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Menachos 77

MENACHOS 77 - dedicated by Rav Eli Rosengarten of Zurich, Switzerland. Mazel Tov on the occasion of the Bar Mitzvah of his grandson, Chaim Yitzchok Ozer Rosengarten. May he continue in the ways of his illustrious forebears, and grow to be outstanding in Torah and Yir'as Shamayim.

1a) [line 2] CHALOS - Matzos mixed with oil
b) [line 2] REKIKIN - flat Matzos saturated with oil
c) [line 2] REVUCHAH - Matzos made of boiled flour mixed with oil

2) [line 11] "HA'EIFAH VEHA'BAS TOCHEN ECHAD YIHEYEH, (LACHEM) LA'SEIS (ES) MA'ASAR HA'CHOMER HA'BAS, VA'ASIRIS HA'CHOMER HA'EIFAH [EL HA'CHOMER YIHEYEH MASKUNTO.]" - "The Eifah and the Bas shall be of one measure, that the Bas may contain the tenth part of a Chomer, and the Eifah the tenth part of a Chomer; [its measure shall be according to the Chomer.]" (Yechezkel 45:11)

3) [line 17] "V'CHOK HA'SHEMEN, HA'BAS HA'SHEMEN, (U')MA'ASAR HA'BAS MIN HA'KOR, ASERES HA'BATIM CHOMER, KI ASERES HA'BATIM CHOMER." - "Concerning the ordinance of oil, the Bas of oil, the Bas shall be the tenth part of a Kor, which is a Chomer of ten Batim; for ten Batim are a Chomer." (Yechezkel 45:14)

4) [line 20] EIN MOSIFIN AL HA'MIDOS YOSER MI'SHESUS - we may not increase the standard sizes of weights and measures more than one sixth

5) [line 21] HA'MISTAKER AL YISTAKER YOSER MI'SHESUS - one who makes a profit (through buying and selling) should not make more than one sixth (ONA'AH / BITUL MEKACH)
If a person makes a profit of one sixth of the total value on an item that he sells without the purchaser's knowledge, the transaction is valid, but the seller must return the profit to the purchaser. If the profit is less than one sixth, nothing is returned. If the profit is more than one sixth, the sale is invalid even if the profit is returned.

6) [line 23] AFKU'EI TAR'A - those who inflate the market price (when these sellers see that an increase has been made in the weights and measures of a certain place, they will in turn increase their prices, but by much more than the increase of the measure)

7) [line 24] ELA MISHUM ONA'AH, KI HEICHI D'LO LEHEVEI BITUL MEKACH - rather, the reason is because of the law of Ona'ah, so that the sale not be entirely annulled. Normally, if the buyer pays a sixth less than the worth of the object, the law of Ona'ah applies (see above, entry #5): the transaction is valid, and the buyer must pay the outstanding amount to the seller. Therefore, in a place where they increased the measures by a sixth, a traveling salesman who comes to town and is unaware of the increase will be paid a sixth less than what his merchandise is worth. The transaction will be valid, though, and he will just need to receive the difference in payment. If, however, they increase the measures by more than a sixth, then the salesman who comes to that place will be underpaid by more than a sixth, and the transaction will not be valid. (RASHBAM to Bava Basra 90a; see MAHARSHA there)

8) [line 25] KOL DAVAR SHEB'MIDAH VESHEB'MISHKAL VESHEB'MINYAN AFILU PACHOS MI'CHEDEI ONA'AH CHOZER - anything that [when it is sold it] is measured, weighed, or counted, even if the overpayment or underpayment is less than a sixth, either party may retract

9) [line 27] ELA MISHUM TAGRA KI HEICHI D'LO LIMATYEI DI'ANAH - in order that a [visiting] merchant not suffer a loss. A merchant is entitled to profit up to a sixth when he sells his merchandise. If the place where he is visiting increased its measures by a sixth, and he is not aware of it, the extra sixth that he charges will be offset by the extra sixth of merchandise that he gives (due to the increase of the measures of that place). Consequently, he will not profit, but he also will not suffer a loss. If, on the other hand, the measures were increased by more than a sixth, then the merchant who is unaware of the change will suffer a loss.

10) [line 29] RAVCHA LO BA'I?! - Does he not need to profit?!
11) [line 29] ZAVAN V'ZAVIN TAGRA IKREI?! - [Does] a person buy and sell [at the same price he bought, without making any profit] merely to be called a merchant?! (Rather, a person buys and sells in order to make a profit.)

12) [line 31] "VEHA'SHEKEL ESRIM GERAH, ESRIM SHEKALIM, CHAMISHAH V'ESRIM SHEKALIM, ASARAH VA'CHAMISHAH SHEKEL, HA'MANEH YIHEYEH LACHEM." - "The Shekel will be twenty Gerah. Twenty Shekels, twenty-five Shekels, and fifteen Shekels will constitute a Maneh for you." (Yechezkel 45:12) - The intention of the verse is to add the amounts listed, resulting in 60 Shekels per Maneh.

13) [line 33] MANEH, MASAN V'ARBA'IN HAVU? - Is a Maneh worth 240 Dinar? (The verse in Yechezkel describes a Maneh as consisting of sixty Shekalim. Each Shekel contains four Dinerin. However, we know that a Maneh contains 25 Shekalim, which is equal to 100 Dinerin.)

14) [line 35] MANEH SHEL KODESH KAFUL HAYAH - the Maneh used for purposes of Hekdesh was double the size of the Maneh used for ordinary purposes

15) [line 35] SHEMA MINAH: MOSIFIN AL HA'MIDOS V'EIN MOSIFIN YOSER MI'SHESUS - we learn from here that we may increase the size of measures, but we may not increase them by more than a sixth. This is derived from the fact that they added a sixth to the Maneh of Kodesh, which was originally 50 Shekalim, and made it 60 Shekalim. (The latter teaching -- that we may not increase the measures by more than a sixth -- is not actually derived from the verse in Yechezkel, but rather it is the Gemara's addition.)

16) [line 36] SHESUSA MIL'VAR - the sixth part that is added is from the resultant total; i.e. to each five portions one more portion is added, an addition of twenty percent

77b---------------------------------------77b

17) [line 1] MI'KULAM - from all of them, i.e. from the four different types of loaves of the Lachmei Todah

18) [line 2] "V'HIKRIV MIMENU ECHAD MI'KOL KORBAN" - "And he shall offer from it one of each Korban of loaves" (Vayikra 7:14)

19) [line 3] PARUS - broken
20) [line 4] SHE'YEHU KOL HA'KORBANOS SHAVOS, SHE'LO YITOL MI'KORBAN AL CHAVEIRO - (a) that all four of the types of Korbanos of loaves should be equal as to the quantity of the Terumah that is taken from them, that he shall not take a loaf from one type of Lechem as a Terumah for another type of Lechem (RASHI); (b) that all four types of Korbanos of loaves should be equal in number, i.e. ten loaves each. And [another Halachah is] that he shall not take a loaf from one type of Lechem as a Terumah for another type of Lechem (RASHI KESAV YAD)

21) [line 5] "LA'KOHEN HA'ZOREK ES DAM HA'SHELAMIM LO YIHEYEH" - "it (the four loaves of the Terumas Lachmei Todah) shall be for the Kohen who casts the blood (or who is fit to cast the blood) of the Shelamim" (Vayikra 7:14)

22) [line 7] MIN HA'MECHUBAR - (a) that all forty loaves should be in the same utensil at the time that the Terumas Lachmei Todah are removed (RASHI KESAV YAD); (b) that all forty loaves should be next to each other at the time that the Terumas Lachmei Todah are removed (but they do not need to be in the same utensil) (TOSFOS DH v'Hikriv)

23) [line 11] TERUMAS MA'ASER (MA'ASROS)
(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 separated from it. Until the Terumos have been separated, the produce is called Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim (Sanhedrin 83a).
(c) A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim. Anyone who eats Ma'aser Sheni produce outside of the walls of Yerushalayim (without Pidyon, redemption -- see (e) below) receives Malkus (RAMBAM Hilchos Ma'aser Sheni 2:5).
(e) Alternatively, Ma'aser Sheni produce may be redeemed (Pidyon), in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional *fifth* (of the ensuing total, or a *quarter* of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

24) [line 13] O KALECH L'DERECH ZO - or perhaps turn this way, i.e. argue the following (this word can be read two ways: (a) KALECH - turn away [from that argument] and go to [the following argument] (Kalech is a contraction of "Kaleh" - "stop," and "Lech" - "go to" -- RASHI to Chagigah 14a DH Kalech); (b) According to the reading KELACH - go, you, to [the following argument] (Kelach is a contraction of "Lecha" - "go," and "Lach" - "you" -- RASHI to Shabbos 145b DH Kelach)

25) [line 14] 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'Yrishtah 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 26:1-2). 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 Mitzrayim 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). Live pigeons were a (voluntary) part of the adornment of the baskets of Bikurim. They were offered as Korbenos Olah when the Bikurim were brought (Menachos 58a).
(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 Malkus. They must be returned to, and eaten in Yerushalayim.
(d) According to Rebbi Eliezer ben Yakov, at one point in the process of bringing the Bikurim, the owner of the fruits, together with the Kohen, performs Tenufah (see Background to Menachos 60:3) on the basket of Bikurim.

26) [line 15] EIN LAH SHI'UR - it has no set amount (Pe'ah 1:1)
27) [line 17] SHE'YESH ACHAREIHEN TERUMAH - that after one separates Bikurim, he must also separate Terumos and Ma'asros from his crop

28) [line 28] SHE'EIN BA'OS ELA MIN HE'CHADASH U'MIN HA'ARETZ - that the Shtei ha'Lechem may only be baked from flour that is made from grain of the new crop (Chadash) and that grew in Eretz Yisrael

29) [line 29] "MI'MOSHVOSEICHEM TAVI'U LECHEM TENUFAH SHTAYIM [SHENEI ESRONIM SOLES TIHEYENAH CHAMETZ TE'AFENAH BIKURIM LA'SH-M.]" - "From your settlements you shall bring bread that shall be waved, two loaves [made of two Esronim, they shall be fine flour, baked leavened, first-offerings for HaSh-m.]" (Vayikra 23:17)

30) [line 32] TALMUD LOMAR "TIHEYENAH" - we learn from the seemingly superfluous word "Tiheyenah" - "they shall be," that only the Shtei ha'Lechem consist of two Esronos of flour and no more. (The Lachmei Todah, although we learn from the Shtei ha'Lechem that the loaves of Chametz are made from one Isaron each, consist of a total of twenty Esronos)

31) [line 33] ASARAH L'MATZAH MINAYIN? - From where do we learn that there are ten loaves [each] of [the three different types of] Matzah

32) [line 33] "AL CHALOS LECHEM CHAMETZ" - "with loaves of bread that is Chametz" (Vayikra 7:13)

33) [line 36] "IM AL TODAH YAKRIVENU V'HIKRIV AL ZEVACH HA'TODAH CHALOS MATZOS BELULOS..." - "If he offers it as a thanksgiving sacrifice, then he shall offer with the sacrifice of thanksgiving Matzos mixed with oil, and flat Matzos saturated with oil, and Matzos made of boiled flour mixed with oil." (Vayikra 7:12) - This verse lists three types of loaves of Matzah. Since the next verse contrasts them with the ten loaves of Chametz, we learn that *each* of the types of Matzah is parallel to the Chametz; as such, there are ten loaves of each type of Matzah.

34) [line 38] SHALOSH CHALOS L'ISARON - three loaves of Matzah are made from an Isaron of fine flour

35) [line 40] "V'ES KOL CHELBO YARIM MIMENU..." - "And he shall lift out all of its Chelev [and burn it on the Mizbe'ach.]" (Vayikra 4:19)

36) [line 43] TERUMAS MIDYAN
(a) Before Benei Yisrael crossed the Yarden River, HaSh-m commanded them to wage war with the Midyanites. 12,000 soldiers of Benei Yisrael went to battle and successfully vanquished the Midyanites. HaSh-m commanded that the spoils should be divided among the soldiers, the Kohanim, the Leviyim and the people, in specific proportions (Bamidbar 31:1-47).
(b) The captives and animals were divided equally between the soldiers and the people. HaSh-m commanded that the soldiers donate 1/500 of their spoils to the Kohanim as a "Terumah to HaSh-m," and that Benei Yisrael donate 1/50 of their spoils to the Leviyim. The Rishonim in our Sugya disagree as to whether the Gemara is suggesting that the amount of the Terumah of the Lachmei Todah needs to be 1/500 (RASHI KESAV YAD) or 1/50 (RASHI).

37) [line 45] TERUMAS CHALAH (CHALAH)
(a) With regard to the Mitzvah of Chalah, the verses state, "... b'Vo'achem El ha'Aretz... Reishis Arisoseichem Chalah Tarimu Serumah..." - "[Speak to the people of Yisrael, and say to them,] 'When you come into the land [where I bring you, when you eat of the bread of the land, you shall separate a Terumah (tribute) to HaSh-m.] You shall separate the first of your dough for a Terumah; [as you do with the Terumah separated from the grain of the threshing floor, so, too, shall you present this [to the Kohanim.]" (Bamidbar 15:18-20).
(b) 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. (The requirement to separate Chalah with a Berachah only applies to a dough made from the volume of 43.2 Beitzim of flour (about 10 1/2 cups or 2.48 liters). Approximately half of that amount requires Chalah to be separated without a Berachah.) 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 products 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 Malkus and Misah b'Yedei Shamayim (Makos 13a).
(c) 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 Malkus and Misah b'Yedei Shamayim (RAMBAM Hilchos Bikurim 5:14 and Hilchos Terumah 6:6).
(d) Since the verse states, "Reishis *Arisoseichem* Chalah Tarimu Serumah," this teaches that Chalah must be separated only from *dough*, but not from *flour*. If it was separated from flour, it does not have the status of Chalah.

38) [line 48] MISAH VA'CHOMESH - Misah [b'Yedei Shamayim] (Death at the hands of Heaven) and the extra fifth payment (TERUMAH: MISAH VA'CHOMESH)
(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 Sanhedrin 83a. According to Rav -- Sanhedrin 83b -- he is punished with lashes).
(e) In our Sugya, Rava asks whether a non-Kohen who eats the Terumas Lachmei Todah is liable to Misah b'Yedei Shamayim (b'Mezid) and Chomesh (b'Shogeg).

39) [line 49] O DILMA "VO" VA'"CHAMISHISO" MI'ET RACHMANA - or, perhaps, the Torah (lit. the Merciful One) writes the word "[u'Mesu] Vo" (Vayikra 22:9) with regard to eating Terumah b'Mezid (i.e. Terumah from crops) and "[v'Yasaf] Chamishiso [Alav]" (Vayikra 22:14) with regard to eating Terumah b'Shogeg, to teach that only that type of Terumah incurs these punishments

40) [last line] MEDAMA'AS O EINAH MEDAMA'AS? - [If the Terumas Lachmei Todah becomes mixed with loaves of Chulin,] does it create a forbidden mixture of Meduma or not? (MEDUMA)
(a) Terumah only becomes Batel (canceled) if one part of Terumah falls into at least 100 parts of Chulin. Even if the Terumah is Batel, it is forbidden for non-Kohanim to eat the entire mixture; the equivalent of the amount of Terumah that fell in must first be removed.
(b) If the percentage of Terumah that fell into the Chulin was greater than one in one hundred, the mixture is known as *Meduma* (lit. mixed) and is forbidden to be eaten by non-Kohanim.
(c) According to TOSFOS to Chulin 99a DH Ein, this law applies only if the Terumah was the same type of food as the Chulin; otherwise Terumah is Batel just like any other Isur.
(d) In our Sugya, Rava asks whether or not the Terumas Lachmei Todah create a forbidden mixture of Meduma if they become mixed with loaves of Chulin.

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