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Pesachim 35
***************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 35a [line 19]:
The words "*Shevilei* Ta'ala"
should be "*Shibolei* Ta'ala"
This is the Girsa of the Oxford manuscript (Dikdukei Sofrim #70).
[2] Rashi 35a DH Tanina:
The words "d'Avud *Rabanan* Ma'alah b'Kodshim"
should be "d'Avud *Rachmana* Ma'alah b'Kodshim"
This is the Girsa of the early printings. The word "Rabanan" does not appear
in the manuscripts since this Din is mid'Oraisa (Dikdukei Sofrim #10).
************************************************
1) [line 6] L'RABOS ES HA'ETZIM (CHIBAS HA'KODESH - The Endearment Of
Kodesh)
(a) The more precious an object is, the more it is guarded. It is therefore
required that we guard Kodesh from Tum'ah more stringently than we guard
Chulin or Terumah. For this reason, Kodesh can become Tamei even if it has
never come in contact with a liquid and was not Huchshar.
(b) Likewise, even Kodesh items that are inedible (such as the wood for the
Mizbe'ach and Levonah -- frankincense) can become Tamei as if they were
foods.
(c) According to RASHI (19a DH Alma) this Tum'ah of wood and frankincense of
Hekdesh is only mid'Rabanan, while according to TOSFOS (ibid. DH Alma;
Chulin 35a DH Ein), this Tum'ah is mid'Oraisa (see Insights to Pesachim 19a,
20a).
2) [line 10] KUSMIN - spelt (a species of wheat)
3) [line 10] SHIFON - (O.F. seigle) rye
4) [line 10] SHIBOLES SHU'AL - (a) (O.F. aveine) oats; (b) Hordeum sativum
ssp. distichum, a species of barley that grows in two rows (Y. FELIX, Plant
World of the Bible, Masada Press, Ramat Gan 1976, p. 152, based on the
TALMUD YERUSHALMI, Maseches Chalah 1:1)
5) [line 11] DEMAI
(a) Produce bought from an Am ha'Aretz (an unlearned Jew who is lax in his
Torah-observance - see Berachos 47b) is referred to as Demai ("Da Mai?" =
"what is this?").
(b) Terumas Ma'aser, and Ma'aser Sheni must be separated from this produce
since a minority of Amei ha'Aretz cannot be trusted to have separated them
before selling it. Terumah Gedolah, however, (because of its stringency) is
presumed to have been separated. Ma'aser Rishon and Ma'aser Ani are
separated from the produce, but eaten by the owner (in keeping with the
principle "ha'Motzi me'Chaveiro Alav ha'Re'ayah").
6) [line 11] MA'ASER RISHON
(a) After a crop is harvested and brought to the owner's house or yard, he
must separate Terumah 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.
(b) After Terumah is removed from the produce, the first tithe to be given
every year is called Ma'aser Rishon; one tenth of the produce must be given
to a Levi.
7) [line 12] MA'ASER SHENI
(a) 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.
(b) 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.
(c) Alternatively, Ma'aser Sheni produce may be redeemed, 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 which is bought with
that 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 fifth.
8) [line 13] CHALAH
Whenever a person kneads a 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, as specified in Bamidbar 15:17-21. 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). An amount about half that much 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.
9) [line 15] CHALOS HA'TODAH
The Todah (thanksgiving-offering) was a form of Shelamim that was eaten for
only one day and one night. An animal that was sacrificed as a Todah was
brought together with forty loaves of bread, ten each of the following: (1)
unleavened loaves mixed with oil; (2) flat unleavened Matzos saturated with
oil; (3) unleavened loaves made of boiled flour mixed with oil; (4) loaves
of leavened bread. One loaf of each type of bread was given to the Kohen who
performed the Zerikah of the Todah (Vayikra 7:11).
10) [line 15] REKIKEI NAZIR
(a) If a person makes a vow to become a Nazir without stipulating a time
period, his Nezirus lasts for a period of thirty days. 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.
(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 that are called
Rekikin.
11) [line 18] GULBA (O.F. espelte) spelt
12) [line 19] (SHEVILEI) [SHIBOLEI] TA'ALA - [a grain] the stalks [of which
look like the tail] of a fox
13a) [line 19] OREZ - (a) millet (RASHI Berachos 37a); (b) rice (TOSFOS
ibid.)
b) [line 19] DOCHAN - (a) panic grass, a type of millet (RASHI ibid.); (b)
millet (TOSFOS ibid.)
15a) [line 25] D'KADIM U'MACHMITZ - it turns into Chametz quickly
b) [line 25] KAROV L'HACHMITZ HEVEI, CHAMETZ GAMUR LO HEVEI - it almost
turns into Chametz, but not completely. A person who eats it neither incurs
the Kares punishment (for eating it intentionally) nor is liable to bring a
Korban Chatas (for eating it unintentionally)
16) [line 28] SHEITZANISA - (a) Ketzach, (O.F. neele) fennel flower, a
sweet-smelling herb whose seeds are used for flavoring food; alt. black
cumin; (b) (O.F. esdarnele) rye-grass
17) [line 29] D'MISHTAKCHA BEINEI KALNISA - that is found among poppies
(O.F. mac)
18) [line 32] MENAMNEM - dozing
19) [line 35] MATZAH ASHIRAH - Matzah "enriched" with wine, oil or honey
20a) [line 36] HIMCHAHU - (O.F. destenprer) if he soaked it (bread or
Matzah) in water
b) [line 36] U'GEMA'O - and he drank it (the mixture)
21) [line 38] IT'AR BEHU - he aroused himself before them
22) [last line] DARDEKEI - young students who have not reached a level where
they can make analytical deductions
35b---------------------------------------35b
23) [line 7] ACHSANYA - (a) a Jewish army (RASHI here and in Berachos 47a);
(b) a Jewish guest (TOSFOS Berachos ibid. DH u'Ma'achilin, RAMBAM Hilchos
Ma'aser 10:11); (c) a non-Jewish army (TOSFOS ibid. and here DH v'Es)
24) [line 10, 31] SHE'HIKDIMO B'SHIBOLIN, SHE'HIKDIMO BA'KERI
(a) By Torah Law, a person is required to tithe his grain only if he
harvests it in a normal manner. This includes completing the stalk-to-grain
process in the field, piling up the grain there and bringing it through the
front door of his house (Berachos 35b). He is then required to tithe his
grain; it becomes "Hukba l'Ma'aser" (designated for tithing).
(b) The first part that he must separate is Terumah Gedolah, which is given
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.
(c) After Terumah Gedolah is removed from the produce, the first tithe to be
given every year is called Ma'aser Rishon; one tenth of the produce must be
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.
(d) If a Levi came to the field and claimed the Ma'aser Rishon from the
stalks *before* the grain was processed and separated from the stalks, the
requirement to give Terumah Gedolah is canceled, as Reish Lakish proves from
the wording of the verse (ibid.).
However, if a Levi came to the field and claimed the Ma'aser Rishon from the
Kri (the pile of grain which was already processed and separated from the
stalks), he must give Terumah Gedolah to a Kohen from his portion. The
requirement to give Terumah Gedolah is already present as soon as the
produce is classified as Dagan (it is processed), as the verse (Devarim
18:4) states, "Reishis *Degancha* ... Titen Lo" - "You should give him the
first [part that you separate] from your produce."
25) [line 21] HAI IDGAN - this one (the Kri), was heaped into a pile,
classifying it as Dagan, which necessitates separating *Terumah Gedolah*, as
the verse (Devarim 18:4) states regarding Terumah Gedolah, "Reishis
*Degancha* ... Titen Lo" - "You should give him the first [part that you
separate] from your produce"
26) [line 29] SHE'ZAR'O B'ATZITZ SHE'EINO NAKUV - it was planted in a pot
without a drainage hole (and received no sustenance from the ground
underneath)
27) [line 36] ASIMON - a blank; a metal disc from which a coin is stamped
28) [line 37] TZURAH - a design
29) [last line] EIN ISUR CHAL AL ISUR
(a) Even if an object that is already prohibited by one Isur Torah cannot
become prohibited by a second one (Ein Isur Chal Al Isur), there are
possible exceptions to this rule (Chulin 101a):
1. Isur b'Vas Achas - Two Isurim may take effect at the same instant.
2. Isur Kollel - The second Isur includes objects that the first Isur did
not (e.g. Yom Kippur prohibits not only the eating of Neveilos, but Kosher
foods as well).
3. Isur Mosif - The second Isur adds a new dimension of Isur to the first
(e.g. it prohibits the object to people who were not included in the first
Isur, or it makes the object Asur b'Hana'ah and not just Asur to be eaten).
4. Isur Chamur (according to Rebbi Yehudah) - A more stringent Isur can take
effect on an object that is already prohibited by a less stringent Isur
(e.g. the prohibition of Gid ha'Nasheh is more stringent than the
prohibition of non-Kosher animals, since it applied to Benei Yakov when they
were still permitted to eat non-Kosher animals).
(b) According to Rebbi Shimon, an object that is already prohibited can
*never* become prohibited by another Isur, even if the second Isur is Kolel,
Mosif or Chamur.
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