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Shevuos 24
1) [line 9] HA'OCHEL NEVEILAH B'YOM HA'KIPURIM - one who eats Neveilah on
Yom ha'Kipurim (ISUR KOLEL)
(a) See Background to Shevuos 22:15.
(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. Meat from a Kosher animal that died before Yom ha'Kipurim
and became prohibited because of the Isur of Neveilah cannot become
prohibited by the Isur of eating on Yom ha'Kipurim. RASHI adds that even if
the animal died on Yom ha'Kipurim, it was already prohibited by the Isur of
Ever Min ha'Chai before Yom ha'Kipurim, and neither the Isur of Yom
ha'Kipurim nor the Isur of Neveilah can take effect (but see TOSFOS DH
ha'Ochel).
2) [line 10] MISHKACHAS LAH B'LAV V'HEN - it is found in the negative and
the positive [form] (SHEVU'OS: LAV V'HEN)
(a) See Background to Shevuos 2:1.
(b) The verse that describes a Shevu'as Bituy states "l'Hara O l'Hetiv" -
"to do harm or to do good" (Vayikra 5:4). Certain Tana'im learn that a
Shevu'ah can only apply to the future, since "l'Hara O l'Hetiv" is in the
future tense. The Mishnah (Shevuos 2a) quotes the opinion of Rebbi Akiva,
who learns from a Derasha that Shevu'os can also apply to the past (Shevuos
25a).
(c) Other Tana'im learn from this verse that the formulation of the Shevu'ah
must be able to exist in a positive and negative form ("Isa b'Lav v'Hen").
For example, "I will eat," "I will not eat." In our Sugya, Reish Lakish, who
learns that the Torah does not prohibit less than a k'Zayis of a prohibited
food, fulfills the requirement of Isa b'Lav v'Hen with the Shevu'os of "I
will eat a k'Zayis of Neveilah" or "I will not eat a k'Zayis of Neveilah."
24b---------------------------------------24b
3) [line 1] CHASHUVEI ACHSHEVEI - [since he has already eaten these foods
before he makes his Shevu'ah,] he establishes it (his act of eating) as
being important (i.e. important enough to fulfill his condition of "if I ate
today")
4) [line 3] ISUR MOSIF
See Background to Shevuos 22:15.
5) [line 13] V'ASHAM ECHAD (ASHAM ME'ILOS)
A person who has benefit from Hekdesh b'Shogeg (see Background to Shevuos
22:6:a-c) must bring a ram as a Korban Asham, besides paying the amount he
benefited plus a fine of Chomesh (Vayikra 5:14-16).
6) [line 14] CHELEV
(a) Chelev refers to the fat of an animal that is offered on the Mizbe'ach.
It consists of the layer of fat covering the stomachs, all the other fat
attached to the stomachs, and the fat on the kidneys along the flanks
(Vayikra 3:4). The verse states, "Chukas Olam l'Doroseichem b'Chol
Moshevoseichem, Kol Chelev v'Chol Dam Lo Socheilu." - "It shall be an
everlasting statute for your generations throughout all your settlements,
that you eat neither [forbidden] fat nor blood." (Vayikra 3:17).
(b) It is forbidden to eat the Chelev of a Kosher Behemah (farm animal), but
it may be used for any other purpose. The Chelev of a Chayah (a Kosher
non-farm animal), however, may even be eaten. "Shuman" refers to all the
other fat of an animal that is permitted.
(c) If a person eats a k'Zayis of Chelev b'Mezid (intentionally) after
Hasra'ah (being forewarned), he is punished with Malkus (lashes). If he was
not given Hasra'ah, he is Chayav Kares. If he sinned b'Shogeg
(unintentionally) he must bring a Korban Chatas (as with all sins for which
one is liable to Kares b'Mezid). If a person is in doubt whether the fat he
ate was Chelev or Shuman, he must bring a Korban Asham Taluy (see Background
to Bava Kama 110:23:4).
7) [line 14] NOSAR
(a) If any meat of a Korban remains after the time that was allotted for it
to be eaten, it must be burned, as the Torah states, "b'Yom Zivchachem
Ye'achel umi'Macharas, *veha'Nosar* Ad Yom ha'Shelishi ba'Esh Yisaref." -
"It shall be eaten the same day that you slaughter it and on the next day,
and anything that *remains* until the third day shall be burned in fire."
(Vayikra 19:6; see Background to Makos 4:10).
(b) If a person eats a k'Zayis of Nosar b'Mezid (intentionally) after
Hasra'ah (being forewarned), he is punished with Malkus (lashes); the Lav
for eating Nosar is learned from the verse of the Milu'im (Shemos 29:34). If
he was not given Hasra'ah, he is Chayav Kares. If he eats it b'Shogeg
(unintentionally), he must bring a Korban Chatas (as with all sins for which
one is liable to Kares b'Mezid) (SEFER HA'CHINUCH Mitzvah #215).
8) [line 15] IM HAYESAH SHABBOS V'HOTZI'O (HOTZA'AH)
(a) HOTZA'AH - Hotza'ah is the general term for the last of the thirty-nine
Avos Melachos of Shabbos. It involves either: 1. Hotza'ah, transferring
objects from a Reshus ha'Yachid (private domain) to a Reshus ha'Rabim
(public domain); 2. Hachnasah, transferring objects from a Reshus ha'Rabim
to a Reshus ha'Yachid; 3. *Ma'avir Arba Amos b'Reshus ha'Rabim*, carrying an
object from one place in Reshus ha'Rabim to another over a distance of at
least four Amos; 4. Moshit, *passing* an object from one Reshus ha'Yachid to
another through Reshus ha'Rabim (as described in the Mishnah in Shabbos 96a,
see Background to Shabbos 96:3). These are all biblical prohibitions. (The
Tana of our Mishnah uses the term "Yetzi'os" for both Hotza'os and
Hachnasos.)
(b) AKIRAH & HANACHAH - In order to transgress the biblical prohibition of
Hotza'ah, certain conditions must be met. The sinner must perform both an
Akirah (initiation of movement) and a Hanachah (setting down the object to
rest). If one person does the Akirah and another does the Hanachah, only a
Rabbinic prohibition is involved, as the Gemara states in Shabbos 3a.
9) [line 16] EINO MIN HA'SHEM - it is not from the same category. The
Beraisa intended to list four Chata'os and on Asham that were brought about
by one act of eating. The liability to bring a Korban Chatas for Hotza'ah on
Shabbos is not a result of eating.
10) [line 21] 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 29a, 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 Yevamos
7:8 and 100:9) are offered on the Mizbe'ach, its meat is eaten in
Yerushalayim during the following two days and the intervening night.
(c) If the animal has or develops a Mum, it becomes the property of the
Kohen. 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. It may not be redeemed with money.
(d) 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).
11) [line 21] KEDUSHASO ME'RECHEM - its sanctity is from the womb (i.e. it
is born sanctified as a Bechor)
12) [line 23] SHE'ELAH (SHEVU'AH: SHE'ELAH)
(a) When an adult makes a Neder (or designates Chalah, Terumah or Hekdesh)
or a Shevu'ah or Nezirus, and he regrets having made the Neder or Shevu'ah,
he may have it revoked by a Beis Din of three (if they are not outstanding
authorities) or a Yachid Mumcheh (an outstanding authority). The general
method used is that Beis Din investigates whether the person would not have
made the Neder or Shevu'ah in the first place had he been aware of a
particular fact. This investigation provides the person with a "Pesach"
(opening) with which the Beis Din can revoke the Neder or Shevu'ah.
(b) There is a Machlokes Rishonim as to the status of a Yachid Mumcheh. The
RAN rules that he must be an outstanding Torah authority well versed in the
laws of Nedarim. Others rule that in addition to the previous, the scholar
must also have Semichah (RAMBAN, cited by the RAN in Nedarim 23a).
13) [line 24] HEKDESH (HEKDESH: SHE'ELAH)
See previous entry.
14a) [line 25] KORBAN KAVU'A - a fixed sacrifice, i.e. a normal Korban
Chatas, which does not vary with the means of the penitent, as opposed to
the Chatas known as the "Korban Oleh v'Yored," which does vary based upon
the means of the penitent (see next entry)
b) [line 25] KORBAN OLEH V'YORED
(a) A person brings a Korban Oleh v'Yored in three specific cases: Shevu'as
ha'Edus (see Background to Bava Kama 105:29), Tum'as Mikdash v'Kodashav (see
above, entry #2) and Shevu'as Bituy (see Background to Shevuos 2:1) (Vayikra
5:1-4).
(b) The Korban Korban Oleh v'Yored is a Korban Chatas, which varies based on
the means of the penitent. If he is wealthy, he brings a female sheep or
goat as a Chatas (Korban Ashir). If he cannot afford this, he brings two
Torim (turtledoves) or two Benei Yonah common doves), one as an Olah and one
as a Chatas (Korban Oleh v'Yored b'Dalus). If he cannot even afford the
birds, he brings one tenth of an Eifah of fine flour as a Minchas Chatas
(Korban Oleh v'Yored b'Dalei Dalus) (Vayikra 5:6-13). The Minchas Chatas is
not mixed with oil, and Levonah (frankincense) is not sprinkled on top of it
(Vayikra 5:11). When a non-Kohen brings a Minchas Chatas, a Kometz of the
flour alone is burned on the Mizbe'ach and the Kohanim receive the Shirayim
(the rest of the flour, which they must eat before the following sunrise --
RAMBAM Hilchos Ma'aseh ha'Korbanos 10:7).
15) [line 27] NASI (KORBAN NASI)
(a) The Chatas Nasi is the male goat brought by a king as a Korban Chatas
when he transgresses an Isur Kares thinking that the Torah did not prohibit
such an act. (The goat is brought for the same sins that a Par He'elem Davar
is brought when the people commit transgressions upon being misled by Beis
Din in a Halachic matter -- see Background to Shevuos 14:13.)
(b) Some of the blood of the goat is applied to the four Keranos (protruding
corners) of the Mizbe'ach ha'Chitzon and the Sheyarei ha'Dam (the remainder
of the blood) is poured on the Southern Yesod (foundation) of the Mizbe'ach.
The Eimurim (see Background to Yevamos 7:8) of the goat are offered on the
Mizbe'ach. The meat is eaten by male Kohanim on the day that the Korban is
offered and the on the following night.
(c) Rebbi Eliezer (Horayos 9a) rules that a king brings a male goat as a
Korban Chatas even for the sins that an ordinary Jew brings a Korban Oleh
v'Yored (see previous entry).
16) [line 31] HEKDESH... SHAVEH PERUTAH
See Background to Shevuos 22:6:a-c
17) [line 31] RAV ASHI ME'UYERYA - Rav Ashi from the town of Uyerya, in
Media
18a) [line 32] ZEDONO KARES - sins for which intentional transgression makes
the sinner liable to the Kares punishment
b) [last line] ZEDONO LAV - sins for which intentional transgression makes
the sinner liable to the punishment of Malkus
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