[106a - 48 lines; 106b - 37 lines]

1)[line 4]אבית הדשןA'BEIS HA'DESHEN - [they are burned] on the Beis ha'Deshen (BEIS HA'DESHEN)

See Background to Zevachim 64:1.

2)[line 8]שיהא מקומו משופךSHE'YEHEI MEKOMO MESHUPACH- that its place should be sloped (lit. fit for pouring); i.e. if ashes were put on that spot they would slide downward because the surface is sloped

3)[line 11]המצית את האורHA'METZIS ES HA'UR- one who kindles the fire

4)[line 11]המסדר את המערכהHA'MESADER ES HA'MA'ARACHAH- the one who arranged the firewood atop the Mizbe'ach

5)[line 17]ניתך הבשרNITACH HA'BASAR- if the meat is burned to hard lumps; shrunken by fire

PEREK #13 HA'SHOCHET VEHA'MA'ALEH

6)[line 22]העלאהHA'ALA'AH- offering it up [on a Bamah]

7)[line 36]כל מקום שנאמר השמר פן ואלKOL MAKOM SHE'NE'EMAR HISHAMER PEN V'AL EINO ELA LO SA'ASEH- every verse that contains one of the words, "Hishamer," "Pen" or "Al" is a negative commandment

8)[line 41]למרקוליסL'MARKULIS- to Markulis, the Roman God Mercury, identified with the Norse god Wodin, worshipped by throwing stones at it or removing stones from in front of it (RAMBAM Hilchos Avodas Kochavim 3:2). (See Audio Shiur to Avodah Zarah 50: Archeology and Avodah Zarah.)

106b----------------------------------------106b

9)[line 16]בחלבB'CHELEV (CHELEV)

See Background to Zevachim 48:7.

10)[line 23]וכלאי הכרםV'CHIL'EI HA'KEREM (KIL'EI HA'KEREM)

See Background to Zevachim 72:3.

11)[line 25]לא הותרו מכללןLO HUTRU MI'KELALAN- there is never an exception to their rules (as there is in the case of Chelev)

12)[line 28]תיתי בקל וחומר ממותירTEISI B'KAL VA'CHOMER MI'MOSIR- learn it through a Kal va'Chomer from Mosir (one who leaves over the meat of a Korban passed its allotted time; see Background to Zevachim 77:7)

13)[line 35]וכי מזהירין מן הדיןV'CHI MAZHIRIN MIN HA'DIN? - and do we derive prohibitions through logical reasoning? (EIN MAZHIRIN MIN HA'DIN)

(a)A person is only liable to Malkos mid'Oraisa if he transgresses a Lav ("Azharah") of the Torah that is punishable by Malkos (e.g. that is not a Lav shebi'Chelalos, or a Lav she'Nitak l'Aseh, etc.). A prohibition that is implied by a positive commandment is never punishable by Malkos.

(b)Similarly, a person is only liable to the death penalty for an action that is prohibited by a negative commandment, as stated by Chazal, "Lo Anash Ela Im Ken Hizhir" (Yoma 81a).

(c)Even though a Kal va'Chomer (an a fortiori argument, also known as "Din" in the language of the Gemara) is one of the thirteen methods for extracting the Halachah from the verses of the Torah, the Halachos that are learned from them are not considered Azharos such that they may make a person liable to Malkos or the death penalty. An Azharah must be explicit in the Torah as a negative commandment or must be learned through a Hekesh or Gezeirah Shavah. What is learned through these methods is considered as though it were explicitly mentioned (since they cannot be refuted based on logical grounds, like a Kal va'Chomer can.)

14)[line 35]עונשין מן הדיןONSHIN MIN HA'DIN

(a)We do not administer corporal punishments through deriving them from an exegetical process such as a Kal va'Chomer or Binyan Av (rather, it must be written in the Torah explicitly, or learned from a Hekesh or Gezeirah Shavah). For example, the Torah explicitly prohibits, with a punishment of Sereifah, a man from living with his daughter's daughter (Vayikra 18:10), but it does not explicitly mention one who lives with his own daughter. If not for a Gezeirah Shavah, we would not be able to administer a punishment to one who sins with his daughter, because "Ein Onshin Min ha'Din" (Sanhedrin 76a; see there for an exception to this rule, whereby if the Kal v'Chomer is not a real Kal v'Chomer but rather it is a Giluy Milsa (showing what the words in a verse mean), then the punishment can be derived through that Giluy Milsa.) (See Insights to Nazir 44:1, Bava Kama 2:2.)

(b)According to one opinion (Sanhedrin 54a), we do administer corporal punishments through deriving them from an exegetical process such as a Kal va'Chomer or Binyan Av.

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