[136a - 44 lines; 136b - 49 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 136a [line 5]:

The words "Ika l'Meimar"

should be "v'Ika l'Meimar"

[2] Tosfos 136b Lifnei :

The words "Mah she'Ein Ken be'Ma'aser, she'Bitlu" ''

should be "Mah she'Ein Ken be'Ma'aser, she'Bitlu Oso"'' (Tosfos ha'Rosh)

[3] Tosfos ibid.:

The words "she'Ma'aser Mekudash"

should be "she'Ma'aser Mekadesh"

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1)[line 1] DERECH BI'ASCHA- the way that you normally enter a house; i.e. the Mezuzah must be placed on the doorpost that is on the right as one enters the house, since one normally puts his right foot forward when starting to walk (see Background to Chulin 135:31)

2)[line 1]MA'ASER

See Background to Chulin 131:9:a-e.

3)[line 3]"[ , , ] , [ , , , ]""MA'ASROSEICHEM"- "[And there you shall bring your burnt offerings, and your sacrifices, and] your tithes, [and offerings of your hand, and your vows, and your freewill offerings, and the firstborns of your herds and of your flocks]" (Devarim 12:6).

4)[line 4]MATANOS

See Background to Chulin 134:29

5)[line 12] HA'DIN IM HA'TABACH- the [Kohen's] claim is with the butcher (even if the animal belongs to someone else)

6)[line 13]BIKURIM

See Background to Chulin 131:10.

7)[line 14]" , [ ', ; ]""BIKUREI KOL ASHER B'ARTZAM..."- "Whatever ripens first in their land, [which they shall bring to HaSh-m, shall be yours; everyone who is ritually pure in your house shall eat of it]" (Bamidbar 18:13).

8)[line 14]TZITZIS

(a)There is a Mitzvah to wear Tzitzis (fringes) on four-cornered garments, as it states in the Torah (Devarim 22:12). Beis Shamai and Beis Hillel argue (Menachos 41b) whether one must double over three strings through each hole of the garment (Beis Hillel), or whether one must double over four strings (Beis Shamai).

(b)Techeles is a greenish-blue dye used to dye some of the woolen strings used for Tzitzis. The dye is obtained from the Chilazon, possibly the underwater snail murex trunculus (see Dafyomi Advancement Forum to Maseches Menachos, Special Techeles Section or Insights to Menachos 44:1). The "Pesil Techeles" - the "string of Techeles" (Bamidbar 15:38) is the most important part of a four-cornered garment since through it one is able to completely fulfill the Mitzvah of Tzitzis mid'Oraisa. The exact process for obtaining the Techeles dye is not known today (see Insights ibid.).

9)[line 17]MA'AKEH - a guardrail

The Torah commands that a guardrail that is at least ten Tefachim high be built around the roof of one's home (or balcony) in order to prevent calamities. The guardrail must be strong enough to support the weight of a person who is leaning on it. Additionally, from the words "v'Lo Sasim Damim b'Veisecha," it is learned that one may not allow any dangerous situation to remain in one's house. A person may not leave an uncovered pit in his courtyard, or leave a weak ladder in his house. If he owns a bad-tempered dog, he also transgresses this Lav. (SEFER HA'CHINUCH #547)

10)[line 33] TERUMAH CHAYAVIM ALEHA MISAH V'CHOMESH (TASHLUMEI TERUMAH)

(a)After a crop is harvested and brought to the owner's house or yard, the owner must separate Terumah from the crop, which he gives to a Kohen. Kohanim and members of their households are allowed to eat Terumah, as long as they are Tehorim.

(b)If a non-Kohen eats Terumah without knowing that it is Terumah, he must replace what he ate in the form of a food that becomes Terumah (Tashlumei Terumah). He returns the amount of Terumah that he ate to the Kohen who owned the Terumah (see Insights to Pesachim 32:1). In addition, he is fined another Chomesh (fifth) of the ensuing total (i.e. a quarter of the value of what he ate). This Chomesh may be paid to any Kohen (Terumos 6:2), and is not necessarily given to the Kohen who owned the Terumah that was eaten.

(c)If the person ate Terumah in an abnormal fashion, such as by drinking olive oil, he only pays the value of the Terumah that was destroyed (i.e. the normal Halachah of damages applies to him and not the laws of Tashlumei Terumah).

(d)A non-Kohen who eats or benefits from Terumah b'Mezid (intentionally) pays the value of the Terumah destroyed (i.e. the normal Halachah of damages applies to him, and not Tashlumei Terumah), and incurs the punishment of Misah b'Yedei Shamayim (according to the Beraisa brought in the Gemara (Sanhedrin 83a). According to Rav (Sanhedrin 83b) he is punished with lashes).

11)[line 33] AF REISHIS HA'GEZ CHAYAVIM ALAV MISAH V'CHOMESH- that is, even though Chomesh is paid only for eating Terumah, and the wool of Reishis ha'Gez cannot be eaten, benefiting from the wool is equivalent to eating it, since it is not edible (TOSFOS DH Iy)

12)[line 34]"[ , ,] [ ; ', ]""U'MESU VO"- "[And they shall keep My ordinance, and they not bear sin for it,] and die as a result [if they profane it; I, HaSh-m, do sanctify them]" (Vayikra 22:9).

13)[line 34]"[ ,] [] [ ]""V'YASAF ALAV"- "[And if a man eats of Terumah (lit. the holy thing) unwittingly, then] he shall add [its fifth part] to it, [and shall give the Terumah to the Kohen]" (Vayikra 22:14).

14)[line 35] RISHON V'SHENI ACHAREHA- (lit. a first and a second after it) the laws of Terumos and Ma'asros include different types of Ma'asros, including Ma'aser Rishon (the first Ma'aser) and Ma'aser Sheni (the second Ma'aser), which is separated after Ma'aser Rishon (RASHI; see Background to Chulin 131:9:a-e)

15)[line 35] , AF REISHIS HA'GEZ, RISHON V'SHENI ACHAREHA- perhaps we would expect to find a similar law with regard to Reishis ha'Gez, such that one would separate the first shearing of his sheep and give to a Kohen, and then separate the second shearing for a different purpose

16)[line 37] ME'CHADASH AL HA'YASHAN LO- one of the laws of Terumos and Ma'asros is that produce from one year may not be separated to fulfill the requirement of separating Terumos and Ma'asros from the produce of another year

17)[line 38] SHENAYIM U'SHELOSHA SHANIM- over a period of two or three years

136b----------------------------------------136b

18)[line 1] MI'MIN AL SHE'EINO MINO LO- one of the laws of Terumos and Ma'asros is that one type of produce may not be separated to fulfill the requirement of Terumos and Ma'asros for another type of produce

19)[line 14] ETZAH TOVAH- good advice for the seller, so that he should not suffer a loss by giving Reishis ha'Gez from the superior quality wool that he kept for himself to fulfill the requirement for the inferior quality wool that he sold

20a)[line 15]D'RAKICH- that is soft

b)[line 15]D'ASHUN- that is tough

21)[line 18], REISHIS, SHE'SHEYAREHA NIKARIN- a first portion that leaves behind a recognizable remainder

22)[line 25] HA'IDNA NAHUG ALMA K'HANEI TELAS SAVEI- now, the custom is for everyone to follow the rulings of those three elders, i.e. Chachamim

23)[line 29] EIN DIVREI TORAH MEKABLIM TUM'AH- the words of Torah do not receive Tum'ah; i.e. a person does not need to purify himself from Tum'as Keri (see Background to Zevachim 32:21) by immersing in a Mikvah in order to learn Torah

24)[line 32]CHARTZAN- a grape seed

25)[line 32] B'MAPOLES YAD- in one "throw of the hand," one act of planting

26)[line 45]MA'ASER (MA'ASER BEHEMAH)

(a)Every year, a person must collect all of the Kosher animals that were born during that year into a corral. As they leave the corral through a narrow opening, one by one, the owner counts them and marks every tenth one as Ma'aser Behemah. The Mitzvah of Ma'aser Behemah is stated in Vayikra (27:32), "v'Chol Ma'asar Bakar va'Tzon, Kol Asher Ya'avor Tachas ha'Shavet, ha'Asiri Yiheyeh Kodesh la'Sh-m" - "And all of the herds and flocks shall be tithed as they are counted under the rod, every tenth one being consecrated to HaSh-m."

(b)Ma'aser Behemah is eaten by its owner. If it has no Mum (blemish or defect), it is offered as a Korban. After the blood and Eimurim (certain fats and organs of the Korban; see Background to Menachos 74:20) are offered on the Mizbe'ach, its meat is eaten by its owner in Yerushalayim during the following two days and the intervening night. An animal of Ma'aser Behemah may not be sold (Vayikra 27:33); however, if it has a Mum, the owner may slaughter and eat it anywhere. (SEFER HA'CHINUCH #360-361)

27)[line 46]"[ ] ; [ ']""KOL ASHER YA'AVOR TACHAS HA'SHAVET"- "[And all of the tithes of the herds and flocks,] all that pass under the rod; [the tenth shall be sanctified to HaSh-m]" (Vayikra 27:32).

28)[line 47] PRAT L'TEREIFAH SHE'EINAH OVERES- to exclude an animal that is a Tereifah, that cannot walk

29)[line 48] ZECHARIM TEME'IM B'MERUBIN ME'RECHEM ADAM PASHUT LIFNEI HA'DIBUR- this is a mnemonic device that stands for the topics that are in common between Reishis ha'Gez and Ma'aser Behemah, as follows:

1.Zecharim refers to the fact that both Reishis ha'Gez and Ma'aser Behemah are not limited to male animals. The Bechor is only a male.

2.Temei'im refers to the fact that both Reishis ha'Gez and Ma'aser Behemah do not apply to non-kosher animals. Bechorah also applies to donkeys.

3.bi'Merubin refers to the fact that both Reishis ha'Gez and Ma'aser Behemah only apply when a person has a number of animals. The Bechor is a requirement even if a person only has one animal.

4.me'Rechem refers to the fact that both Reishis ha'Gez and Ma'aser Behemah are not automatically sanctified upon birth. The Bechor is automatically sanctified upon birth.

5.Adam refers to the fact that both Reishis ha'Gez and Ma'aser Behemah only apply to animals and not to people. Bechorah also applies to firstborn boys.

6.Pashut refers to the fact that both Reishis ha'Gez and Ma'aser Behemah apply to all of an animal's offspring, not only to the firstborn. The Bechor only applies to the firstborn.

7.Lifnei ha'Dibur refers to the fact that both Reishis ha'Gez and Ma'aser Behemah did not apply before the Torah was given. The Bechorah applied even before the Torah was given, as evidenced from the fact that the firstborn were sanctified in Egypt.

30)[last line] YASOM SHE'LEKACHO B'SHUTFUS NESANO BIFNEI KOHEN B'KEDUSHAH U'MECHIRAH- this is a mnemonic device that stands for the topics that are in common between Reishis ha'Gez and Bechor, as follows:

1.Yasom refers to the fact that both Reishis ha'Gez and Bechor apply to an animal, the mother of which died at birth. Ma'aser Behemah does not apply to a Yasom (Chulin 38b).

2.she'Lekacho refers to the fact that both Reishis ha'Gez and Bechor apply even to animals that have been purchased. Ma'aser Behemah does not apply to animals that were purchased.

3.b'Shutfus refers to the fact that both Reishis ha'Gez and Bechor apply to animals that are owned by partners. Ma'aser Behemah does not apply to animals that are owned by partners.

4.Nesano refers to the fact that both Reishis ha'Gez and Bechor apply to animals that were received as gifts. Ma'aser Behemah does not apply to animals that were received as gifts.

5.(a) Bifnei refers to the fact that both Reishis ha'Gez and Bechor apply whether or not the Beis ha'Mikdash is standing. Ma'aser Behemah only applies (mid'Rabanan) "in the presence of" ("Bifnei") the Beis ha'Mikdash (RASHI); (b) according to the Girsa Lifnei - when counting the animals to separate Ma'aser Behemah, if the ninth or eleventh animal was accidentally counted as the tenth, it becomes Kadosh. There is no parallel to this law in the laws of Reishis ha'Gez or Bechor (TOSFOS DH Lifnei)

6.Kohen refers to the fact that both Reishis ha'Gez and Bechor are gifts that are given to a Kohen. Ma'aser Behemah is not.

7.bi'Kedushah refers to the fact that one does not have to be Makdish Reishis ha'Gez and Bechor; a Bechor is Kadosh automatically upon birth, and Reishis ha'Gez is never Kadosh. Ma'aser Behemah is sanctified by the owner, as he marks it with a painted rod.

8.u'Mechirah refers to the fact that both Reishis ha'Gez and Bechor can be sold. Ma'aser Behemah cannot.

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