grows from his head, the Tana Kama derives that the word "Gozi" refers to the head.

61)[line 43] MESHALE'ACH SHARASHAV EILACH V'EILACH- it sends its roots in all directions; i.e., the limbs of an embryo branch out from its navel

62)[line 43] AFILU TEIMA ABA SHAUL- you can even say that Aba Shaul [agrees with Rebbi Akiva]

63)[line 44]MI'METZI'ASEI- from its center

64)[line 44]CHIYUSA- life [as it is sustained following birth]

65)[line 46]"... ...""... LA'SES OSACH EL TZAVEREI CHALELEI RESHA'IM ..."- "... [HaSh-m has therefore decided to] place you like the neck of the bodies of [Jewish] sinners..." (Yechezkel 21:34). This verse refers to the Amonites, who were destined to fall to Nevuchadnetzar. Rebbi Eliezer ben Yaakov derives from the verse that a "Chalal" is "dead from his neck"; i.e., it is from the neck that one should measure from when a body is found between two cities.

66)[line 46]NIFTERU- they took leave

67)[line 47] ASHER LO MASHCHAH B'OL- that has not pulled a yoke

68)[line 47]MUM - a Blemish that Invalidates an Animal as a Korban

(a)An animal with a Mum (physical blemish) may not be offered as a Korban (Vayikra 22:17-25). Although the exact definition of the Mumim listed in the Torah is subject to dispute, all of the blemishes are known through tradition (RAMBAM, Perush ha'Mishnayos to Bechoros 7:2). The following Mumin are those listed as invalidating (based partially on Rav Aryeh Kaplan's "The Living Torah"):

1.AVERES - a blind animal (even in one eye)

2.SHAVUR - an animal with a broken limb

3.CHARUTZ - an animal with a gash (this includes a perforated or split eyelid, nose, or lip, or a gash in the skin over any bone)

4.YABELES - an animal with a wart

5.GARAV - an animal infected with mange (similar to eczema)

6.YALEFES - an animal infected with ringworm

7.SARU'A - an animal with an extra or overgrown limb

8.KALUT - an animal with a missing limb or hooves that are not split

9.MA'UCH - an animal whose testicles were crushed by hand

10.KATUS - an animal whose testicles were crushed by an implement

11.NATUK - an animal whose testicles are pulled loose

12.KARUS - an animal with severed testicles

(b)If the animal had had one of these Mumin prior to its sanctification, then it does not become Kadosh. If it developed the Mumin only afterward, then it must be sold, and the Kedushah transfers to the money. The money should then be used to purchase a replacement Korban.

(c)Only an animal with a Mum Kavu'a (permanent blemish) may never be offered upon the Mizbe'ach. If the Mum is Over (temporary) (e.g., boils), then the animal is fit to be offered as a Korban once the Mum passes.

(d)These blemishes do not invalidate a female calf from being used as an Eglah Arufah.

69)[line 48] NACHAL EISAN- a) a valley with unfertile soil (RASHI to Devarim 21:4 and 46b; see TOSFOS REBBI AKIVA EIGER here); b) a swiftly flowing stream (RAMBAM Hilchos Rotze'ach 9:2) (See Insights to 46a)

70)[line 48] K'MASHMA'O KASHAH- a) hard (RASHI); b) powerful (RAMBAM), as the name implies

71)[line 48] ORFIN OSO KOFITZ ME'ACHOREHA- they decapitate it with a cleaver from the back of its [neck]

72)[line 48]MEKOMAH- the place [upon which the Eglah was decapitated (i.e., the Nachal Eisan)]

73a)[line 49] LI'SROK SHAM PISHTAN- to comb flax there

b)[line 49] L'NAKER SHAM AVANIM- to shape and form stones [with a chisel] there (BARTENURA, YACHIN)

74)[line 50]"[ ,] ' () , '""[V'ANU V'AMRU,] 'YADEINU LO SHAFCHU ES HA'DAM HA'ZEH, V'EINEINU LO RA'U'"- "[And they answer and say,] 'Our hands did not spill this blood, nor did our eyes see (the murder)'" (Devarim 21:7).

75)[last line]PETARNUHU- we let him go

76)[last line] ( )HINACHNUHU (B'LO LEVAYAH)- leave him without an escort

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