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Chulin 136
CHULIN 136 - A Daf has been dedicated by Rabbi and Mrs. Yacov Lipschutz
and family of Monsey NY in memory of Rabbi Lipschutz's parents, Yehoshua
Heshel ben Yitzchak (Yahrzeit: 26 Iyar) and Leah bas Rivka (Yarhzeit: 29
Iyar), and towards the full recovery of Yehoshua Heshel ben Ayeleth.
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*********************GIRSA SECTION*********************
We recommend using the textual changes suggested by the Bach and the
marginal notes of the Vilna Shas. This section is devoted to any *OTHER*
important corrections that Acharonim have pointed out in the Gemara, Rashi
and Tosfos
[1] Gemara 136a [line 5]:
The words "*Ika* l'Meimar"
should be "*v'Ika* l'Meimar"
[2] Tosfos 136b Lifnei:
The words "Mah she'Ein Ken be'Ma'aser, she'Bitlu"
should be "Mah she'Ein Ken be'Ma'aser, she'Bitlu *Oso*" (Tosfos ha'Rosh)
[3] Tosfos ibid.:
The words "she'Ma'aser *Mekudash*"
should be "she'Ma'aser *Mekadesh*"
*******************************************************
1) [line 1] DERECH BI'ASCHA - the way that you normally enter a house; i.e.
the Mezuzah must be placed on the doorpost that is on the right as one
enters the house, since one normally puts his right foot forward when
starting to walk (see Background to Chulin 135:31)
2) [line 1] MA'ASER
See Background to Chulin 131:9:a-e.
3) [line 3] "MA'ASROSEICHEM" - "[And there you shall bring your burnt
offerings, and your sacrifices, and] your tithes, [and offerings of your
hand, and your vows, and your freewill offerings, and the firstlings of your
herds and of your flocks.]" (Devarim 12:6)
4) [line 4] MATANOS
See Background to Chulin 134:29
5) [line 12] HA'DIN IM HA'TABACH - the [Kohen's] claim is with the butcher
(even if the animal belongs to someone else)
6) [line 13] BIKURIM
See Background to Chulin 131:10.
7) [line 14] "BIKUREI KOL ASHER B'ARTZAM" - "[And] whatever is first ripe in
their land, [which they shall bring to HaSh-m, shall be yours; everyone who
is ritually pure in your house shall eat of it.]" (Bamidbar 18:13)
8) [line 14] TZITZIS
(a) There is a Mitzvah to wear Tzitzis (fringes) on four-cornered garments,
as it states in the Torah (Devarim 22:12). Beis Shamai and Beis Hillel argue
(Menachos 41b) whether one must double over three strings through each hole
of the garment (Beis Hillel), or whether one must double over four strings
(Beis Shamai).
(b) Techeles is a greenish-blue dye used to dye some of the woolen strings
used for Tzitzis. The dye is obtained from the Chilazon, possibly the
underwater snail murex trunculus (see Dafyomi Advancement Forum to Maseches
Menachos, Special Techeles Section or Insights to Menachos 44:1). The "Pesil
Techeles" - the "string of Techeles" (Bamidbar 15:38) is the most important
part of a four-cornered garment since through it one is able to completely
fulfill the Mitzvah of Tzitzis mid'Oraisa. The exact process for obtaining
the Techeles dye is not known today (see Insights ibid.).
9) [line 17] MA'AKEH - a guardrail
The Torah commands that a guardrail that is at least ten Tefachim high be
built around the roof of one's home (or balcony) in order to prevent
calamities. The guardrail must be strong enough to support the weight of a
person who is leaning on it. Additionally, from the words "v'Lo Sasim Damim
b'Veisecha," it is learned that one may not allow any dangerous situation to
remain in one's house. A person may not leave an uncovered pit in his
courtyard, or leave a weak ladder in his house. If he owns a bad-tempered
dog, he also transgresses this Lav. (SEFER HA'CHINUCH #547)
10) [line 33] TERUMAH CHAYAVIM ALEHA MISAH V'CHOMESH (TASHLUMEI TERUMAH)
(a) After a crop is harvested and brought to the owner's house or yard, the
owner must separate Terumah from the crop, which he gives to a Kohen.
Kohanim and members of their households are allowed to eat Terumah, as long
as they are Tehorim.
(b) If a non-Kohen eats Terumah without knowing that it is Terumah, he must
replace what he ate in the form of a food that becomes Terumah (Tashlumei
Terumah). He returns the amount of Terumah that he ate to the Kohen who
owned the Terumah (see Insights to Pesachim 32:1). In addition, he is fined
another Chomesh (fifth) of the ensuing total (i.e. a quarter of the value of
what he ate). This Chomesh may be paid to any Kohen (Terumos 6:2), and is
not necessarily given to the Kohen who owned the Terumah that was eaten.
(c) If the person ate Terumah in an abnormal fashion, such as by drinking
olive oil, he only pays the value of the Terumah that was destroyed (i.e.
the normal Halachah of damages applies to him and not the laws of Tashlumei
Terumah).
(d) A non-Kohen who eats or benefits from Terumah b'Mezid (intentionally)
pays the value of the Terumah destroyed (i.e. the normal Halachah of damages
applies to him, and not Tashlumei Terumah), and incurs the punishment of
Misah b'Yedei Shamayim (according to the Beraisa brought in the Gemara
(Sanhedrin 83a). According to Rav (Sanhedrin 83b) -- he is punished with
lashes).
*11*) [line 33] AF REISHIS HA'GEZ CHAYAVIM ALAV MISAH V'CHOMESH - that is,
even though Chomesh is paid only for *eating* Terumah, and the wool of
Reishis ha'Gez cannot be eaten, benefiting from the wool is equivalent to ea
ting it, since it is not edible (TOSFOS DH Iy)
12) [line 34] "U'MESU VO" - "[They shall therefore keep My ordinance, lest
they bear sin for it,] and die therefore, [if they profane it; I, HaSh-m, do
sanctify them.]" (Vayikra 22:9)
13) [line 34] "V'YASAF ALAV" - "[And if a man eats of Terumah (lit. the holy
thing) unwittingly, then] he shall add its fifth part to it, [and shall give
the Terumah to the Kohen.]" (Vayikra 22:14)
14) [line 35] RISHON V'SHENI ACHAREHA - (lit. a first and a second after it)
the laws of Terumos and Ma'asros include different types of Ma'asros,
including Ma'aser *Rishon* (the first Ma'aser) and Ma'aser *Sheni* (the
second Ma'aser), which is separated after Ma'aser Rishon (RASHI; see
Background to Chulin 131:9:a-e)
15) [line 35] AF REISHIS HA'GEZ, RISHON V'SHENI ACHAREHA - perhaps we would
expect to find a similar law with regard to Reishis ha'Gez, such that one
would separate the first shearing of his sheep and give to a Kohen, and then
separate the second shearing for a different purpose
16) [line 37] ME'CHADASH AL HA'YASHAN LO - one of the laws of Terumos and
Ma'asros is that produce from one year may not be separated to fulfill the
requirement of separating Terumos and Ma'asros from the produce of another
year
17) [line 38] SHENAYIM U'SHELOSHA SHANIM - over a period of two or three
years
136b---------------------------------------136b
18) [line 1] MI'MIN AL SHE'EINO MINO LO - one of the laws of Terumos and
Ma'asros is that one type of produce may not be separated to fulfill the
requirement of Terumos and Ma'asros for another type of produce
19) [line 14] ETZAH TOVAH - good advice for the seller, so that he should
not suffer a loss by giving Reishis ha'Gez from the superior quality wool
that he kept for himself to fulfill the requirement for the inferior quality
wool that he sold
20a) [line 15] D'RAKICH - that is soft
b) [line 15] D'ASHUN - that is tough
21) [line 18] REISHIS, SHE'SHEYAREHA NIKARIN - a first portion that leaves
behind a recognizable remainder
22) [line 25] HA'IDNA NAHUG ALMA K'HANEI TELAS SAVEI - now, the custom is
for everyone to follow the rulings of those three elders, i.e. Chachamim
23) [line 29] EIN DIVREI TORAH MEKABLIM TUM'AH - the words of Torah do not
receive Tum'ah; i.e. a person does not need to purify himself from Tum'as
Keri (see Background to Zevachim 32:21) by immersing in a Mikvah in order to
learn Torah
24) [line 32] CHARTZAN - a grape seed
25) [line 32] B'MAPOLES YAD - in one "throw of the hand," one act of
planting
26) [line 45] 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. After the blood and Eimurim (certain
fats and organs of the Korban; see Background to Menachos 74:20) are offered
on the Mizbe'ach, its meat is eaten by its owner in Yerushalayim during the
following two days and the intervening night. An animal of Ma'aser Behemah
may not be sold (Vayikra 27:33); however, if it has a Mum, the owner may
slaughter and eat it anywhere. (SEFER HA'CHINUCH #360-361)
27) [line 46] "KOL ASHER YA'AVOR TACHAS HA'SHEVET" - "all [of the herds and
flocks shall be tithed] as they are counted under the rod" (Vayikra 27:32)
28) [line 47] PERAT L'TEREIFAH SHE'EINAH OVERES - to exclude an animal that
is a Tereifah, that cannot walk
29) [line 48] ZECHARIM TEMEI'IM BI'MERUBIN ME'RECHEM ADAM PASHUT LIFNEI
HA'DIBUR - this is a mnemonic device that stands for the topics that are in
common between Reishis ha'Gez and Ma'aser Behemah, as follows:
1. *Zecharim* refers to the fact that both Reishis ha'Gez and Ma'aser
Behemah are *not* limited to male animals. The Bechor is only a male.
2. *Temei'im* refers to the fact that both Reishis ha'Gez and Ma'aser
Behemah do not apply to non-kosher animals. Bechorah also applies to
donkeys.
3. *bi'Merubin* refers to the fact that both Reishis ha'Gez and Ma'aser
Behemah only apply when a person has a number of animals. The Bechor is a
requirement even if a person only has one animal.
4. *me'Rechem* refers to the fact that both Reishis ha'Gez and Ma'aser
Behemah are not automatically sanctified upon birth. The Bechor is
automatically sanctified upon birth.
5. *Adam* refers to the fact that both Reishis ha'Gez and Ma'aser Behemah
only apply to animals and *not* to people. Bechorah also applies to
firstborn boys.
6. *Pashut* refers to the fact that both Reishis ha'Gez and Ma'aser Behemah
apply to all of an animal's offspring, not only to the firstborn. The Bechor
only applies to the firstborn.
7. *Lifnei ha'Dibur* refers to the fact that both Reishis ha'Gez and Ma'aser
Behemah did not apply before the Torah was given. The Bechorah applied even
before the Torah was given, as evidenced from the fact that the firstborn
were sanctified in Egypt.
30) [last line] YASOM SHE'LEKACHO B'SHUTFUS NESANO BIFNEI KOHEN BI'KEDUSHAH
U'MECHIRAH - this is a mnemonic device that stands for the topics that are
in common between Reishis ha'Gez and Bechor, as follows:
1. *Yasom* refers to the fact that both Reishis ha'Gez and Bechor apply to
an animal, the mother of which died at birth. Ma'aser Behemah does not apply
to a Yasom (Chulin 38b).
2. *she'Lekacho* refers to the fact that both Reishis ha'Gez and Bechor
apply even to animals that have been purchased. Ma'aser Behemah does not
apply to animals that were purchased.
3. *b'Shutfus* refers to the fact that both Reishis ha'Gez and Bechor apply
to animals that are owned by partners. Ma'aser Behemah does not apply to
animals that are owned by partners.
4. *Nesano* refers to the fact that both Reishis ha'Gez and Bechor apply to
animals that were received as gifts. Ma'aser Behemah does not apply to
animals that were received as gifts.
5. (a) *Bifnei* refers to the fact that both Reishis ha'Gez and Bechor apply
whether or not the Beis ha'Mikdash is standing. Ma'aser Behemah only applies
(mid'Rabanan) "in the presence of" ("Bifnei") the Beis ha'Mikdash (RASHI);
(b) according to the Girsa *Lifnei* - when counting the animals to separate
Ma'aser Behemah, if the ninth or eleventh animal was accidentally counted as
the tenth, it becomes Kadosh. There is no parallel to this law in the laws
of Reishis ha'Gez or Bechor (TOSFOS DH Lifnei)
6. *Kohen* refers to the fact that both Reishis ha'Gez and Bechor are gifts
that are given to a Kohen. Ma'aser Behemah is not.
7. *bi'Kedushah* refers to the fact that one does not have to be Makdish
Reishis ha'Gez and Bechor; a Bechor is Kadosh automatically upon birth, and
Reishis ha'Gez is never Kadosh. Ma'aser Behemah is sanctified by the owner,
as he marks it with a painted rod.
8. *u'Mechirah* refers to the fact that both Reishis ha'Gez and Bechor can
be sold. Ma'aser Behemah cannot.
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