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Pesachim 22
***************GIRSA SECTION********************
We recommend using the textual changes suggested by the Bach, Rav B. Rensburg
and the parenthetical marginal notes of the Vilna Shas. This section is
devoted to any *OTHER* changes that we feel ought to be made in Gemara,
Rashi or Tosfos.)
[1] Gemara 22b [line 51]:
The word *v'Itzterich* appears to be unnecessary.
************************************************
1) [line 4] CHULIN SHE'NISHCHETU BA'AZARAH
It is forbidden to slaughter animals in the Azarah other than Korbanos, as
we learn from the verse, "Since the place chosen by HaSh-m is far, ... you
need only slaughter ..." (Devarim 12:21). Chazal learn from this verse that
we may only slaughter Chulin *outside* of the Azarah of the Beis ha'Mikdash.
2) [line 6] GID HA'NASHEH
(a) The Gid ha'Nasheh is the sciatic nerve, the large main nerve of the
lower extremity, running down the back of the leg. Eating the part of the
Gid ha'Nasheh that is located on the rounded part of flesh ("Kaf") that sits
on the hipbone is prohibited by the Torah (Bereishis 32:33).
(b) This prohibition applies only to wild or domestic four-legged animals
but not to birds. The Tana'im argue whether it applies only to the right leg
or to the left leg as well.
(c) Besides the Gid that is prohibited by the Torah, the Rabanan prohibited
certain nearby fats and nerves.
3) [line 11] YESH B'GIDIN B'NOSEN TA'AM (Nerves have a taste that they may
transfer to other foods)
The Tana'im disagree (in our Sugya and in Chulin 99b) if Gidin (the nerves)
have a taste that they may transfer to meat when they are cooked together or
not. A number of Halachos depend upon this question:
(1) If the Gid ha'Nasheh, which is Asur b'Hana'ah, was cooked together with
meat, is the meat prohibited or not? If Gidin do not transfer their taste to
food, the meat is permitted (Chulin 99b).
(2) Is the Gid ha'Nasheh of a non-Kosher or Hekdesh animal prohibited to be
eaten only because it is a Gid ha'Nasheh, or *also* because it is not Kosher
or Hekdesh? According to the Tana'im who rule that Ein b'Gidin b'Nosen
Ta'am, the Gid is not considered like meat but rather like an inedible bone,
to which the prohibitions of eating non-Kosher animals or being Hekdesh do
not apply (Chulin 89b, 100b).
(3) Is the Gid ha'Nasheh Mutar b'Hana'ah (is one permitted to derive benefit
from it)? The Torah decrees that *all* meat of a Neveilah (an animal that is
killed or dies without proper Halachic slaughter) is Mutar b'Hana'ah
(Devarim 14:21). Included in the carcass of a Neveilah is the Gid ha'Nasheh,
which, therefore, should also be Mutar b'Hana'ah. However, according to the
Tana'im who rule Ein b'Gidin b'Nosen Ta'am, the Gid is not considered to be
the meat of the Neveilah, rather, it is like its bones. Only the meat of a
Neveilah is Mutar b'Hana'ah, and it follows accordingly that the Gid remains
Asur b'Hana'ah (RASHI 22a, 23b).
4) [line 20] AMAH - the channel of water that runs through the Azarah of the
Beis ha'Mikdash
5) [line 21] NACHAL KIDRON - the valley to the south of Yerushalayim
6) [line 21] GANANIN - people who have gardens
7) [line 24] HA'MISNASCHIM - that are poured as a libation on the Mizbe'ach
(on Sukos)
22b---------------------------------------22b
8) [line 6] EVER MIN HA'CHAI
(a) Ever Min ha'Chai refers to a *limb* that is detached from an animal when
it is alive, whether the limb contains only flesh (such as the tongue or
heart) or whether it contains bone, flesh and sinews (such as a hand or
foot). Basar Min ha'Chai refers to *flesh* detached from an animal when it
is alive. Both are forbidden to be eaten by the Torah (RAMBAM Hilchos
Ma'achalos Asuros 5:1).
(b) The prohibition to eat Ever Min ha'Chai is learned from the Pasuk "v'Lo
Sochal ha'Nefesh Im ha'Basar" ("You shall not eat the spirit together with
the flesh") (Devarim 12:23). If the limb contains only flesh (e.g. the
tongue or heart), one receive lashes for eating a k'Zayis of flesh. If the
limb contains bones, sinews and flesh, then the bone and sinews may be
combined with the flesh to make up a k'Zayis if the limb is eaten in its
natural state (i.e. if the flesh was not detached from the limb prior to its
consumption). One does not receive lashes for eating less than a k'Zayis,
even if he ate an entire limb. (RAMBAM Hilchos Ma'achalos Asuros Ch. 5;
SEFER HA'CHINUCH #452)
9) [line 16] DAM HAKAZAH SHEHA'NEFESH YOTZ'AH BO - the life-blood that is
let during the process of blood-letting. (The Gemara in Kerisus 22a explains
which blood is considered the life-blood. It does not mean that the loss of
this blood causes the person or animal to die; to the contrary, it is part
of the normal process of blood-letting. Rather, this blood is the same type
of blood as that which when let uncontrollably, causes the person or animal
to die.)
10) [line 17] SHOR HA'NISKAL
An animal that killed a person is stoned to death by Beis Din, as described
in Shemos (21:28-31). After it is sentenced to be stoned, it is Asur
b'Hana'ah.
11) [line 33] CHATZI KOFER
(a) SHOR HA'MU'AD - An ox that gores two times is referred to as a Tam. The
owner only pays half the value of the damages that his ox causes through
goring. If the ox gored three times and the owner was informed and warned to
guard his ox each time, the ox is termed a Mu'ad and from then on the owner
has to pay the full value of the damages that his ox causes through goring.
(b) CHIYUV KOFER - If a person's Shor ha'Mu'ad kills another person, the
owner of the ox is Chayav Misah b'Yedei Shamayim. He can *redeem* himself by
paying Kofer to the children or heirs of the dead man, as the verse states,
"v'Im Kofer Yushas Alav, v'Nasan Pidyon Nafsho." (Shemos 21:30). The amount
paid as Kofer is defined as either the owner's value, or the dead man's
value, according to the various opinions of the Tana'im (Makos 2b). If the
ox kills a slave, the Kofer is 30 Sela'im and it is paid to the slave's
owner.
(c) CHATZI KOFER - Although the owner of a Shor Tam pays half of the damages
that it causes, he does not pay half of the Kofer if his ox kills a person.
Rebbi Eliezer learns this Halachah from the verse, "u'Ba'al ha'Shor Naki."
(Bava Kama 41b).
12) [line 34] DEMEI VELADOS (The value of fetuses)
(a) When a pregnant woman miscarries after being struck accidentally by a
person, the verse states "Ka'asher Yashis Alav Ba'al ha'Ishah ..." ("what
the husband will sue him for, he will pay [i.e. the value of fetuses], as
determined by the courts." - Shemos 21:22).
(b) If a Shor ha'Mu'ad causes a woman to miscarry, Rebbi Yosi ha'Gelili
learns from the verse, "u'Ba'al ha'Sor Naki," that the owner of the ox does
not pay Demei Velados (Bava Kama 42a).
13) [line 44] ORLAH
(a) In the first three years after a fruit tree is planted, its fruits are
called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.
(b) If a person eats a k'Zayis of Orlah fruit, he receives Malkos. If he
derives benefit from Orlah (or any other food that is Asur b'Hana'ah),
according to most Rishonim he is punished with Malkos (TOSFOS Chulin 120a DH
Ela), while according to others, he is only punished with Makas Mardus (a
Rabbinic institution of Malkos). (RAMBAM Hilchos Ma'achalos Asuros 8:16 --
see also Mishneh l'Melech to Yesodei ha'Torah 5:8)
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