[135a - 41 lines; 135b - 36 lines]

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We recommend using the textual changes suggested by the Bach and the marginal notes of the Vilna Shas. This section is devoted to any OTHER important corrections that Acharonim have pointed out in the Gemara, Rashi and Tosfos

[1] Gemara 135b [line 19]:

The word "Terumoseichem" úøåîåúéëí

should be "Terumaschem" úøåîúëí (Bamidbar 18:27) (The word "Terumoseichem" only appears in Yechezkel (20:40), but this verses is not the intention of the Gemara, as is evident from the omission of any source in the Torah Or.)

[2] Rashi 135b DH Tevel v'Chulin Me'uravin èáì åçåìéï îòåøáéï [near the end]:

The words "d'Nimtza Marbeh b'Ma'asros" ãðîöà îøáä áîòùøåú

should be "Nimtza Marbeh b'Ma'asros" ðîöà îøáä áîòùøåú

[3] Tosfos 135b DH v'Iy Ba'is Eima åàá'' à:

The words "Ach l'Peirush Kama" àê ìôé' ÷îà

should be "v'Af l'Peirush Kama" åàó ìôé' ÷îà

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PEREK #11 REISHIS HA'GEZ

1)[line 1]øàùéú äâæREISHIS HA'GEZ

(a)Every time a flock of sheep is sheared, it is a Mitzvas Aseh to give the first shearings to a Kohen, as stated in Devarim (18:4), "v'Reishis Gez Tzoncha Titen Lo." Although our Mishnah states that this Mitzvah applies both in Eretz Yisrael and in Chutz la'Aretz, the Halachah follows the ruling of Rebbi Ila'i (Daf 136b, Berachos 22a) who rules that the Mitzvah applies only in Eretz Yisrael (Rambam Hilchos Bikurim 10:1).

(b)The owner is obligated to give the first shearings to the Kohen only when a minimum amount of fleece is sheared from a minimum number of sheep. The minimum number of sheep is two according to Beis Shamai and five according to Beis Hillel. The Halachah follows Beis Hillel. The minimum amount of fleece that must be sheared from each of the five sheep is the amount of fleece that weighs a "Maneh u'Feras" (a Maneh and a half) according to Rebbi Dosa ben Harkinas (ibid.). (A Maneh equals one hundred silver Dinerin, each one of which occupies the volume of 96 grains of barley — Kidushin 12a.) As such, the total minimum amount of fleece that must be sheared according to Rebbi Dosa is 750 silver Dinerin. According to the Rabanan, the weight of twelve Sela'im must be sheared from each sheep, for a total of 60 Sela'im (i.e. 240 Dinerin), according to Rav and Shmuel. Rebbi Yochanan argues with regard to the opinion of the Rabanan, claiming that even a total weight of 6 Sela'im or 24 Dinerin of wool from all five animals is obligated in Reishis ha'Gez. Ula, citing Rebbi Elazar, is even more stringent in interpreting the opinion of the Rabanan, obligating even the most minute amount sheared (Chulin 137b).

(c)After all of one's sheep are sheared, one must give to the Kohen one-sixtieth of all of the shearings, whether it is a lot or a little (as long as the minimum required amount is fulfilled, as mentioned above). When one gives the wool to the Kohanim, he must not give less than the weight of five Shekalim (ten Dinerin) of wool to each Kohen, which is the amount that suffices to make an Avnet, the belt of the Bigdei Kehunah (Chulin 138a).

(d)Like all other Matnos Kehunah, one who causes damage to the Reishis ha'Gez, or one who steals it and keeps it for himself and does not give it to a Kohen, has no obligation to compensate the Kohanim (Bava Kama 93b), since it is "Mamon she'Ein Lo Tov'im"; there is no specific Kohen who can make a claim to it, since the owner could have given it to any Kohen he wanted.

2)[line 5]áîøåáä åáîåòèB'MERUBAH UV'MU'AT- whether many [animals are slaughtered] or few [animals are slaughtered]

3)[line 6]øçìåúRECHELOS- (lit. ewes) with the sheep

4)[line 8]"... éçéä àéù òâìú á÷ø åùúé öàï""... YICHAYEH ISH EGLAS BAKAR U'SHTEI TZON"- "[And it shall come to pass on that day that] a man shall raise [only] one young cow and two sheep [and they will provide him with all of his needs]" (Yeshayah 7:21).

5)[line 10]"[åúîäø àáéâéì åú÷ç îàúéí ìçí, åùðéí ðáìé ééï,] åçîù öàï òùåéåú, [åçîù ñàéí ÷ìé, åîàä öîå÷éí, åîàúéí ãáìéí, åúùí òì äçîåøéí]""[VA'TEMAHER AVIGAYIL, VA'TIKACH MASAYIM LECHEM, U'SHENAYIM NIVLEI YAYIN,] V'CHAMESH TZON ASUYOS, [V'CHAMEISH SE'IM KALI, U'ME'AH TZIMUKIM, U'MASAYIM DEVELIM, VA'TASEM AL HA'CHAMORIM]" - [And Avigayil hurriedly took two hundred loaves, two flasks of wine], and five cooked sheep, [and five Se'ah of roasted ears of corn, one hundred clusters of raisins, and two hundred cakes of dried figs, and she placed them on the donkeys]" (Shmuel I 25:18) (AVIGAYIL INTERVENES)

(a)Shmuel ha'Navi died, and David, a fugitive from Shaul, found himself and his band of six hundred men not far from Carmel, where an extremely rich man by the name of Naval ha'Carmeli lived. Naval, who was a descendant of Kalev ben Yefunah, and who was related to David, was a man of bad deeds and difficult to get along with (as his name expresses and as the story illustrates, he was a base and depraved man). When David heard that Naval was about to sheer his sheep, an occasion that generally was accompanied by extensive festivities, David sent some of his men to him with greetings and a request for badly needed provisions. Naval, who apparently knew that David had already been crowned king, refused, insulting David's emissaries in the process and referring to David as a slave who rebelled against his master, despite the fact that David had done a favor for him on an earlier occasion.

(b)David considered Naval's refusal to help as an act of treason, and prepared to attack him with four hundred men, leaving two hundred men to guard the camp. Meanwhile, a servant informed Avigayil, Naval's clever and beautiful wife (who was also one of the seven prophetesses) all that had transpired. He stressed how good David and his men had been to Naval and to his workers when they had worked together in the field for a short while, and yet Naval was repaying bad for good. Finally, the servant warned Avigayil of the impending danger.

(c)Without delay, Avigayil took two hundred loaves of bread, two large casks of wine, five prepared sheep, five Se'ah of parched ears of corn, a hundred clusters of raisins and two hundred cakes of dried figs, which she loaded onto donkeys. Without telling her husband, she issued orders to her servants to take the gift to David, and she would follow.

(d)Upon meeting David, she succeeded in convincing him to cancel the attack and even managed to put in a personal request: that David not forget her (a hint that, after the death of her husband, which she seems to have foreseen, he should marry her, which he later did).

(e)The following morning, after Naval had become sober from the previous night's festivities, Avigayil informed him of all the above events. The news shocked him, and his heart froze (either out of fear, because he thought that David was about to attack him (Rashi), or out of miserliness, on account of his losses, following the gift that his wife had given David).

(f)HaSh-m struck Naval down, and ten days later he died. Rashi ascribes the ten days to the seven days of mourning for Shmuel (similar to his explanation at the beginning of Parshas Noach, with regard to the seven days delay before the Flood struck), and three days of suffering from the plague. Rashi also cites Chazal who say that the ten days refer to the days between Rosh Hashanah, when the illness struck, and Yom Kippur, the Aseres Yemei Teshuvah during which time Naval had the opportunity to do Teshuvah for what he had done, but he did not take advantage of the opportunity. A third opinion cited by Rashi attributes the ten days grace period to the ten mouthfuls of wine that Naval offered David's emissaries.

6)[line 10]øáé ãåñà áï äøëéðñ... åäçëîéí...REBBI DOSA BEN HARKINAS... VA'CHACHAMIM...- Rebbi Dosa and the Chachamim disagree about the opinion of Beis Hillel

7a)[line 11]çîù øçìåú âåææåú îðä îðä åôøñCHAMESH RECHELOS GOZEZOS MANEH MANEH U'FERAS- five sheep, the shearing of each must weigh at least a Maneh and a half (see above, entry #1)

b)[line 12]îðäMANEH- one hundred silver Dinerin, each one of which occupies the volume of 96 grains of barley (Kidushin 12a)

8)[line 13]ëì ùäïKOL SHE'HEN- the most minute amount (see above, entry #1:b)

9)[line 15]îìåáï åìà öåàéMELUBAN V'LO TZO'I- washed and not dirty

10)[line 16]áâã ÷èïBEGED KATAN- (lit. a small garment) the smallest woolen garment of the Bigdei Kehunah, i.e. the Avnet or belt

11)[line 17]ìáðåLIBNO- if one bleached it

12)[line 19]ùçåôåúSHECHUFOS- dark; gray or brown

13)[line 23]÷ãùé áã÷ äáéúKODSHEI BEDEK HA'BAYIS (KODSHEI MIZBE'ACH / KODSHEI BEDEK HA'BAYIS)

(a)Kodshei Mizbe'ach are objects dedicated to be offered on the Mizbe'ach as sacrifices, which have Kedushas ha'Guf. An object with Kedushas ha'Guf is an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash (RAMBAM Hilchos Me'ilah 6:5) or a live Korban that is used in the Beis ha'Mikdash "as is." An animal that has Kedushas ha'Guf cannot be redeemed without a Mum (blemish).

(b)An object with Kedushas Damim is an object the value of which is consecrated to Hekdesh; e.g. an animal that a person consecrated to be sold in order to buy another animal as a Korban with its value.

(c)Kodshei Bedek ha'Bayis are objects dedicated to the property of the Mikdash, which have Kedushas Bedek ha'Bayis. An object with Kedushas Bedek ha'Bayis is an object the value of which is consecrated to Hekdesh so that it should be used for filling the day-to-day needs of the Beis ha'Mikdash, and not to be used for Korbanos.

14)[line 28]äòîãä åäòøëäHA'AMADAH V'HA'ARACHAH

(a)The verses referring to a Korban that became unfit due to a Mum (blemish) state, "v'He'emid Es ha'Behemah Lifnei ha'Kohen, v'He'erich ha'Kohen Osah" - "He shall make the animal stand before the Kohen and the Kohen shall appraise it" (Vayikra 27:11-12). From here we learn that in order for an animal with a Mum to be appraised and redeemed, it must be alive. An animal that was slaughtered, for example, cannot be appraised and redeemed (Chulin 84a).

(b)Our Gemara asks how shearings of a sheep of Hekdesh can be redeemed seeing that it is not possible for a pile of wool to stand, since it is not alive. TOSFOS DH v'Ha asks why should shearings of wool require Ha'amadah and Ha'arachah? Since they are inanimate, they should be the same as any other object which is donated to Hekdesh, such as stones and wood, which certainly may be redeemed without Ha'amadah and Ha'arachah! The laws of Ha'amadah and Ha'arachah apply exclusively to animals, and not to inanimate objects! Tosfos explains that since the wool was holy while it was attached to the animal (and the animal would have required Ha'amadah and Ha'arachah in order to be redeemed), even after the wool is removed from the animal it still retains the requirement of Ha'amadah and Ha'arachah.

(c)For the opinions of the Rabanan and Rebbi Shimon with regard to Ha'amadah and Ha'arachah, see Charts to Temurah 32b, #8.

15)[line 30](ëçùé) [îëçù](KACHASHEI) [MIKCHASH]- the wool sheared weakens the animal of Hekdesh, which is a prohibited use of Hekdesh (this answers the question, "Iy Hachi, Kodshei Mizbe'ach Nami," "If so, [the Mishnah could refer to] sacrifices, also, [as long as one consecrates it with the stipulation that it is sanctified except for its shearings])

16)[line 32]ôùèä ÷ãåùä áëåìäPASHTAH KEDUSHAH B'CHULAH- the sanctity spreads throughout the entire animal (even though he was only Makdish a portion of it)

17)[line 33]äàåîø "øâìä ùì æå òåìä," ëåìä òåìäHA'OMER "RAGLAH SHEL ZO OLAH," KULAH OLAH- if one says "the foot of this [animal] should be a Korban Olah," then the entire animal becomes an Olah (the sanctity spreads out until the entire animal is sanctified)

18)[line 34]ãáø ùàéï äðùîä úìåéä áåDAVAR SHE'EIN HA'NESHAMAH TELUYAH BO- a part of an animal's body, the removal of which does not result in death

19)[line 40]"øàéùú ãâðê [úéøùê åéöäøéê åøàùéú âæ öàðê úéúï ìå]""REISHIS DEGANCHA [TIROSHCHA V'YITZHARECHA V'REISHIS GEZ TZONCHA TITEN LO]"- "The first fruit of your grain, [of your wine, and of your oil, and the first of the fleece of your sheep, shall you give him]" (Devarim 18:4).

135b----------------------------------------135b

20a)[line 2]÷ãåùú ãîéíKEDUSHAS DAMIM- an object that is only a monetary obligation to give to a Kohen (this is a borrowed term, since Reishis ha'Gez does not have Kedushah — compare with entry #13:b)

b)[line 3]÷ãåùú äâåóKEDUSHAS HA'GUF- an object that is sanctified (i.e. Terumah, which can only be eaten when it is Tahor by a Kohen who is also Tahor) (this is also a borrowed term — see above, entry #13:a)

21)[line 7]èáìTEVEL- untithed produce (see Background to Chulin 131:9)

22)[line 10]éù áøéøäYESH BEREIRAH

(a)In numerous places in Shas we find arguments among the Tana'im/Amora'im as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e. Bereirah does not work). Bereirah means making one's action contingent retroactively on future events. Examples of this are: selling an object on the condition that it rains tomorrow; buying or selling today an object that will be selected tomorrow. "Ein Bereirah" means that such a stipulation does not work. An action cannot be contingent on a future event. The Ran (Nedarim 45b) explains the logic of this rule by saying, "It is not proper for something to take effect, when there remains a doubt on what it will take effect" (see Insights to Chulin 14:3). "Yesh Bereirah" means that such a stipulation does work.

(b)When the action is contingent on a past event, there is no question that the action works — even if the people involved in the action are not aware as to whether the past event did or did not take place. For example, if a person makes two Eruvei Techumin before sundown on Erev Shabbos, in two different directions, and stipulates, "if the Chacham is presently staying in the town towards the east, I would like the eastern Eruv to work, if not, I would like the western Eruv to work." The man making the Eruv might not know where the Chacham, but when he finds out, the Eruv will have taken effect on the side that he stipulated.

(c)We find many instances in the Gemara where a person may perform an action "on the condition that..." (b'Tenai). For example, a man may buy or sell an object or divorce his wife on the condition that the other party pays or does whatever the first party specifies. If the condition is not kept in the future, the sale or divorce is annulled. This situation is not called Bereirah — see Insights to Chulin 14:5.

(d)Halachically, most Poskim conclude (based on Beitzah 38a) that regarding Biblical questions (mid'Oraisa), we assume that Bereirah does not work (l'Chumrah), but with regard to Rabbinical questions (mid'Rabanan), we rely on Bereirah.

23)[line 14]ìà îééçãà ìéäLO MEYACHADA LEI- that it is not designated specifically for him (the Jewish partner)

24)[line 21]çìäCHALAH

See Background to Chulin 131:7.

25)[line 26]àãøáä, ðéìó îúøåîäADERABAH, NEILAF MI'TERUMAH- on the contrary, learn from Terumah [that partners who own dough are obligated to separate Chalah] (one of the rules of Hekesh — see Background to Menachos 82:23 — is that if we have a choice to learn a lenient comparison or a more stringent one, we always follow the more stringent one, all other factors being equal)

26)[line 27]ëãé òøéñåúéëíKEDEI ARISOSEICHEM- Chalah must be taken from a dough which has the same volume of flour as the volume of the Man that Benei Yisrael received in the desert at the time of the giving of the Torah (Shemos 16:16, 36); i.e. an Omer, a tenth of an Eifah (approximately 2.16, 2.49 or 4.32 liters, depending upon the differing Halachic opinions)

27)[line 28]ôàäPE'AH

See Background to Chulin 130:37.

28)[line 31]áëåøäBECHORAH (BECHOR)

See Background to Chulin 130:8.

29)[line 32]"ëì äáëåø àùø éåìã áá÷øê åáöàðê...""KOL HA'BECHOR ASHER YIVALED BI'VEKARCHA UV'TZONCHA..."- "All of the firstborn males that will be born in your cattle and your flocks ..." (Devarim 15:19).

30)[line 33]"... åáëåøåú á÷øëí åöàðëí""... U'VECHOROS BEKARCHEM V'TZONCHEM"- "... and the firstborn of your cattle and of your flocks" (Devarim 12:6).

31)[line 34]îæåæäMEZUZAH

(a)The Torah commands that a Mezuzah be affixed to the doorposts of one's home (Devarim 6:9). A Mezuzah is a piece of parchment upon which the Parshah of "Shema" (Devarim 6:4-9) and the Parshah of "v'Hayah Im Shamo'a" (Devarim 11:13-21) are written. Both of these Parshiyos contain a verse commanding the Mitzvah of Mezuzah.

(b)The Mitzvah to affix a Mezuzah to the doorposts of one's home is the obligation of the resident. It applies at all times and is not limited to any particular time, and therefore a woman is obligated in this Mitzvah, as in all Mitzvos Aseh she'Lo ha'Zeman Geraman.

32)[line 35]"... áéúê...""... BEISECHA..."- "[And you shall write them on [parchment and affix them to] the doorposts of] your house [and on your gates]" (Devarim 6:9).

33)[line 35]"ìîòï éøáå éîéëí åéîé áðéëí...""LEMA'AN YIRBU YEMEICHEM VI'YEMEI VENEICHEM..."- "So that your days will be multiplied, and the days of your children..." (Devarim 11:21).

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