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Rosh Hashanah 28
1) [line 13] TISALEK LEI B'TARTEI - let it count for him as two Teki'os (the
end Teki'ah of the first "Teki'ah Teru'ah Teki'ah" and the first Teki'ah of
the second "Teki'ah Teru'ah Tekia'h")
2) [line 14] PESUKEI TEKI'ASA ME'HADADI, LO PASKINAN - we do not split one
[long] blast into two Teki'os
3) [line 24] ME'ILAH
(a) It is forbidden to derive personal benefit from anything that is
Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha ...
u'Nedarecha Asher Tidor" ("You may not eat in your settlements, ... and your
pledges that you will pledge" - Devarim 12:17) (RAMBAM Hilchos Me'ilah 1:1-
3). The minimum amount for which one transgresses this prohibition is a
Perutah's worth of benefit.
(b) If someone benefited from Hekdesh intentionally, he receives Malkos and
must pay to Hekdesh the amount that he benefited. However, the object from
which he benefited remains Hekdesh.
(c) If someone benefited from Hekdesh unintentionally, the object loses its
Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his
benefit plus an additional *fifth* (of the ensuing total, or a *quarter* of
the original value). This is true of any object that has Kedushas Damim
(i.e. it's value is consecrated to Hekdesh). An object that has Kedushas
ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in
the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as
is") does not lose its Kedushah under any circumstances.
4) [line 30] MITZVOS LAV LEIHANOS NITNU (Mitzvos were not given for the benefit derived
from them)
(a) The Torah classifies many objects as Isurei Hana'ah (items from which it
is prohibited to benefit), such as Orlah (see Background to Berachos 36:15),
Kil'ei ha'Kerem (see Background to Eruvin 3:18), Eglah Arufah (see
Background to Eruvin 35:19), Tziporei Metzora (see Background to Nidah
70:1), a Nazir's hair (see Background to Eruvin 4:15), Shor ha'Niskal (see
Background to Nidah 8:4), Avodah Zarah (see Background to Shabbos 82:35), Ir
ha'Nidachas (see Background to Kerisus 24:7), Peter Chamor (see Introduction
to Bechoros 1:III), Basar b'Chalav (see Background to Chulin 103:6), Chulin
she'Nishchetu ba'Azarah (see Background to Temurah 33:5) and a dead body
(see Gemara Avodah Zarah 29b) and its grave or shrouds (Gemara Sanhedrin
47b).
(b) The Amora'im argue as to whether it is possible to perform a Mitzvah
using one of the objects listed above (Rosh ha'Shanah 28a, Chulin 89a). Does
the performance of a Mitzvah constitute "benefit" which is forbidden? Rava
rules that the Torah does not include the performance of a Mitzvah in the
prohibition of deriving benefit from Isurei Hana'ah. Rather, Mitzvos are
required *obligations* which are thrust upon us, and they are not done for
our "benefit." Therefore, performing a Mitzvah with one of the Isurei
Hana'ah is permissible.
(c) One exception to this ruling is that even according to the opinion that
Mitzvos may not be described as "benefit," performing a Mitzvah using Avodah
Zarah is nevertheless prohibited. Avodah Zarah is disgusting before HaSh-m
and it is not proper to use it in the performance of a Mitzvah.
5) [line 33] IR HA'NIDACHAS
A city that was led astray (Nidach) to the extent that its inhabitants
committed idolatry, must be destroyed. All of those who were led astray must
be killed and the city burned, along with all of the possessions of its
inhabitants, as stated in Devarim 13:13-19. The righteous people who were
not led astray are not killed, but their possessions are burned.
6) [line 34] D'KETUTEI MICHTAS SHI'UREI (The obligation to destroy it gives it a status
of already having being destroyed. Consequently, it does not have the proper
size, because it is considered as crushed to powder.)
(a) Many Mitzvos of the Torah require a specified amount of a certain item,
such as a k'Zayis for the Mitzvah of eating Matzah, four Tefachim for the
Mitzvah of Lulav, etc., or a Shofar which is at least a handbreadth in
length.
(b) When there is a Mitzvah to burn a certain object, that object is
considered already burned and reduced to ashes. We look upon it as separate
particles of ash that happen to be stuck together. As such, we do not use it
for any Mitzvah that has a size requirement, since it is considered as
having infinitesimally small particles.
(c) The Rishonim argue as to how broadly this rule is applied:
1. Some contend that it applies to all Isurei Hana'ah (objects from which it
is forbidden to derive benefit)
2. Others maintain that it only applies to those items that are burned (i.e.
those items which may not be simply buried or otherwise obliterated)
3. Another opinion is that it applies only to items that there is a positive
*Mitzvah* to burn
4. Yet others imply that it applies only to items that the *Torah* (as
opposed to the Rabanan) gives us a positive Mitzvah to burn. (See TOSFOS
Yevamos 104a, at the top, TOSFOS Sukah 35a DH Lefi, and Rishonim there).
5. Another point in question is whether the Halachah of Ketutei Michtas
Shi'urei is linked to the opinion of Rebbi Shimon (who rules that "All that
is meant to be burned is considered as already burned" -- Menachos 102b).
According to the Rishonim that link the two laws, the Rabanan who argue with
Rebbi Shimon do not hold of the rule that Ketutei Michtas Shi'urei (RITVA
Sukah 31b, see also RASHI Chulin 89b DH Shi'ura and elsewhere regarding
Ketutei Michtas Shi'urei).
7) [line 39] MEI CHATAS
If a person (or utensil) became Tamei through touching a Mes, he must wait
seven days to become Tahor. On the third and seventh days he must have
spring water mixed with the ashes of the Parah Adumah (Mei Chatas) sprinkled
on him. A person who is Tahor dips three Ezov branches that have been bound
together into the mixture, and sprinkles them on the person who is Tamei. On
the seventh day, he immerses in a Mikvah after the mixture is sprinkled on
him in order to complete his Taharah. (Bamidbar 19:17-19)
8) [line 43] KEFA'O - if one forced him
9) [line 44] KEFA'O SHED - a demon forced him
10) [line 44] ITIM CHALIM, ITIM SHOTEH - a person who is at times normal and
at times a fool (crazy, mad, deranged)
28b---------------------------------------28b
11) [line 2] MITZVOS EIN TZERICHOS KAVANAH (Mitzvos do not require
intention)
MITZVOS TZERICHOS KAVANAH
The Amora'im argue whether or not a person who performs a Mitzvah must be
aware of the fact that he is doing a Mitzvah. According to the opinion that
Mitzvos require Kavanah, one does not fulfill the Mitzvah without Kavanah,
while according to the opinion that Mitzvos do not require Kavanah, one does
fulfill the Mitzvah without Kavanah.
12) [line 6] B'KOREI L'HAGI'AH - when he is reading it in order to make
corrections
13) [line 11] SAVUR, CHAMOR B'ALMA HU - he thought that it was just [the
sound of] a donkey
14) [line 17] D'KA MENABE'ACH NEVUCHEI - he is only blowing short blasts
(which are not long enough for the Mitzvah of Teki'as Shofar) and
inadvertently he blows a long blast; alt. he is blowing air through the
Shofar and inadvertently it makes a sound (TOSFOS)
15) [line 21] SHE'OLEH L'DUCHAN - that goes up to say Birkas Kohanim
16) [line 27] B'D'LO SIYEM - he did not yet finish saying the blessing [when
he added in his own additional blessing]
17) [line 29] ILU MISRAMI LEI TZIBURA ACHARINA - if it comes out that there
is another Minyan for him to bless
18) [line 30] U'MENA SEIMRA - and from where can you prove it (that if there
is another Minyan that needs to be blessed by a Kohen, we say that it is
still the time for the Mitzvah of Birkas Kohanim)
19a) [line 31] HA'NITANIN B'MATANAH ACHAS - Korbanos whose blood is placed
only once on the Mizbe'ach; i.e. the blood of a Korban Pesach, Bechor, and
Ma'aser
b) [line 32] MATAN 4 - Korbanos whose blood is placed on all four sides of
the Mizbe'ach [which is accomplished by putting the blood one time on the
southwestern and one time on the northeastern corner of the Mizbe'ach]; i.e.
Shelamim, Asham Olah and Todah
20) [line 38] BECHOR -
(a) The Kedushah of Bechor rests on every first-born male of an ox, goat or
sheep when it comes out of its mother's womb. Nevertheless, there is a
Mitzvah for a person to sanctify it himself (Erchin 29, based on Devarim
15:19). He must then give it to a Kohen; it may not be redeemed.
(b) If the animal has no Mum (blemish), the Kohen must bring it as a Korban
during its first year. After its blood and Emurim (see Background to
Pesachim 43:15a and 95:9) are offered on the Mizbe'ach, its meat is eaten in
Yerushalayim during the following two days and the intervening night by
Kohanim, their wives, children and slaves.
(c) If the animal has a Mum, it must be slaughtered and eaten during its
first year. If it developed a Mum after the first year, it must be
slaughtered and eaten within thirty days. The Kohen can give it away or sell
it, even to a non-Kohen. However, it may not be sold in a meat market or
weighed in the usual manner.
(d) Whether or not it has a Mum, it is forbidden to work with a Bechor or to
shear it. Any fleece that is removed from a Bechor, even if it came off on
its own, is Asur b'Hana'ah. If, upon Shechitah, the animal is found to be a
Tereifah, it is Asur b'Hana'ah and must be buried.
(e) Now that there is no Beis ha'Mikdash, a Kohen must care for a Bechor
until it develops a Mum. Alternatively, he can sell it, even if it has no
Mum, to a non-Kohen, who may eat it after it develops a Mum. It may not be
bought, however, in order to be sold for a profit (Sefer ha'Chinuch #393,
#445).
21) [last line] SHE'LO BI'ZEMANO BA'I KAVANAH - in order to transgress the
prohibition of "Bal Tosif" (adding to a Mitzvah), one must intend to do the
act for the sake of the Mitzvah when he is doing it *not* at the time that
the obligation of the Mitzvah applies
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