BACKGROUND TO THE DAILY DAF
Rosh Kollel: Rabbi Mordecai Kornfeld
[24a - 45 lines; 24b - 45 lines]
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.
 Gemara 24a [line 36]:
Should be corrected as suggested by Shitah Mekubetzes #10
 Gemara [last line]:
"Iy Efshi Bah, Devarav Kayamin; Beteilah Hi, Einah Matanah, Lo Amar Klum" אי אפשי בה דבריו קיימין בטלה היא אינה מתנה לא אמר כלום
The Girsa of the Gemara (Gitin 32a) and Rashi here is the opposite; in the Reisha "Lo Amar Klum," and in the Seifa "Devarav Kayamin" לא אמר כלום ... דבריו קיימין
 Rashi 24a DH Michdi : ד"ה מכדי
The words "Kelomar, d'Ha Yad'inan" כלומר דהא ידעינן
should be "Kelomar, b'Ha Yad'inan" כלומר בהא ידעינן
 Rashi DH b'Asham Taluy : ד"ה באשם תלוי
The words "Lo Samach a'Eidim" לא סמך אעדים are a new Dibur ha'Maschil
 Gemara 24b [line 36]:
Should be corrected as suggested by Shitah Mekubetzes #7. This is the Girsa of Rashi; however, it appears that Tosfos had our Girsa (see below, entry #11).
 Rashi 24b DH bi'Shelama : ד"ה בשלמא
The words "Aval l'Reish Lakish" אבל לריש לקיש
should be "Aval d'Reish Lakish" אבל דריש לקיש
 Rashi DH Ela l'Tana Kama : ד"ה אלא לתנא קמא
The words "Ha Ki Amar Sheni" הא כי אמר שני
should be "Hacha Ki Amar Sheni" הכא כי אמר שני
Should be corrected as suggested by Shitah Mekubetzes #14
1) [line 7] אי מירכס חדא IY MIRKAS CHADA - if one gets lost
2) [line 7] מיכפרנא באידך חבריה MICHPARNA B'IDACH CHAVREI - I will achieve atonement with the other one, its partner (lit. friend)
3) [line 10] שהוזמו עדיו SHE'HUZMU EDAV (EDIM ZOMEMIM)
(a) If two witnesses testify to a crime or an event and a later set of witnesses contradict their testimony by saying that the crime or event did not take place exactly as the first set of witnesses testified, all of the witnesses are termed Edim Mukchashin (contradictory witnesses), and Beis Din cannot use either testimony.
(b) If, however, two witnesses testify to a crime or an event and a later set of witnesses disqualifies that testimony by saying that the first two witnesses were with them in a different place at the time that the first witnesses claim that the act took place, the first witnesses are termed Edim Zomimin (conspiring witnesses). The Torah commands that the second set of witnesses is believed, rather than the first. In general, Edim Zomemin are punished with the punishment they tried to cause. (Devarim 19:16-21; see Mishnah Makos 5a.)
(c) The punishment of Edim Zomemin is administered to the Edim only if they succeeded in convicting the defendant of the alleged crime ("Achar Gemar Din") but before the sentence is carried out. The Gemara (Makos 5b) learns this Halachah from the words of the verse, "Ka'asher Zamam La'asos," v'Lo Ka'asher Asa - "as he conspired to do" (Devarim 19:19), but not as he conspired and did.
(d) The Rabanan of our Mishnah agree with Rebbi Meir in a case where the witnesses (who testified that the defendant needed to offer an Asham Taluy) were discovered to be Edim Zomemim. The defendant never believed that they were telling the truth, and as such, the animal may return to the flock since he was not in a state of "Libo Nokfo" when he separated it as an Asham Taluy.
4) [line 18] מאי חזית דציית לבתראי? MAI CHAZIS D'TZAYIS L'VASRA'I? - what do you see that makes you accept (lit. listen to) the latter [pair of witnesses]?
5) [line 23] כגון דהוכרה חתיכה KEGON D'HUKRAH CHATICHAH - such as when the remaining piece was recognized as Isur
6) [line 26] מנחת קנאות MINCHAS KENA'OS (SOTAH)
(a) A Sotah is a woman who is suspected of committing adultery because she was warned by her husband not to seclude herself with a certain man and she violated the warning. The process of warning her in front of witnesses is called Kinuy. The witnesses who see her seclude herself with the suspected adulterer are called Eidei Stirah. The time of seclusion must be at least for the time that it takes to roast an egg and swallow it. The woman is forbidden to her husband and the alleged adulterer until she drinks Mei Sotah (see (d), below). If she committed adultery after not heeding the warning of two witnesses, she is put to death by Chenek (choking), as it states in the Torah (Devarim 22:22). One witness to adultery ("Ed Tum'ah) prevents her from drinking the Mei Sotah.
(b) After Kinuy and Stirah, the husband must bring his wife to the Beis ha'Mikdash to perform the procedure of the Mei Sotah. On the way there, Beis Din appoints two Torah scholars to accompany them to make sure that they do not engage in marital relations, which are forbidden to them. Moreover, if the couple does have marital relations at this point, the Mei Sotah will not work, since the husband must be "Menukeh me'Avon," clear (lit. cleaned) of sin for the ceremony to work. The Gemara (Sotah 47b) explains that this means that he did not have relations with his wife from the time that she became prohibited to him, or with any other woman (ever) who was prohibited to him (RASHI to Sotah ibid.)
(c) The husband brings a sacrifice consisting of 1/10 of an Eifah (approximately 2.16, 2.49 or 4.32 liters, depending upon the differing Halachic opinions) of barley flour as a Minchah offering. Oil and Levonah are not added (Bamidbar 5:15), and Hagashah, Kemitzah and Haktarah are performed (see ). The Sheyarei ha'Minchah are eaten by the Kohanim. In the Azarah of the Beis ha'Mikdash, a Kohen reads Parshas Sotah, the portion of the Torah describing the curses with which a Sotah is cursed, out loud (in any language that the Sotah understands) and makes the Sotah swear that she has been faithful to her husband.
(d) An earthenware jug is then filled with half a Log of water from the Kiyor, and dirt from the floor of the Azarah is placed on top of the water. Parshas Sotah (that contains numerous appearances of HaSh-m's name) is written on parchment and then immersed in the water, which causes the ink to dissolve, erasing the Holy Names. The Sotah afterwards drinks from the water. If she was unfaithful to her husband and allowed herself to become defiled, the water would enter her body and poison her, causing her belly to swell out and her thigh to rupture. If she was faithful to her husband, she remained unharmed and would be blessed that she would become pregnant (Bamidbar 5:11-31). In times when there is no Mei Sotah such as in the present day, a Sotah must be divorced and does not receive her Kesuvah.
(e) If the witnesses to the Sotah process are found to be Edim Zomemim (see above, entry #3), the flour of the Minchas Kena'os becomes Chulin (unconsecrated).
7) [line 39] עיר הנדחת IR HA'NIDACHAS
(a) A city that was led astray (Nidach) to the extent that its inhabitants willfully 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. The Madichim, those who influenced the city to commit idolatry, are punished with Sekilah (stoning) (RAMBAM Hilchos Avodas Kochavim 4:1).
(b) Other requirements to classify a city as an Ir ha'Nidachas are that the Madichim must be male residents of the city and must be from the same tribe to which the city belongs. There must be at least two Madichim, who must influence the majority of the city (with a minimum of 100 people). In addition, the city cannot be a border town (RAMBAM ibid. 4:2).
(c) If the witnesses that testify against an Ir ha'Nicachas are found to be Edim Zomemim (see above, entry #3), the city and its possessions become Hefker (ownerless), allowing anyone to take possession of them. Each individual who knows that he did not commit Avodah Zarah nevertheless gives up hope of salvaging his possessions, since he assumes that the other inhabitants did commit Avodah Zarah, and, as a result, his possessions will likewise be destroyed.
8) [line 42] אמר ריש לקיש ... אי אפשי בה AMAR REISH LAKISH ... IY EFSHI BAH - Reish Lakish is teaching that the words "Iy Efshi" have a connotation of making an object Hefker. They do not just mean that the person wishes that the object was Hefker. (See Insights #2.)
9) [line 10] אם היה רבו שני כהן, אוכלין בתרומה IM HAYAH RABO SHENI KOHEN, OCHLIN B'TERUMAH - if their second master was a Kohen, they may eat Terumah (TERUMAH: ACHILAS EVED KENA'ANI BI'TERUMAH)
(a) After a crop is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.
(b) A non-Kohen may not eat Terumah or Terumas Ma'aser. The verse states "Kol Tahor b'Veischa Yochalenu" - "all who are ritually pure in your household may eat it" (Bamidbar 18:13), from which the Gemara learns (Menachos 84b) that women and Nochri slaves are permitted to eat certain Matnos Kehunah. The slave of a Kohen is permitted to eat Terumah as long as he is owned by the Kohen (Yevamos 66a, based on Vayikra 22:11). However, even Kohanim and their families and slaves may not eat Terumah unless they and the Terumah are Tehorim (ritually pure).
10) [line 20] מעוכב (ל)גט שחרור ME'UKAV (L')GET SHICHRUR - a slave who as yet has not received his bill of release (EVED KENA'ANI)
(a) A Jew may acquire a Nochri slave or maidservant (Eved Kena'ani or Shifchah Kena'anis) by purchasing the slave from a Jewish or Nochri master and making a Kinyan on the slave with either Kesef (paying money), Shtar (receiving a contract), Chazakah (having the slave work for him) or Chalipin - the same Kinyanim that are used in the purchase of real-estate (see ). In addition, an Eved Kena'ani can be acquired through Kinyan Meshichah, like moveable objects (see ). A Nochri can also be acquired as a slave by being captured (Gitin 38a). These Halachos, and the Halachos mentioned below, apply whether the slave is from the Kena'ani nation or from another nation. Nevertheless, the generic term used by the Mishnah and Gemara to refer to Nochri slaves is Eved "Kena'ani," since the Torah openly describes Kena'an as a slave (Bereishis 9:27; see RASHI to Kidushin 22b DH Sadeh).
(b) A Nochri slave must undergo a process of involuntary conversion, in which he is circumcised (in the case of a male slave) and immersed in a Mikvah, after which he becomes obligated in Mitzvos. Regardless of gender, a Nochri slave is obligated to keep only those Mitzvos that a Jewish woman is obligated to keep. The slave is not permitted to marry an ordinary Jew. When the slave is freed, he automatically becomes a full-fledged Jew and is obligated to keep all of the Mitzvos, like a normal convert. However, before he is freed, his exemption from certain Mitzvos, as well as his prohibition to marry a Jewish woman, are direct consequences of the slavery. The Rishonim refer to this as a "Kinyan Isur," a "prohibitive" Kinyan (see Rishonim to Gitin 38a, Kidushin 16a). Therefore, if a master declared his slave Hefker (ownerless), he is still not a Ben Chorin with respect to Isurim as long as he has not received his Get Shichrur (see (e), below). Another Halachic consideration of the slavery is that if the slave belongs to a Kohen, he is permitted to eat Terumah only as long as he is owned by the Kohen (Yevamos 66a, based on Vayikra 22:11).
(c) A slave does not independently own property. Rather, any object that the slave acquires automatically becomes the possession of his master. There is an argument among the Tana'im as to whether the slave can own something if it is specifically stipulated, at the time that it is given to him, that it should not become the master's (Kidushin 23a).
(d) It is not normally permitted to free a Nochri slave, and one who does so transgresses the Mitzvas Aseh of "l'Olam Bahem Ta'avodu" - "they shall be your slaves forever" (Vayikra 25:46; Gitin 38a). However, even if the slave is freed in violation of this Mitzvas Aseh, he indeed becomes a free man.
(e) A Nochri slave may obtain freedom from bondage in one of two ways: by having his master accept payment for his release, or by having his master give him a "Get Shichrur," a bill of release (Kidushin 22b). The Tana'im argue as to whether the payment for the slave's release must be made by others directly to the master ("Kesef Al Yedei Acherim") or whether the slave himself can own the money with which he purchases his freedom ("Kesef Al Yedei Atzmo"). Similarly, the Tana'im argue whether the Get Shichrur must be given to the slave himself ("Shtar Al Yedei Atzmo") or whether it must be given to another person, who accepts it on behalf of the Eved. (See Kidushin Chart #5.)
11) [line 37] מיתחזי כזבח פסול MISCHAZI K'ZEVACH PASUL - according to RASHI, Rav Ashi is only answering the Gemara's second question (why the Asham Vadai is burned after Zerikah). According to TOSFOS (whose text probably included the words in parentheses), Rav Ashi is answering both of the Gemara's questions (why the Asham Vadai is burned after Zerikah and why the Asham Taluy is burned before Zerikah). According to Rabeinu Gershom, who had the Girsa of the Shitah Mekubetzes #6, Rav Ashi is answering only the first question (why the Asham Taluy is burned even before Zerikah). (See Insights #3.)