[34a - 32 lines; 34b - 40 lines]
1a)[line 1]איסור כולל ואיסור מוסיף ואיסור בת אחתISUR KOLEL V'ISUR MOSIF V'ISUR BAS ACHAS
(a)An object that is already prohibited by one Isur Torah cannot become prohibited by a second one (Ein Isur Chal Al Isur). However, there are a number of possible exceptions to this rule which are debated by the Tana'im (Chulin 101a):
1.Isur b'Vas Achas - Two Isurim may take effect at the same instant to prohibit the same object. The example of Isur Bas Achas in our Mishnah is that of Eshes Ish and Eshes Ach, both of which take effect at the same instant to prohibit the same person.
2.Isur Kollel - The second Isur may take effect if it includes objects that the first Isur did not (e.g. Yom ha'Kipurim prohibits not only the eating of Neveilos, but Kosher foods as well). The example of Isur Kollel in our Mishnah is that of Achos Ishah. When the second brother marries the sister of his brother's wife, his brother's wife becomes forbidden to him with the additional prohibition of Achos Ishah even though she was already forbidden to him because of Eshes Ach. This is because the Isur of Achos Ishah takes effect on all of the sisters, thereby including persons that were not included in the first Isur.
3.Isur Mosif - The second Isur may take effect if it adds a new dimension of Isur to the first (e.g. it prohibits the object to people who were not included in the first Isur, or it makes the object Asur b'Hana'ah and not just Asur to be eaten). The example of Isur Mosif in our Mishnah is that of Nidah. Even though a man's wife is already forbidden to all other men because of the Isur of Eshes Ish, she becomes forbidden to them because of Nidah as well, because the Isur of Nidah prohibits her to her husband, who was not included in the first Isur.
4.Isur Chamur (according to Rebbi Yehudah) - A more stringent Isur can take effect on an object that is already prohibited by a less stringent Isur (e.g. the prohibition of Gid ha'Nasheh is more stringent than the prohibition of non-Kosher animals, since it applied to Bnei Yakov when they were still permitted to eat non-Kosher animals).
(b)According to Rebbi Shimon, an object that is already prohibited can never become prohibited by another Isur, even if the second Isur is Kolel, Mosif, or Chamur.
2)[line 4]ואשםV'ASHAM (ASHAM ME'ILOS)
(a)The Torah specifies five cases in which a Korban Asham must be offered. This Korban usually consists of a ram which is worth a minimum of two Sela'im. An Asham Me'ilos must be offered by one who benefits from Hekdesh b'Shogeg. In addition, he is obligated to repay 125% of the value of that which he benefited (Vayikra 5:14-16; see Background to Kidushin 55:5a).
(b)Since the hypothetical person in question unintentionally ate from a Korban, he must offer a Korban Asham.
(a)Chelev refers to those fats of a Korban that are offered upon the Mizbe'ach. This includes the layer of fat covering the stomachs of the animal, all other fat attached to the stomachs, and the fat lining the kidneys along its flanks (Vayikra 3:4).
(b)One may not consume the Chelev of a kosher Behemah (domesticated animal), although one may derive any other benefit from it. "Shuman" is the term for all other fats of a Behemah that are permitted for consumption. Both Chelev and Shuman of a kosher Chayah (non-domesticated animal) may be eaten.
(c)If one consumes Chelev intentionally, he is liable to receive Kares (see Background to Sukah 25:25); if he did so unintentionally, then he must offer a Korban Chatas (see Background to Yoma 61:35). If one is in doubt as to whether the fat that he ate was Chelev or Shuman, then he must offer a Korban Asham Taluy (see Background ibid.).
(a)Any meat of a Korban which remains after the time within which it may be eaten must be burned (Vayikra 19:6). One who intentionally leaves over any part of a Korban beyond the time when it must be eaten transgresses the prohibition of "Nosar" (leftover) (Vayikra 22:30; see Pesulei ha'Mukdashin 18:9; Sefer ha'Chinuch #142, and Minchas Chinuch).
(b)One who eats at a k'Zayis of Nosar intentionally is liable to the punishment of Kares (see Background to 3:27). If he did so unintentionally, then he must offer a Korban Chatas.
5)[line 5]מן מוקדשיןMIN MUKDASHIN- from an animal that was a Korban. Since this was done in a state of Tum'ah, the transgressor must offer a Korban Chatas (Vayikra 22:3).
6)[line 5]ביוה''כB'YOM HA'KIPURIM- on Yom ha'Kipurim (which is punishable by Kares (Vayikra 23:29))
7)[line 6]והוציאוV'HOTZI'O (HOTZA'AH)
(a)Hotza'ah is the last of the thirty-nine Avos Melachos of Shabbos. It involves either:
1.the transfer of objects from a Reshus ha'Yachid (private domain) to a Reshus ha'Rabim (public domain);
2.Hachnasah, which refers to the transfer of objects from a Reshus ha'Rabim to a Reshus ha'Yachid;
3.Ma'avir Arba Amos bi'Reshus ha'Rabim, which refers to carrying an object from one place in a Reshus ha'Rabim to another over a distance of at least four Amos;
4.Moshit, which involves passing an object from one Reshus ha'Yachid to another through a Reshus ha'Rabim (as described in the Mishnah on Shabbos 96a). These are all Torah prohibitions.
(b)The Chachamim enacted that one may not perform Hotza'ah from one Reshus ha'Yachid to another.
(c)Additionally, the Chachamim created a new designation for an area termed a Karmelis. A Karmelis bears similarities to both a Reshus ha'Rabim and a Reshus ha'Yachid, although it is not quite either of them. The Rabanan decreed that a Karmelis has the status of both a Reshus ha'Rabim and a Reshus ha'Yachid, whichever is more stringent given the situation. This is because one may confuse it with either of the two Reshuyos. Some examples of a Karmelis are a sea, a desert, and an area in Reshus ha'Rabim that is at least four by four Tefachim wide but not higher than ten Tefachim, such as a raised platform, pole, or fenced in area.
8)[line 7]אינו מן השםEINO MIN HA'SHEM- this is not from the same name [of prohibition; namely, that of eating]
9)[line 8]טעה בדבר מצוה פטורTA'AH BI'DVAR MITZVAH PATUR - one who transgresses a sin while under the impression that he is performing a Mitzvah is exempt from offering a Korban Chatas
(a)One who unintentionally (b'Shogeg) transgresses a sin for which he would be liable to receive the punishment of Kares (see Background to 3:27) had he done so intentionally (b'Mezid) must offer a Korban Chatas. Certain other sins require the offering of a Korban Asham when transgressed unintentionally (see Background to Rosh Hashanah 6:8).
(b)If one transgresses an Aveirah that would normally obligate him in a Korban Chatas or Asham while under the mistaken impression that he was actually performing a Mitzvah (a "To'eh bi'Dvar Mitzvah"), there is a difference of opinion among the Tana'im as to whether or not he must offer a Korban Chatas. Rebbi Eliezer rules that such a scenario is included in the definition of "unintentional." Rebbi Yehoshua maintains that a To'eh b'Dvar Mitzvah is Patur from a Chatas.
(c)Within the opinion of Rebbi Yehoshua, who maintains that a To'eh b'Dvar Mitzvah is Patur, various opinions exist among the Tana'im and Amora'im with regard to exactly when this Petur applies and when it does not.
1.There is a Machlokes Tana'im as to whether Rebbi Yehoshua exempts one from a Korban Chatas only if he actually ends up performing a Mitzvah (Tana Kama), or even if he does not perform an actual Mitzvah through his actions (Rebbi Meir; Pesachim 72a).
2.Some say that the Petur of To'eh b'Dvar Mitzvah applies only when the desired Mitzvah must be accomplished within a limited time period, and he is therefore rushed ("Zemano Bahul"). If he has the option of performing the Mitzvah at a later date, To'eh b'Dvar Mitzvah will not exempt him from a Chatas.
3.Rebbi Meir maintains that Rebbi Yehoshua exempts one from a Chatas only if he was still required to perform the Mitzvah at the time when he thought he was doing so. If he had already performed the Mitzvah earlier - even if he was unaware of doing so - he must offer a Chatas (Pesachim 72a-b; see the Gemara there for a full discussion of this topic).
10)[line 12]תינוקותTINOKOS- this refers to the case of one who mistakenly circumcised the seven-day-old child on Shabbos instead of the eight-day-old.
11)[line 12]דזמנו בהולD'ZEMANO BAHUL- that his time is rushed [since the Mitzvah of circumcision is limited to the eighth day]
12)[line 15]בן גרושה או בן חלוצהBEN GERUSHAH O BEN CHALUTZAH - the son of a divorcee, or of a woman who underwent Chalitzah and then married a Kohen
(a)A child born from the union of a Kohen and a woman prohibited to the priesthood is called a Chalal, and he is unfit as a Kohen (Vayikra 21:15). An example of such a woman is a divorcee (Vayikra 17:7).
(b)Due to her similarity to a divorcee, a Chalutzah (one who has undergone the process of Chalitzah) is prohibited to a Kohen as a result of Rabbinic decree.
13)[line 16]קרן וחומשKEREN V'CHOMESH (TASHLUMEI TERUMAH)
(a)Once a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Terumah is one of the twenty-four Matnos Kehunah (gifts given to Kohanim by non-Kohanim). Although the Torah does not specify how much to give, the Rabanan set the requirement at between one fortieth and one sixtieth of the total crop. Until Terumah and Ma'asros (tithes) have been properly separated, the produce is termed "Tevel" and may not be eaten.
(b)Terumah must be eaten by Kohanim or their wives, unmarried daughters, and Nochri slaves, when they are Tehorim. If the wife of a Kohen is not herself the daughter of a Kohen, she may eat Terumah only as long as her husband or at least one of their sons is alive (Vayikra 22:11, Bamidbar 18:11; see Nidah 44a). If the daughter of a Kohen marries a Yisrael, she may not eat Terumah. If, however, she is widowed or divorced without children, then she returns to her father's house and may once again eat Terumah.
(c)Should a non-Kohen consume Terumah unknowingly, he must repay what he ate with a food item. That item, called Tashlumei Terumah, becomes Terumah when it is designated as repayment. The Keren (principal) must be paid to the Kohen who owned the Terumah (see Insights to the Daf, Pesachim 32). In addition, he is fined a Chomesh (one fifth) of the ensuing total, which is equal to one fourth of the Terumah eaten. This may be given to any Kohen (Terumos 6:2).
(d)If the Terumah was ingested in an abnormal fashion, e.g., the drinking of olive oil, as opposed to using it as a dip, then the non-Kohen need only pay as he would for damage caused (Nezek). He need not add a Chomesh.
(e)The Halachah of (d) applies as well to a non-Kohen who eats or benefits from Terumah b'Mezid (intentionally). Such a one is also liable to receive Misah b'Yedei Shamayim (Sanhedrin 83a).
14)[line 18]בתרומה בערב פסחB'TERUMAH B'EREV PESACH- Terumah [that is Chametz] on Erev Pesach [which must be eaten before the time to burn Chametz arrives (see Mishnah Pesachim 11b)]
15)[line 19]ואי בעית אימאV'IY BA'IS EIMA- and if you want I will say [an alternate option as to the authorship of the Mishnah]
16)[line 20]כולהוKULHU- all of them (i.e., the first three prohibitions listed in our Mishnah, Eshes Ish, Eshes Ach, and Achos Ishah)
17a)[line 21]דשוינהו שליחD'SHAVINHU SHALI'ACH- that the [two brothers] jointly appointed a messenger [to betroth the sisters]
b)[line 21]דשוינהו שליחD'SHAVUINHU SHALI'ACH- that the [two sisters] jointly appointed a messenger [to accept the betrothal of the brothers]
18)[line 21]ופגעU'PAGA- and he met
19)[line 23]בשופעות מתוך י''גSHOF'OS MI'TOCH SHELOSHAH ASAR- their [Nidah blood] continually flowed from before the time at which the brothers turned thirteen until after they turned thirteen, obligating them, and from before the time at which the sisters turned twelve until after they turned twelve, obligating them. See Insights.
20)[line 26]אין אשה מתעברת בביאה ראשונהEIN ISHAH MIS'ABERES MI'BI'AH RISHONAH- a woman cannot conceive as a result of the first time that she has relations [since the flow of blood from her hymen washes away the semen]
21)[line 28]ושנוV'SHANU- and they repeated
22)[line 29]תלתין ותרתיןTELASIN V'TARTEIN- thirty-two (since there are four individuals, each of whom became obligated in four Korbenos Chatas for each of two identical actions)
23)[line 30]כחKO'ACH- thrust
24)[line 31]טובאTUVA- many
25)[line 31]דבכח ראשון קחשיבDIB'KO'ACH RISHON KA'CHASHIV- that [the entire act of Bi'ah] is considered as if it is [no more than] the first thrust [since he was unaware of the fact that he was committing a transgression in between them]
26)[line 1]"[וַיִּקַּח יְהוּדָה אִשָּׁה לְעֵר בְּכוֹרוֹ, וּשְׁמָהּ] תָּמָר""[VAYIKACH YEHUDAH ISHAH L'ER BECHORO, U'SHEMAH] TAMAR" - "[And Yehudah took a wife for his son Er, and her name was] Tamar" (Bereishis 38) (TAMAR AND YEHUDAH: The Origins of Mashi'ach)
(a)Yehudah, son of Yakov Avinu, chose a woman by the name of Tamar as a wife for his eldest son Er. Er, however, was found wicked in the eyes of HaSh-m, and he died young and childless.
(b)Yehudah then gave Tamar to his next son, Onan, so that he could perform the Mitzvah of Yibum. Onan, however, resented that his potential son would be considered that of Er, and he deliberately avoided impregnating Tamar. For this, HaSh-m caused him to die young as well.
(c)Yehudah promised to give Tamar to his third son, Shela, when he would be of age. However, Yehudah was concerned that it had been Tamar who was the cause of his sons' deaths, and he delayed in letting Shela marry her. Tamar realized this and decided on a plan.
(d)She dressed as a harlot and waited along a path upon which she knew Yehudah would travel. With HaSh-m's intervention, she successfully attracted Yehudah's attention, and conceived.
(e)When Yehudah heard that his daughter-in-law was expecting, he sentenced her to death. She cleverly pointed out to him in a way that no one else would understand that it was he who had impregnated her, and Yehudah publicly admitted his role. Since this was a valid fulfillment of Yibum before the Torah was given, Tamar was allowed to live, and she bore twins. One of these twins, Peretz, was the ancestor of David ha'Melech and, ultimately, Mashi'ach.
27)[line 2]באצבע מעכהB'ETZBA MA'ACHAH- she broke through [her hymen] with her finger
28)[line 3]שמןSHEMAN- [was] their name; i.e., their designation
29)[line 5]שמשו שלא כדרכןSHIMSHU SHE'LO K'DARKAN- they had relations in an abnormal manner (sodomy)
30)[line 5]עשרים וארבעה חדשESRIM V'ARBA'AH CHODESH- [the] twenty-four months [during which a woman nurses her child]
31a)[line 6]דש מבפניםDASH MIBI'FNIM- (lit. "he threshes within") he performs the initial stages of marital relations in the normal manner
b)[line 6]וזורה מבחוץV'ZOREH MIBA'CHUTZ- and [yet he] releases his seed outside (since his wife's milk may dry up if she conceives, endangering the life of her other child)
32)[line 9]"[וידע אונן כי] לא לו יהיה הזרע; והיה אם בא אל אשת אחיו ושחת ארצה, [לבלתי נתן זרע לאחיו]""[VA'YEDA ONAN KI] LO LO YIHEYEH HA'ZARA, V'HAYAH IM BA EL ESHES ACHIV V'SHICHES ARTZAH, [L'VILTI NESAN ZERA L'ACHIV]"- "[And Onan knew that] the [potential] child would not be his, and it was when he came upon his brother's wife that he destroyed [his seed] upon the ground [so as not to grant children to his brother]" (Bereishis 38:9). See above, entry #26.
33)[line 16]ויכחיש יפיהYAKCHISH YAFYAH- it would compromise her beauty
34)[line 17]"[ואשה אשר ישכב איש] אתה שכבת זרע, [ורחצו במים וטמאו עד הערב]""[V'ISHAH ASHER YISHKAV ISH] OSAH SHICHVAS ZERA, [V'RACHATZU VA'MAYIM V'TAM'U AD HA'AREV]"- "[And a woman with whom a man has lain] with her a lying of seed, [they must both immerse in water, and they are then Tamei until evening]" (Vayikra 15:18).
35)[line 17]לכלהL'KALAH- [the first relations of] a bride
36)[line 19]הוןHON- the name of Rav Nachman's son
37)[line 20]חסהCHASAH- had compassion
38)[line 20]תכשיטי כלהTACHSHITEI CHALAH- the make-up of a bride [that would wash away in the Mikvah]
Ha'ara'ah refers to the very first stage of relations. Some opinions maintain that it involves no more than the slightest of skin-to-skin contact; others rule that it refers to a slight insertion (Yevamos 55b). As a general rule, Ha'ara'ah is enough to transgress a forbidden relationship, or, in the case of marriage or Yibum, finalize the relationship. The fact that Ha'ara'ah is Halachically equal to relations is derived from the usage of the term in the Torah (Vayikra 20:18).
40)[line 25]משכבת זרע נפקאMI'SHICHVAS ZERA NAFKA- it is derived from the words "a lying of seed" (Vayikra 15:18; see above, entry #34), which appear to be superfluous
41)[line 26]ששהתה אחר בעלהSHAHASAH ACHAR BA'ALAH- waits [unmarried] after her husband['s death or divorce]
42)[line 29]לבת רב חסדאL'VAS RAV CHISDA- to [his wife,] the daughter of Rav Chisda
43)[line 30]קא מרנני רבנן אבתריךKA MERANENEI RABANAN A'BASRICH- the scholars are muttering regarding [that which] you [have conceived after a ten-year-long wait between your first husband's death and your marriage to me]
44)[line 31]דעתאי עלך הואיDA'ATA'I ALACH HAVA'I- my intention was to marry you [the entire time]. The Gemara (Bava Basra 12b) relates that when both Rami bar Chama and Rava were students learning under Rav Chisda, his daughter foresaw that she was to marry both of them. She married Rami bar Chama and was subsequently widowed. Rava was not interested in marrying her since he was already married. Believing in her vision, she was content to wait until Rava's wife passed away (TOSFOS DH Da'ata'i).
45)[line 33]לעזLA'AZ- slander
46)[line 34]נבעלתיNIV'ALTI- (a) I had relations; (b) I desired to have relations (RITVA)
47)[line 35]וכולןV'CHULAN- and all [women who were involved in a previous relationship]
48)[line 35]להמתיןL'HAMTIN- to wait [before remarrying]
(a)Until a girl reaches the age of physical maturity, her father may marry her off to a groom of his choosing. This marriage is as valid as one in which a woman who is of age consents to marry a man of her own choosing.
(b)If such a girl is subsequently divorced or widowed before she reaches the age of maturity, or if her father died before marrying her off, then the Chachamim allowed her mother and/or oldest brother to marry her off. Such a marriage, however, is valid only mid'Rabanan. In this case she must be ten years old, or at the very youngest six years old, if she understands the concept of marriage. The RAMBAM and the RA'AVAD maintain that if such a girl gets married on her own, it is also a valid marriage mid'Rabanan.
(d)When a young girl is married mid'Rabanan, she has the option of rejecting the marriage. At any point until she reaches Halachic maturity (i.e., until she becomes a Na'arah), she may declare in front of two witnesses, "I do not want him." This procedure is termed Mi'un (refusal), and through it her marriage is retroactively annulled. A Get (a bill of divorce) is unnecessary in Mi'un. A girl who was married off by her father cannot annul her marriage through Mi'un (RAMBAM Hilchos Ishus 4:7-8).