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Bava Kama 110
1) [line 4] V'IY D'LO MATZI AVID AVODAH, SHALI'ACH HEICHI MESHAVI? - and if
he cannot perform the Avodah (because he is ill), then how can he appoint a
Shali'ach [to do it]? (There is a rule that a person can appoint a Shali'ach
to do only something that he himself is able to do.)
2) [line 6] SHE'YACHOL LA'ASOS AL YEDEI HA'DECHAK - he is able to do [the
Avodah], but with great difficulty
3) [line 7] AVODAH, D'CHI AVID LEI AL YEDEI HA'DECHAK AVODAH HI, U'MESHAVI
SHALI'ACH - Avodah, when done with great difficulty is still a [valid]
Avodah, and thus he may appoint a Shali'ach
4) [line 9] ACHILAH GASAH HI, V'ACHILAH GASAH LAV KELUM HU - it is a forced,
gluttonous form of eating, and such a form of gluttonous eating is nothing
(it is not considered eating)
5) [line 11] IM HAYAH KOHEN TAMEI B'KORBAN TZIBUR - if the Kohen was Tamei
when bringing a communal sacrifice
TUM'AH D'DECHUYAH HI B'TZIBUR
(a) The Torah permits offering Korbenos Tzibur (communal sacrifices)
b'Tum'ah. Therefore, Korbenos Temidim and the Musafim of Shabbos, Yom Tov
and all other Korbanos and Menachos that are brought for the Tzibur, such as
Minchas ha'Omer and the Shtei ha'Lechem, may be offered even if there is a
need to offer them b'Tum'ah (as will be explained below).
(b) The Tana'im argue whether Tum'ah is *Hutrah* b'Tzibur or *Dechuyah*
b'Tzibur (Pesachim 77a, Yoma 7b).
The Gemara in Yoma explains that according to all opinions, if certain
Kohanim in the Mikdash are Teme'im and others are Tehorim, the Tehorim do
the Avodah. However, if all of the Kohanim of the Beis Av (the group of
Kohanim whose day it is to do the Avodah) are Teme'im, there is a dispute as
to whether the Korbanos are offered b'Tum'ah. One opinion holds that the
Torah entirely cancelled the prohibitions against Tum'ah with regard to
Korbenos Tzibur ("Hutrah"); therefore the Kohanim who are Temei'im may
perform the Avodah. Others rule that Kohanim from other Batei Avos who are
Tehorim should be sought to do the Avodah, since only with reluctance did
the Torah permit offering Korbenos Tzibur b'Tum'ah ("Dechuyah"). The
prohibitions of Tum'ah are only pushed aside in the event of great
necessity.
6) [line 16] EIMA L'VA'ALEI MUMIN TEHORIN SHEB'OSO MISHMAR - say that the
meat and hide of the Korban is given to the Kohanim of that Mishmar (see
Background to Bava Kama 109:7) who are Ba'alei Mum (see Background to Bava
Kama 109:16). While a Kohen who is a Ba'al Mum may not perform the Avodah
and offer the Korban, if he is Tahor he may eat its meat.
7) [line 18] KOHEN GADOL ONEN - a Kohen Gadol who is an Onen
ANINUS - The Halachic status of a mourner immediately after a close
relative's death)
(a) A person is called an Onen mid'Oraisa on the day of death of one of his
seven closest relatives for whom he is required to arrange for burial (i.e.
father, mother, brother, sister, son, daughter and wife). Chazal (Zevachim
101a) learn the Halachah of Aninus from the verse, "v'Achalti Chatas ha'Yom,
ha'Yitav b'Einei HaSh-m?" (Vayikra 10:19). Among the Halachos that apply to
an Onen is that a Kohen Onen is prohibited from doing the Avodah in the Beis
ha'Mikdash unless he is the Kohen Gadol (Vayikra 10:7, 21:1-4). Moreover, an
Onen (even the Kohen Gadol) may not eat Kodshim, Terumah and Ma'aser Sheni.
(b) Besides the prohibition against an Onen performing the Avodah, eating
Kodshim, etc. *mid'Oraisa*, the Rabanan extended the prohibitions even after
Aninus mid'Oraisa has passed. However, the Tana'im and Rishonim argue as to
the nature of this Gezeirah. They also argue as to whether Aninus mid'Oraisa
always applies for the entire day or for part of the day in certain cases.
With regard to these questions, Aninus may be broken into five time periods,
as follows:
1. The day of death, before burial - according to all opinions Aninus
mid'Oraisa applies, as above.
2. The day of death, after burial - according to Rashi (Pesachim 90b DH
ha'Onen, Zevachim 15b DH Onen) only Aninus mid'Rabanan applies. According to
the Ramban (Toras ha'Adam) Aninus mid'Oraisa still applies.
3. The night after the day of death (according to Rashi in #2, before
burial; according to Ramban in #2, even after burial) - the Tana'im argue if
the Aninus is mid'Oraisa or mid'Rabanan (Zevachim 99b). Most of the Rishonim
rule that the Aninus is not mid'Oraisa but rather mid'Rabanan.
4. The days after the day of death, even if the body has not been buried -
Aninus only applies mid'Rabanan (Zevachim 100b) until the end of the day of
burial. Also on the day of "Likut Atzamos" (when the remains of one of the
close relatives are exhumed and re-buried elsewhere), the Rabanan decreed
that the person is an Onen for that entire day.
5. The night after the day of burial - the Tana'im (Zevachim 100b) argue
whether the person is an Onen mid'Rabanan or not at all, and the Halachah
follows the opinion that he is not an Onen at all.
8) [line 24] HA'GOZEL ES HA'GER (GEZEL HA'GER)
If someone (a) steals from a Ger who has no descendants (and therefore no
legal relatives) and (b) swears falsely to the Ger denying the theft, then
(c) later, after the Ger dies, admits to the theft, he must bring a Korban
Asham, give to the Kohanim the value of the stolen object and add a fifth
(see Bamidbar 5:8).
9) [line 30] YIR'EH AD SHE'YISTA'EV (ASHAM SHE'MESU BE'ALAV) - it should
graze until it becomes blemished
(a) An Asham that is in one of the 5 categories for which a Chatas is put to
death (see (b) below) is put out to pasture until it develops a Mum, after
which it is redeemed. Its value is used to purchase an Olas Nedavah for the
Tzibur.
(b) There are five Chata'os that are put to death (Chamesh Chata'os Mesos)
by locking them up without food until they die:
1. The offspring of a Chatas
2. The Temurah (see Background to Yoma 50:10) of a Chatas
3. A Chatas, the owner of which has died
4. A Chatas of a sheep or goat that became a year old (and is therefore
invalid as a Korban Chatas), the owner of which brought a different Chatas
to atone for his sins
5. A Chatas that was lost and was later found with a Mum, the owner of which
brought a different Chatas to atone for his sins (Temurah 21b)
10) [line 31] V'YIPLU DAMAV LI'NEDAVAH (KAYITZ HA'MIZBE'ACH) - and its money
(received in return for its sale) should be used for a Nedavah
(a) In many places the Gemara states that when certain items are sold (e.g.
Kodshim that become unfit to offer on the Mizbe'ach) their value is
designated as a Nedavah ("v'Yiplu Demeihem l'Nedavah"), a contribution
towards a Korban. This money was used to purchase Korbenos Tzibur (offerings
brought by the entire people) and not Korbenos Yachid (personal Korbanos). A
person may also volunteer money as a Nidvas Tzibur. In both cases, the money
was placed in one of the six Shofaros (boxes) that were kept in the Mikdash
and was used to buy Korbenos "Kayitz ha'Mizbe'ach" to be sacrificed as
Korbenos Olah (burnt offerings) when the Mizbe'ach was not otherwise in use
(Shekalim 6b).
(b) (Rashi to Sukah 56a DH Kayitz explains that these offerings were also
called "Kayitz," because they were like a "dessert" [Kayitz = cut figs, a
common dessert food] to the Mizbe'ach.)
11) [line 34] YEHOYARIV / YEDAYAH - the family names of two of the 24
Mishmaros of Kohanim. The 24 Mishmaros, as listed in Divrei ha'Yamim I
24:7-18, are:
1. YEHOYARIV
2. YEDAYAH
3. CHARIM
4. SE'ORIM
5. MALKIYAH
6. MIYAMIN
7. HAKOTZ
8. AVIYAH
9. YESHU'A
10. SHECHANYAHU
11. ELYASHIV
12. YAKIM
13. CHUPAH
14. YESHEV'AV
15. BILGAH
16. IMER
17. CHEZIR
18. HAPITZETZ
19. PESACHYAH
20. YECHEZKEL
21. YACHIN
22. GAMUL
23. DELAYAHU
24. MA'AZYAHU
12) [line 37] GEZEILO - the stolen item (or its monetary value) [that must
be given to the Kohanim when the original owner was a Ger who died with no
heirs; see above, entry #8]
13) [line 48] MAMON HA'MISHTALEM B'ROSH - money that is paid back without
the addition of Kefel
110b---------------------------------------110b
13) [line 7] MAHU SHE'YECHALKU GEZEL HA'GER KENEGED GEZEL HA'GER? - what is
the law with regard to dividing up [among the Kohanim] one item stolen from
a Ger against another item stolen from a Ger? (Can they divide up the items
themselves, or must each Kohen receive a share of each item?)
14) [line 9] EIN CHOLKIN ASHAM KENEGED ASHAM - the flesh of one Asham cannot
be divided against the flesh of another Asham (rather, each Asham must be
divided equally among all of the Kohanim in the Mishmar)
15) [line 18] HAINU HAI D'YARSEI MORIS - this item that was bequeathed to
him is the same item that he is inheriting
16) [line 26] MA'ASER (MA'ASER BEHEMAH)
(a) Every year, a person must collect all of the kosher animals that were
born during that year into a corral. As they leave the corral through a
narrow opening, one by one, the owner counts them and marks every tenth one
as Ma'aser Behemah. The Mitzvah of Ma'aser Behemah is stated in Vayikra
(27:32), "v'Chol Ma'asar Bakar va'Tzon, Kol Asher Ya'avor Tachas ha'Shavet,
ha'Asiri Yiheyeh Kodesh la'Sh-m." - "And all of the herds and flocks shall
be tithed as they are counted under the rod, every tenth one being
consecrated to HaSh-m."
(b) Ma'aser Behemah is eaten by its owner. If it has no Mum (blemish or
defect), it is offered as a Korban on the Mizbe'ach and eaten by its owner
in Yerushalayim. If it has a Mum, the owner may slaughter and eat it
anywhere.
17) [line 27] KANU BI'TEFISAS HA'BAYIS - they acquired/owned them by their
being part of the inherited estate
18) [line 30] MATENOS KEHUNAH - any of the 24 priestly gifts which a person
must give to a Kohen. The Gemara soon will list all 24, dividing them into
categories of where they must be given -- in the Beis ha'Mikdash, in
Yerushalayim, or in all parts of Eretz Yisrael. See below, entry #22.
19) [line 31] KELAL U'FRAT U'CHELAL
(a) In the Introduction to the Sifra (the Halachic Midrash to Vayikra),
Rebbi Yishmael, who is Doresh Kelalei and Peratei (see Background to
Kidushin 21:15), lists thirteen methods that Chazal use for extracting the
Halachah from the verses of the Torah. One of them is Kelal u'Frat u'Chelal
Iy Atah Dan Ela k'Ein ha'Perat.
(b) When a Kelal (general term) is followed by a Perat (specification),
which is followed in turn by another Kelal, then everything belonging to the
general category that is similar to the Perat is included. Anything that is
not in the *general category* of the limiting Perat is not included.
(c) Our Gemara is teaching that one who fulfills the Mitzvah of giving the
Matenos Kehunah to Kohanim is considered to have fulfilled the entire Torah,
which was given to be expounded through "Kelal u'Frat u'Chelal."
20) [line 31] BRIS MELACH - an everlasting covenant (similar to salt which
does not spoil and is used as a preservative for food)
21) [line 32] KOL HA'MEKAIMAN... - when one gives the gifts of Kehunah, it
is considered as if he has kept all the laws of the Torah, which we were
told to observe in a general statement followed by specific statements, and
as if he offered all the sacrifices, through which Hashem sealed with us an
everlasting covenant.
22) [line 34] GEVULIM - all of Eretz Yisrael to the exclusion of the Beis
ha'Mikdash
23) [line 35] V'ELU HEN - these are the 24 Matenos Kehunah:
1] [line 34] CHATAS BEHEMAH
If a person commits a sin b'Shogeg (unintentionally) for which he would be
Chayav Kares if he would have committed it b'Mezid (intentionally), he must
bring a Korban Chatas. He brings a female goat or female sheep as his Korban
Chatas. Since it is one of the Kodshei Kodashim (the highest sanctity of
sacrifices), it may be slaughtered only in the northern part of the Azarah.
Before its slaughter, the owner presses his hands on the head of the animal
(Semichah) and confesses his sin.
(b) The offering of the Chatas Behemah consists of five procedures:
Shechitah, Kabalas ha'Dam, Holachah, Nesinas ha'Dam, and Haktaras ha'Eimurim
(see Background to Sotah 32:25b for detailed descriptions of these
procedures).
(c) The Kohanim eat the rest of the Chatas Behemah in the Azarah.
2] [line 34] CHATAS HA'OF
(a) The offering of the Chatas ha'Of (which is brought by a Yoledes and
Metzora who are poor, by a Zav and Zavah, by one who was Nishba l'Sheker,
and by one who transgressed Shevu'as ha'Edus, and Metamei Mikdash
v'Kodashav) consists of three procedures (see, for example, Vayikra 5:8-9):
Melikah, Hazayah, and Mitzuy (see Background to Kidushin 36:24 for detailed
descriptions).
(b) The Chatas ha'Of is eaten by the Kohanim, in the Azarah, on the day that
it is offered and the following night. No part of it was burned on the
Mizbe'ach.
3] [line 35] ASHAM VADAI
The Torah specifies five cases where the Korban Asham Vadai is brought. The
animal offered is usually a ram that costs at least two Sela'im. The first
three involve transgressions:
(a) ASHAM ME'ILOS: a person who has benefit from Hekdesh b'Shogeg must bring
a Korban Asham, besides paying the amount he benefited plus a fine of
Chomesh (Vayikra 5:14-16; see Background to Kidushin 55:5a).
(b) ASHAM GEZEILOS: a person who steals money from a fellow Jew, swears in
Beis Din that he holds no such money and later admits his sin, must return
what he stole, pay a fine of Chomesh, and bring a Korban Asham to receive
atonement (Vayikra 5:20-26).
(c) ASHAM SHIFCHAH CHARUFAH: a person who has relations with a Shifchah
Charufah (e.g. a slave who was owned by two partners, and freed by one of
them, who is betrothed to a Jewish slave) must bring a Korban Asham, whether
he did the sin b'Mezid or b'Shogeg (Vayikra 19:20-22; see Background to
Kidushin 23:11b).
(d) ASHAM NAZIR: this Korban (a sheep within its first year) is brought by a
Nazir who becomes Tamei during his period of Nezirus (Bamidbar 6:12; see
Background to Nazir 60:2).
(e) ASHAM METZORA: this Korban (a sheep within its first year) is brought by
a Metzora upon the completion of his Taharah process (Vayikra 14:12; see
Background to Kidushin 35:24).
(c) ASHAM TALUY - If a person is in doubt whether or not he committed a
transgression for which one must bring a Korban Chatas, he temporarily
brings a Korban Asham Taluy, which is a ram worth two Sela'im (Vayikra
5:17-19). If he later discovers that he did indeed sin, he must offer a
Korban Chatas; the Asham Taluy only provides temporary atonement during the
period of doubt (see Background to Nazir 23:2b).
4] [line 35] ASHAM TALUY
(a) If a person is in doubt whether or not he committed a transgression for
which he must bring a Korban Chatas, he temporarily brings a Korban Asham
Taluy, which is a ram worth two Sela'im (Vayikra 5:17-19). If he later
discovers that he did indeed sin, he must offer a Korban Chatas; the Asham
Taluy only provides temporary atonement during the period of doubt.
(b) Certain Tana'im, including Isi ben Yehudah, rule that a person is only
obligated to bring an Asham Taluy if there are "two pieces, one of which was
eaten" (Chatichah mi'Shtei Chatichos). For example, if a person ate one out
of two pieces of fat, where one was Shuman (permitted fat) and the other was
Chelev (forbidden fat), and he later found out that he may have eaten the
forbidden piece, he has to bring an Asham Taluy. If he has a doubt whether
one piece of fat that he ate was Shuman or Chelev, he does not bring an
Asham Taluy. Other Tana'im, including Rebbi Akiva, rule that even in the
latter case he brings an Asham Taluy.
5] [line 35] ZIVCHEI SHALMEI TZIBUR (KIVSEI ATZERES)
The Torah commands to bring a Minchah offering on Shavuos called the Shtei
ha'Lechem (Vayikra 23:16-17). Besides Korbenos Olah, two sheep that are
Zivchei Shelamim are to be offered in conjunction with the Shtei ha'Lechem
(ibid. 23:19). (These sheep were the only Shelamim brought by the Tzibur,
and the only Shelamim that were Kodshei Kodashim.)
6] [line 35] LOG SHEMEN SHEL METZORA (TAHARAS NEGA'IM)
(a) THE PROCESS BY WHICH A METZORA BECOMES TAHOR - 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 new 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 waits seven days (Yemei
Sefiro), and on the seventh day he once again shaves and immerses. He is
then completely Tahor but is still a Mechusar Kaparah (see Background to
Nedarim 35:9).
(c) On the eighth day, the Metzora must bring Korbanos to complete his
Taharah. The animals 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 38). 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 Kodashim). (RAMBAM Hilchos Mechusarei Kaparah 4:2-3)
7] [line 36] MOSAR HA'OMER (OMER)
(a) There is a Mitzvah to bring the Korban ha'Omer on the second day of
Pesach. A large quantity of barley is reaped after nightfall after the first
day of Pesach. At this time the grain is still moist, and the process of
extracting one Omer (approximately 2.2, 2.5 or 4.3 liters, depending upon
the differing Halachic opinions) of barley flour is extremely difficult. The
flour is baked and offered as a Korban Minchah on the 16th of Nisan. It is
also referred to as the Minchas Bikurim -- Vayikra 2:14-16).
(b) In addition, a lamb is offered as an Olah, as it states in Vayikra
23:12.
(c) The Korban ha'Omer is the first offering of the new grain of the year
(Chadash), and as such it removes the prohibition against eating from the
new grain.
8] [line 36] SHTEI HA'LECHEM
(a) The Shtei ha'Lechem is an offering of two loaves of bread (that are
Chametz) that is brought on Shavuos. It is baked from the newly grown wheat
(Vayikra 23:17). One loaf is given to the Kohen Gadol and the other is
divided among the rest of the Kohanim in the Mikdash at the time. They are
eaten on the day of Shavuos and the night afterwards, until midnight (RAMBAM
Hilchos Temidin u'Musafin 8:11).
(b) Afterwards, all new wheat is permitted to be used for Menachos.
9] [line 36] LECHEM HA'PANIM
The Lechem ha'Panim (Showbread) is an offering of 12 loaves (that are
Matzah), which are arranged in two Sedarim (stacks), six loaves to each
Seder, on the Golden Table of the Mishkan or Beis ha'Mikdash. Fresh loaves
were arranged on the Table every Shabbos and are left there until the
following Shabbos. The Kohanim eat the loaves that are removed (Vayikra
24:5-9).
10] [line 36] SHEYAREI MENACHOS
(a) When an individual who is not a Kohen offers a Korban Minchah (flour
offering), a Kohen must take off a Kometz (handful), which is burned upon
the Mizbe'ach.
(b) A Kometz is the amount that can be held by the middle three fingers when
they are pressed upon the palm. The Kohen puts his hand in the dough or
baked goods and removes one handful. The excess of dough or baked goods that
sticks out is then wiped off by the thumb and the smallest finger until only
the Kometz remains.
(c) The remainder of the Minchah (the Sheyarei ha'Minchah) is eaten by male
Kohanim.
(d) A Minchah that is brought by the Tzibur and a Minchah offered by a Kohen
are entirely burned on the Mizbe'ach
11] [line 37] BECHORAH (BECHOR BEHEMAH TEHORAH)
(a) The Kedushah of Bechor rests on every first-born male of an ox, goat or
sheep when it comes out of its mother's womb. Nevertheless, there is a
Mitzvah for a person to sanctify it himself (Erchin 29a, based on Devarim
15:19). He must then give it to a Kohen; it may not be redeemed.
(b) If the animal has no Mum (blemish), the Kohen must bring it as a Korban
during its first year. After its blood and Emurim (see Background to Yevamos
7:8 and 100:9) are offered on the Mizbe'ach, its meat is eaten in
Yerushalayim during the following two days and the intervening night. If the
animal has or develops a Mum, it must be slaughtered and eaten during its
first year. If it developed a Mum after the first year, it must be
slaughtered and eaten within thirty days. The Kohen can give it away or sell
it, even to a non-Kohen. However, it may not be sold in a meat market or
weighed in the usual manner. It may not be redeemed with money.
12] [line 37] BIKURIM
(a) The Mitzvah of Bikurim consists of bringing the first fruits to emerge
in one's field every year to the Beis ha'Mikdash. The verse states, "v'Hayah
Ki Savo El ha'Aretz... vi'Rishtah v'Yashavta Bah... v'Lakachta me'Reishis
Kol Pri ha'Adamah..." - "And it shall be that when you come to the
land...and you inherit it and you settle in it. You shall take of the first
fruits of the land..." (Devarim 226:1-2). Each farmer enters the Azarah
(courtyard) of the Beis ha'Mikdash with his Bikurim fruit in a decorative
basket. While the basket is on his shoulder, he recites the *Mikra Bikurim*,
specific verses from Devarim (26:3, 5-10) thanking HaSh-m for taking us out
of Egypt and giving us the land of Yisrael. He then places the basket of
fruit at the base of the southwestern corner of the Mizbe'ach (RAMBAM
Hilchos Bikurim 3:12) and bows down before HaSh-m. Afterwards, he gives the
Bikurim to a Kohen (Mishnah Bikurim 3:8, RAMBAM ibid. 3:1).
(b) The Mitzvah of Bikurim applies only to the seven species with which the
land of Eretz Yisrael was blessed (Devarim 8:8) -- wheat, barley, grapes,
figs, pomegranates, olives and dates (Bikurim 1:3, RAMBAM ibid. 2:2).
(c) Kohanim eat the Bikurim within the walls of Yerushalayim. If a person
eats them outside of Yerushalayim after the Bikurim have entered
Yerushalayim (according to the Rambam, or after the Bikurim have entered the
Azarah according to Rashi in Makos 18b), he receives Malkos. They must be
brought back into Yerushalayim and eaten there.
13] [line 37] HA'MURAM MIN HA'TODAH V'EIL NAZIR (TODAH/LACHMAH, NAZIR)
TODAH/LACHMAH
(a) The Todah (thanksgiving offering) is a form of Shelamim that is eaten
for only one day and one night (Vayikra 7:15). Korbenos Shelamim that are
offered by an individual may be brought from male or female sheep, cows or
goats. They are Kodshim Kalim, and may therefore be slaughtered in the
entire Azarah (and not only in its northern part). Before its slaughter, the
owner presses his hands on the head of the animal (Semichah). The blood of
the Shelamim is cast on the northeastern and southwestern corners of the
Mizbe'ach (Shenayim she'Hen Arba). Nesachim (a meal offering consisting of
flour and oil and a wine libation) are brought as part of the Korban
(Bamidbar 15:3-12). The meal offering is completely burned on the Mizbe'ach
and the wine is poured into one of the Sefalim (the silver libation pipes
located at the top of the southwest corner of the Mizbe'ach) (RAMBAM and
RA'AVAD Hilchos Ma'aseh ha'Korbanos 2:1). The amount of flour, oil and wine
needed depends upon the animal offered, as specified in Bamidbar ibid.
(b) An animal that was sacrificed as a Todah was brought together with forty
loaves of bread, ten each of the following:
(1) Chalos Matzos - Matzos mixed with oil;
(2) Rekikin - flat Matzos saturated with oil;
(3) Soles Murbeches - Matzos made of boiled flour mixed with oil;
(4) Loaves of leavened bread. (Vayikra 7:12-13)
(c) One loaf of each type of bread was given to the Kohen who performed the
Zerikas ha'Dam of the Todah (Vayikra 7:14). (These four loaves were known as
*Terumas Lachmei Todah*.) The Chazeh (breast) and Shok (thigh) of the
Shelamim were given to the Kohen (Vayikra 7:34). Certain fats and other
parts of the Korban were offered on the Mizbe'ach (Vayikra 3:3-4, 9-10,
14-15). The owner and his guests (men or women) eat the rest of the Korban
inside the borders of the city of Yerushalayim. The meat may be cooked in
any fashion and is eaten on the day that it is slaughtered and the following
night.
NAZIR
(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 Malkos, as long as he was warned beforehand.
(b) 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). (SEFER HA'CHINUCH #377)
(c) Like the parts of the Korban Todah that are given to the Kohen, the Nazi
r must give parts of his Korban Shelamim to the Kohen.
14] [line 37] OROS KODASHIM
The hides of Korbenos Olah, Chatas, and Asham are given to the Kohen. (In
contrast, the hides of Kodshim Kalim, such as Korbenos Shelamim, belong to
the owners of the Korban.
15] [line 38] TERUMAH
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to
the owner's house or yard, he must separate Terumah Gedolah from the crop
and give it to a Kohen. Although the Torah does not specify the amount to be
given, the Rabanan set the requirement at one fiftieth of the total crop.
After Terumah is removed from the produce, one tenth of the produce that
remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi,
in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser,
to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been removed, and
it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei
Shamayim.
16] TERUMAS MA'ASER - see previous entry
17] [line 38] CHALAH
(a) Whenever a person kneads a large dough made from one of the five species
of grain (wheat, barley, oats, rye or spelt), he must separate a small
portion to be given to the Kohen before eating from the dough. This portion
is called Chalah (Bamidbar 15:18-20). A baker must separate 1/48 of his
dough as Chalah, while a normal homeowner must separate 1/24. If a person
did not separate Chalah from the dough before it was baked, it must be
separated after it is baked before the baked product can be eaten. Before
Chalah is separated, the dough is called "Tavul l'Chalah," and anyone who
eats it b'Mezid (intentionally) is liable to the punishments of Malkos and
Misah b'Ydei Shamayim (Makos 13a).
(b) Chalah has the Halachos of Terumah, and it must be eaten by Kohanim,
their wives and children, while they are Tehorim. A non-Kohen who eats
Chalah b'Mezid is liable to Malkos and Misah b'Ydei Shamayim (RAMBAM Hilchos
Bikurim 5:14 and Hilchos Terumah 6:6).
18] [line 38] REISHIS HA'GEZ
(a) Every time a flock of sheep are shorn, it is a a Mitzvas Aseh to give
the first shearings to a Kohen, as stated in Devarim (18:4) "v'Reishis Gez
Tzoncha Titen Lo." Although the Mishnah (Chulin 135a) states that this
Mishnah applies both in Eretz Yisrael and in Chutz la'Aretz, the Halachah
follows the ruling of Rebbi Oshiya (22a) who rules that the Mitzvah applies
only in Eretz Yisrael. (Rambam Hilchos Bikurim ch. 10)
(b) The owner is obligated to give the first shearings to the Kohen only
when a minimum amount of fleece is shorn from a minimum number of sheep. The
minimum number of sheep is two according to Beis Shamai, and five according
to Beis Hillel. The Halachah follows Beis Hillel (Chulin 135a).
The minimum amount of fleece that must be shorn from each of the five sheep
is the amount of fleece that weighs a Maneh and a half (a "Maneh u'Pheras;"
a Maneh is one hundred silver Dinars, each one of which occupies the volume
of 96 grains of barley (Kidushin 12a)), according to Rebbi Dosa ben Harkinas
(ibid.), or the weight of twelve Sela according to the Rabanan, or a total
of 60 Sela (ibid., according to Shmuel; this opinion is the Halachah).
(c) One must give one-sixtieth of all of the shearings, whether it is a lot
or a little (as long as it fulfills the minimum required amount, as
mentioned above). When one gives the wool to the Kohanim, he must not give
less than the weight of five Shekels of wool to each Kohen, which is the
amount that suffices to make a belt (Chulin 138a).
19] [line 38] MATANOS (ZERO'A LECHAYAYIM V'KEIVAH)
(a) Whenever a person slaughters an ox, sheep or goat (that is not Kodesh),
he must give to a Kohen the Zero'a, Lechayayim and Keivah (the foreleg, the
[lower] jaw, and the maw or abomasum [the last of a cow's four stomachs]
(Devarim 18:3). 1. The ZERO'A consists of the two upper limbs of the right
foreleg, from the knee until the top of the shoulder blade; 2. The
LECHAYAYIM consists of the lower jaw, from the joint where it is attached to
the upper jaw until the thyroid cartilage, including the tongue; 3. The
KEIVAH consists of the maw together with its Chelev, but the Minhag of the
Kohanim is to let the animal's owner keep the Chelev.
(b) Although one must give the Zero'a, Lechayayim and Keivah to a Kohen,
they may be eaten by a non-Kohen.
20] [line 38] PIDYON HA'BEN - the redemption of the firstborn son
(a) The Torah requires that every Yisrael sanctify the firstborn male of his
children, Kosher animals and donkeys, as it is written, "Kadesh Li Kol
Bechor, Peter Kol Rechem bi'Vnei Yisrael, ba'Adam uva'Behemah; Li Hu." -
"Sanctify to Me every first-born that initiates the womb among the children
of Yisrael, among both man and beast; it is Mine." (Shemos 13:2)
(b) The Mitzvah of Pidyon ha'Ben applies to a Yisrael and not to a Kohen or
a Levi. The first male born to a *mother* (who is the daughter of a Yisrael)
must be redeemed by his father (as stated in Shemos 13:13, "v'Chol Bechor
Adam b'Vanecha Tifdeh."
(c) The Bechor must be redeemed when he is one month old by giving five
silver Shekalim of Kodesh (each of which weighs 19.2 or 17 grams; see Midos
v'Shi'urei Torah, C. P. Benish, Benei Brak, 5760, pp. 487-488) to a Kohen as
stated in Bamidbar (18:16). This applies only if the son was the first issue
(i.e. he was not preceded by a Nefel -- stillborn) and was delivered through
the womb (i.e. he was not delivered by Caesarian section). (Sefer ha'Chinuch
#392)
21] [line 39] PIDYON PETER CHAMOR
(a) There is a Mitzvah to redeem each firstborn male donkey, as the verse
states, "v'Hayah Ki Yevi'acha HaSh-m El Eretz ha'Kena'ani...v'Chol *Peter
Chamor* Tifdeh v'Seh, v'Im Lo Sifdeh va'Arafto" - "And it shall come to pass
that when HaSh-m brings you to the land of the Kena'ani... And every
*firstborn donkey* must be redeemed with a sheep [that is given to a Kohen].
If it is not redeemed, you must decapitate it" (Shemos 13:11-13).
(b) The Kedushah of Bechor rests on every first-born male of an ox, goat or
sheep when it comes out of its mother's womb. Nevertheless, there is a
Mitzvah for a person to sanctify it himself (Erchin 29a, based on Devarim
15:19). He must then give it to a Kohen; it may not be redeemed.
22] [line 39] SEDEH ACHUZAH - see Background to Bava Kama 109:11
23] [line 39] SEDEH CHARAMIM - see Background to Bava Kama 109:13
24] [line 39] GEZEL HA'GER - see above, entry #8
24) [line 41] KESEF MECHAPER MECHETZAH - the fulfillment of one's obligation
to give money (to the Kohanim when one must atone for his sin of stealing
from a Ger) atones for him partially
25) [line 42] CHATAS SHE'MESU BE'ALAV - see above, entry #9b
26) [line 43] LO AFRESHAH - he did not separate it (designating it to be a
Korban)
27) [line 44] HILCHESA GEMIRI LAH - we know it from the tradition that Moshe
received on Mount Sinai, i.e. it is a Halachah l'Moshe mi'Sinai
28) [line 45] KOL SHEB'CHATAS MESAH B'ASHAM RO'EH - see above, entry #9
29) [line 46] YEVAMAH (YIBUM)
(a) If a married man dies childless and has brothers who survive him, his
widow or widows may not remarry until one of her husband's paternal brothers
performs Yibum (levirate marriage) or Chalitzah (levirate release) with one
of them, as it states in Devarim 25:5-10. Chazal learn from the verses that
if there are a number of brothers, there is a preference for the oldest
brother to perform Yibum or Chalitzah (Yevamos 24a). If the conditions for
the Mitzvah of Yibum do not exist, marital relations between a man and his
brother's wife are prohibited and make them liable to the punishment of
Kares.
(b) Yibum is a type of marriage. Unlike ordinary Kidushin, though, it can be
accomplished only through Bi'ah and not through Kesef or Shtar (see
Background to Kidushin 2:1:II:b). Nevertheless, the Rabanan instituted that
one should precede Yibum with an act similar to Kidushei Kesef or Shtar,
which is known as Ma'amar (see Background to Nedarim 74:4). The Bi'ah must
be performed with the intention of fulfilling the Mitzvah.
30) [line 46] MUKEH SHECHIN - a man afflicted with boils (or leprosy)
31) [last line] D'ADA'ATA D'HACHI LO KIDSHAH ATZMAH - for she did not
consent to be betrothed with this intention (that is, had she known that she
would have to do Yibum with a Mukeh Shechin, she would not have accepted the
Kidushin from her husband)
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