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Pesachim 101
PESACHIM 101 - dedicated by Uri Wolfson in honor of his Chavrusa, Rav
Mordechai Rabin of Har Nof.
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***************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] Tosfos 101a DH Aval:
"*u'Mihu* Shnei Mekomos b'Chad Bayis"
The word "u'Mihu" is not found in the manuscripts and should be removed
(DIKDUKEI SOFRIM #200)
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1) [line 5] V'GANU - and sleep
2) [line 10] ME'IGRA L'AR'A - from the roof to the ground; alternatively,
from the attic to the ground floor
3) [line 13] IS'AKRA LEI SHERAGA - his lamp fell and went out
4) [line 13] V'AILEI LEI L'MANEI L'VEI GENANEI D'RABAH BREI - and they
brought up his utensils to the wedding house of his son, Rabah
5) [line 19] AD'AZLISU L'USHPIZA - by the time you go to your inn; place of
lodging
6) [line 24] MATIRIN MI'BEGED L'VEGED - it is permissible to remove Tzitzis
from one Talis and place them on another [usually from an old Talis to a new
Talis (Rashi Shabbos 22a)]
7) [line 25] MADLIKIN MI'NER L'NER
Shmuel rules that it is permissible to light one Chanukah light from
another. Rav prohibits this. One reason given for Rav's opinion is because
of Bizui Mitzvah (disrespect for the Mitzvah,) since the person transfers
the flame with a stick that is not part of the Mitzvah. The second reason
given is Akchushei Mitzvah (diminishing the Mitzvah), by taking away some of
the oil. It also appears as if he is taking away some of the light. (Gemara
Shabbos 22a and Rashi there)
8) [line 25] HALACHAH K'REBBI SHIMON BI'GREIRAH (DAVAR SHE'EINO MISKAVEN)
(a) A Davar she'Eino Miskavein is an act that is done for a certain purpose
(which can be accomplished without transgressing an Isur Torah), but which
*may* result in an Isur Torah being inadvertently performed. The example
brought in our Gemara is dragging a bench or chair on soft ground, where a
furrow may possibly be created while dragging. (Digging a furrow is included
in the Melachah of Choresh, plowing). Rebbi Yehudah prohibits performing
such an action, since it may result in an Isur Torah. Rebbi Shimon
disagrees, claiming that even though an Isur Torah may result from this
action, since the Isur Torah will come about without intent, the action is
permitted. Rebbi Shimon therefore permits a person to drag a bench across a
dirt floor as long as he does not intend to make a furrow.
(b) The laws of a Davar she'Eino Miskaven (that it is permitted according to
Rebbi Shimon or forbidden according to Rebbi Yehudah) apply only when it is
not inevitable that an Isur Torah will occur as a result of one's action.
However, when an Isur Torah will definitely occur as a result of one's
action, it is known as a "Pesik Reshei" and is forbidden. For example, if a
person cut the head off of a chicken on Shabbos and states that he had no
intention to kill the animal, but he merely wanted its blood to feed to his
dogs, it is considered as though he had full intention to kill the animal
since its death was an inevitable outcome of his act, and he is Chayav.
(c) A person must have specific *intent* to do a Melachah on Shabbos in
order to be liable for punishment or to be required to bring a Korban.
Therefore, if a person drags a bench and a furrow *does* result, even Rebbi
Yehudah will agree that the person who dragged it is not obligated to bring
a Korban, since the furrow was created accidentally. Rebbi Yehudah and Rebbi
Shimon argue only as to whether it is permitted *in the first place* to
perform an action that may result in a Melachah.
101b---------------------------------------101b
9) [line 16] L'KIV'A KAMA HADAR - he is continuing his original meal (that
is, since had he *not* eaten anything in the second location, he would have
been required to return to the original location to recite the Berachos
Acharonos or Birkas ha'Mazon (see Berachos Daf 51a), he has not has a Hesech
Da'as from his meal, and] it is considered as if he is *still* in his
original location, finishing his meal [ROSH 10:6]. Alternatively, he has to
make a significant Berachah Acharonah (and not just Borei Nefashos) and
therefore when he moves to another location, he still must recite a Berachah
Acharonah. Because that Berachah Acharonah will serve for all that he ate in
both locations, it is considered one long meal, and no Berachah Rishonah is
required in the new location [RASHBAM 101b DH b'Devarim and DH Aval].)
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