[14a - 35 lines; 14b - 42 lines]
1)[line 3]לא פסיקא מילתא לכרתLO PESIKA MILSA L'KARES- it cannot be stated in an unqualified manner that he will be punished with Kares [since Kares can be avoided through repentance]
2)[line 7]לחלקL'CHALEK (DAVAR SHE'HAYAH BI'CHLAL V'YATZA MIN HA'KLAL - An Exception that Modifies the Rule)
(a)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of these is Davar she'Hayah bi'Chlal v'Yatza Min ha'Klal l'Lamed, Lo l'Lamed Al Atzmo Yatza Ela l'Lamed Al ha'Klal Kulo Yatza. This means that when a verse teaches an example of a rule that has already been taught, the reason for this is to reveal a teaching relevant to the entire category. This rule can be applied in one of three possible ways:
1.If a Halachah not previously taught is included in the verse detailing the specific example, then this new teaching applies to the entire category.
2.If no new teaching is readily apparent, then Chazal search for that which may be revealed to us from the fact that one example is written separately. An example of this is the opinion of Rebbi Nasan regarding the prohibition against kindling a fire on Shabbos. Although this is included in the general prohibition against performing Melachah on Shabbos, it is nevertheless spelled out explicitly (Shemos 35:3). Rebbi Nasan maintains that this is l'Chalek - to teach that one need not perform all thirty-nine Melachos forbidden on Shabbos in order to be liable to punishment; the transgression of any one of them is sufficient.
3.If no new Halachah is apparent, then Chazal conclude that the reason why the example was singled out is to limit the category to those examples similar to the specified example. This functions similar to a Klal u'Frat u'Chlal (see Background to Mo'ed Katan 3:18).
(b)In the example in our Gemara, why does the Torah repeat the penalty of Kares (in Vayikra 20:17) for one who has relations with his sister? It must be teaching us "l'Chalek," that each one of the forbidden unions requires a separate Korban Chatas.
3)[line 8]עשאן כולם בהעלם אחדASA'AN KULAM B'HE'ELEM ECHAD- if one committed these transgressions in one period of forgetfulness
4)[line 10]מ"ואל אשה בנדת טומאתה [לא תקרב לגלות ערותה]""V'EL ISHAH B'NIDAS TUM'ASAH [LO SIKRAV L'GALOS ERVASAH]" (NIDAH - A Menstruating Woman)
(a)One may not have relations nor engage in intimate contact with his wife while she is a Nidah. See Background to Makos 13:16.
(b)This verse (Vayikra 18:19) could have simply stated, "And a Nidah you shall not approach." Why did it add, "אשה", "a woman"? Rebbi Yitzchak derives that one is liable to a separate Chatas for each individual woman.
5)[line 11]תיפוק (ליה) [להו] מהאTEIPOK (LEI) [LEHU] ME'HA- let them learn out from this (the extra word, "a woman"...)
6)[line 13]לחייבו על אחותו ועל אחות אביו ועל אחות אמוL'CHAYEVO AL ACHOSO V'AL ACHOS AVIV V'AL ACHOS IMO- to make one liable for three Chataos for having relations with this sister, his father's sister and his mother's sister
7a)[line 14]גופין מוחלקיןGUFIN MUCHLAKIN- they are different people
b)[line 15]שמות מוחלקיןSHEMOS MUCHLAKIN- different prohibitions
8)[line 17]ברשיעא בר רשיעאRESHI'A BAR RESHI'A- a transgressor, the son of a transgressor. Our case is that Reuven had relations with his mother, who bore him two daughters, Leah and Rachel. He then had relations with Rachel, who bore him a son called Levi. If Levi had relations with his mother's sister, Leah, he would then violate three different Kares prohibitions, since she is his mother's sister, his father's sister and his own sister.
9)[line 18]מקל וחומרKAL VA'CHOMER (KAL VA'CHOMER - An A Fortiori Argument)
In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of these is Kal va'Chomer. This is a logical argument in which proof of a law is shown by means of an already proven stronger law. A Kal va'Chomer can be applied to permit (i.e., something must be permitted since that which is more likely to be forbidden is already permitted) as well as to forbid (i.e., something must be forbidden since that which is more likely to be permitted is already forbidden). Because a Kal va'Chomer is based upon pure logic, one need not have a tradition in order to apply it. In this, a Kal va'Chomer differs from the other thirteen methodologies found in the Beraisa.
10)[line 20]באיטליז של עימאוםITLIZ SHEL IMA'UM- the meat market of Ima'um
11)[line 21]למשתהMISHTEH- wedding feast
12)[line 26]ונראין דבריםNIR'IN DEVARIM- it would seem
13)[line 29]קל וחומר פריכא הואKAL VA'CHOMER PERICHA HU- this Kal va'Chomer is flawed [so how can we use it as a source for this law]
14)[line 31]נפקא ליה מ"אחותו" דסיפאNAFKA LEI ME"ACHOSO" D'SEIFA- learn out from the extra word, Achoso, at the end of the verse [that a separate Chatas must be brought for transgressing with one's sister who is also the sister of both his parents]
15)[line 33]אחותו בת אביו ובת אמוACHOSO BAS AVIV U'VAS IMO- [he will be liable to Kares] for his [full] sister, the daughter of his father who is also the daughter of his mother
16)[line 34]שאין עונשין מן הדין(EIN ONSHIN MIN HA'DIN / EIN MAZHIRIN MIN HA'DIN)
We do not administer corporal punishments through deriving them from an exegetical process such as a Kal va'Chomer or Binyan Av (rather, it must be written in the Torah explicitly, or learned from a Hekesh or Gezeirah Shavah). For example, the Torah explicitly prohibits, with a punishment of Sereifah, a man from living with his daughter's daughter (Vayikra 18:10), but it does not explicitly mention one who lives with his own daughter. If not for a Gezeirah Shavah, we would not be able to administer a punishment to one who sins with his daughter, because "Ein Onshin Min ha'Din" (Sanhedrin 76a; see there for an exception to this rule, whereby if the Kal va'Chomer is not a real Kal va'Chomer but rather a Giluy Milsa (showing what the words in a verse mean), then the punishment can be derived through that Giluy Milsa). (See Insights to Nazir 44:1, Bava Kama 2:2.)
17)[last line]גמר עונש מאזהרהGAMAR ONESH ME'AZHARAH- he derives the verse regarding punishment from the verse that states the prohibition [of relations with a full sister]
18)[line 1]מאחותו דרישאME"ACHOSO" D'REISHA- from the extraneous expression, "his sister" that is in the beginning of the verse
19)[line 2]לחלק כרת למפטם ולסךL'CHALEK KARES L'MEFATEM UL'SACH- [that expression is used] to separate the Kares punishments of one who compounds the anointing oil, and one who anoints with the oil that Moshe Rabeinu compounded. (See Background to 13:29.) The Torah gives a separate warning for each prohibition but it includes them both under one mention of Kares. One might have thought that one who violates both in He'elem Echad would only incur a single Chatas; the Torah therefore had to divide them. Here, the word "Achoso" is not needed to require separate Chata'os in its own context of the forbidden unions, since that law is derived from the extra word "Ishah" (see entry #4, above). Therefore, by means of Im Eino Inyan (see Background to Sanhedrin 15:31b), this word can be applied to a different matter entirely.
20)[line 6]ונפקא ליה מ"ואיש אשר ישכב את אשה דוה [וגלה את ערותה... ונכרתו שניהם מקרב עמם]"NAFKA LEI MI"V'ISH ASHER YISHKAV ES ISHAH DAVAH [V'GILAH ES ERVASAH...]"- he derives it from the verse: "And if a man has relations with a menstruating woman... [they will incur Kares...]" (Vayikra 20:18). We already know that relations with a Nidah are punishable by Kares, as are all forbidden unions. Therefore, we derive that if a person transgresses the sins of several forbidden unions in He'elem Echad, he is liable to a Chatas for each one. The Torah's purpose of reiterating Kares in the context of Nidah must be to teach - through the device of Im Eino Inyan - that the other Kares transgressions, such as compounding and anointing with the Shemen ha'Mishchah, also carry separate Chatas obligations.
21)[line 15]"[כל הנגע במת בנפש האדם אשר ימות ולא יתחטא] את משכן ה' טמא, ונכרתה [הנפש ההִוא מישראל; כי מי נדה לא זֹרַק עליו, טמא יהיה, עוד טמאתו בו]'""[KOL HA'NOGE'A B'MES...] ES MISHKAN HASH-M TIMEI, V'NICHRESAH [HA'NEFESH HA'HI MI'YISRAEL; KI MEI NIDAH LO ZORAK ALAV, TAMEI YIHYEH, OD TUM'ASO VO]" (Bamidbar 19:13) (TUM'AS MES: MAGA, MASA, OHEL - The Spread of Spiritual Impurity through Contact with, the Carrying of, and a Canopy over a Corpse)
(a)If one comes into contact with or carries a Mes (dead body) or a part of a bone of a Mes at least the size of a Se'orah (a grain of barley), he becomes Tamei.
(b)When at least a k'Zayis of a Mes or the bones of a Mes are in a covered area which is at least one Tefach in length, width and height (such as in a room of a house), the Ohel (lit. tent) causes all (Jewish) people, vessels, and food which has been Huchshar l'Kabel Tum'ah (see Background to Eruvin 83:1) below it to become Tamei, while at the same time preventing anything above it from becoming Tamei. That is, an Ohel is both Mevi Es ha'Tum'ah (it spreads the Tum'ah underneath it) and is Chotzetz bi'Fnei ha'Tum'ah (intervenes between the Tum'ah and the space above the Ohel).
(c)In order for bones of a dead body to be Metamei b'Ohel, they must meet at least one of the following three conditions: 1. They constitute a quarter of a Kav (Rova ha'Kav); 2. They are the majority of the human body (this condition is fulfilled whether they are the majority of the build [Rov Binyano] of a body or whether they are the majority of the number [Rov Minyano] of the 248 bones of a body); 3. The bone is either a complete skull or a complete spinal column. This is in contrast to the minimum requirement for a bone to be Metamei through Maga (touching) or Masa (carrying); for these Tum'os it is enough for the bone to be the size of a Se'orah.
(d)In an Ohel ha'Mes, people, vessels, or food in the Ohel become Tamei even if the Mes only passes through without stopping. One who enters an Ohel ha'Mes becomes Tamei even if only part of his body enters the Ohel, and even if he enters backwards. A Mechitzah (partition) in an Ohel ha'Mes only prevents the spread of Tum'ah if it reaches the ceiling (RASH to Kelim 1:4).
(e)"[Whoever touches the dead body of any dead man, and does not purify himself,] defiles the sanctuary of HaSh-m, [and that soul] shall be cut off [from Yisrael; because the water of sprinkling was not sprinkled upon him, he shall be Tamei, his Tum'ah is yet upon him]" (Bamidbar 19:13). This verse teaches that one who enters the Mishkan or Beis ha'Mikdash while Tamei l'Mes is liable to Kares.
22)[line 18]"והנפש אשר תאכל בשר מִזֶּבַח השלמים אשר לה', וטמאתו עליו; ונכרתה [הנפש ההִוא מעמיה]'""MI'ZEVACH HA'SHELAMIM" (KORBAN SHELAMIM - The Shelamim Sacrifice)
(a)One may offer a Korban in the Beis ha'Mikdash as a Nedavah (voluntary sacrifice; Vayikra 1:2). One type of sacrifice available as a Nedavah is a Korban Shelamim (Vayikra 3). Some portions of this Korban are offered upon the Mizbe'ach, others are given to Kohanim, and yet others belong to the owner of the Korban.
(b)Korbenos Shelamim may consist of male or female sheep, cows, or goats. They are in the category of Kodshim Kalim (a lighter category of Kedushah), and may therefore be slaughtered anywhere in the Azarah (as opposed to Kodshei Kodshim, which are limited to the northern part). Before its slaughter, the owner places his hands on the head of his animal and leans on it with all of his might (Semichah). The blood of the Shelamim is applied to the northeastern and southwestern Keranos (corners of the Mizbe'ach) only, in such a way that there is Dam on all sides of the Mizbe'ach (Shenayim she'Hen Arba, see entry #33:a:2 below). Nesachim (see Background to Yoma 31:30) are offered together with a Korban Shelamim.
(c)The Chazeh (breast) and Shok (thigh) of the Shelamim are given to a Kohen (Vayikra 7:34). Certain fats and other parts of the Korban are burned upon the Mizbe'ach (Vayikra 3:3-4, 9-10, and 14-15). The owner and his guests, who may be either men or women, may eat the rest of the Korban within the borders of Yerushalayim. The meat may be cooked in any fashion, and must be consumed within two days and the intervening night. Our verse teaches that one who eats from the Korban Shelamim (or any Korban) while Tamei is liable to Kares.
23)[line 19]"[ושלשים יום ושלשת ימים תשב בדמי טהרה;] בכל קדש לא תגע [ואל המקדש לא תבא עד מלאת ימי טהרה]""B'CHOL KODESH LO SIGA..." (YOLEDES - The Halachic Status of a Woman After Birth - Vayikra 12:1-8)
(a)A woman who has given birth to a child is termed a Yoledes. Immediately following the birth, she is Teme'ah (spiritually impure). This means that she may not be intimate with her husband, enter the Beis ha'Mikdash, nor eat Kodshim (meat from sacrifices) or Terumah. A woman who experienced a miscarriage at least forty days after conception has the status of a Yoledes as well.
(b)Tum'as Yoledes is divided into two terms. During the initial term, she has the status of a Nidah (see Background to Bava Basra 24:4), even if she had not seen blood whatsoever during the birth. If she gave birth to a boy, this term lasts for seven days. If she had had a girl, then this term lasts for two weeks. At the end of this term, she may go to the Mikvah, and she is once again permitted to her husband.
(c)During the second stage, although she still may not enter the Beis ha'Mikdash nor eat Kodshim or Terumah, she remains permitted to her husband even while discharging blood. The blood that she sees during this period is termed "Dam Tohar." (The current practice is to consider a woman a Nidah whenever she sees blood, even during the period of Dam Tohar - see Insights to Nidah 25a.) This term lasts for thirty-three days following the first seven after the birth of a boy, and sixty-six days following the first fourteen after the birth of a girl. Thus, the total waiting period following the birth of a boy is forty days, and that following the birth of a girl is eighty days.
(d)Following the total waiting period after birth, any blood that a Yoledes discharges no longer has the status of Dam Tohar, rather, she would be considered a Nidah. Additionally, the Yoledes must offer a sacrifice known as a Korban Yoledes. This consists of a male sheep as a Korban Olah (see Background to Kidushin 55:3), and a dove or a turtledove as a Korban Chatas (see Background to Kinim 22:4). If she cannot afford the sheep, she may bring two doves or two turtledoves, one as an Olah and one as a Chatas. After offering this Korban, she may once again eat Kodshim and enter the Beis ha'Mikdash.
(e)"... She shall touch no consecrated thing" (Vayikra 12:4). This verse speaks of a woman undergoing her period of Tumah after childbirth, during which she cannot eat food that is "Kodesh." The Gemara will discuss to what type of Kodesh the verse refers, and whether it prohibits eating or even coming into contact with it.
24)[line 20]ברדלאBARDELA- the name of an Amora
25)[line 21]"טמא יהיה, עוד טמאתו בו""TAMEI YIHYEH; OD TUM'ASO VO"- see above, entry #21
26)[line 23]לא גמירLO GAMIR- he did not learn [from his Rebbi, and one cannot derive a Gezeirah Shavah on his own]
27)[line 24]לתרומהTERUMAH (TERUMAH GEDOLAH - The Portion of a Grain Crop Given to a Kohen)
(a)After a crop that is grown in Eretz Yisrael 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. Terumah is one of the twenty-four Matnos Kehunah (gifts given to Kohanim). Although the Torah does not specify how much to give, the Rabanan set the requirement at one fortieth, one fiftieth, or one sixtieth of the total crop, depending on the generosity of the landowner. Until Terumah and Ma'asros (tithes) have been properly separated, produce is termed "Tevel" and may not be eaten.
(b)Terumah must be eaten by Kohanim or their wives, unmarried daughters, and Nochri slaves, when they are Tehorim. If the wife of a Kohen is not herself the daughter of a Kohen, she may eat Terumah only as long as her husband or at least one of their joint descendants is alive (Vayikra 22:11, Bamidbar 18:11; see Nidah 44a). Our Gemara derives that one who is Tamei may not eat Terumah from the verse in Vayikra 22:4 (see following entry).
(c)A Kohen may eat Terumah only as long as it remains Tahor. The only options a Kohen has with Terumah that has become Tamei are to feed it to his animals or to burn it (Shabbos 25a; see Background to Shabbos 23:44).
28a)[line 25]"איש איש מזרע אהרן והוא צרוע או זב [בקדשים לא יאכל עד אשר יטהר...]""ISH ISH MI'ZERA AHARON V'HU TZARU'A O ZAV..."- "Any man from the seed of Aharon who is a Tzarua or a Zav, [he may not eat of the consecrated things until he becomes Tahor...]" (Vayikra 22:4).
b)[line 25]זב -ZAV (a) A Zav (Vayikra 15:1-15), a man who emits Zov two or three times, whether it is emitted in one day or in two or three consecutive days, is an Av ha'Tum'ah. Zov is a clear discharge with the appearance of the white of a sterile or spoiled egg, in contrast with semen, which has the consistency of fresh egg white. Zov can also be a pus-like discharge resembling the liquid from barley dough or soft barley batter. A man who emits Zov one time is Tamei like a Ba'al Keri (see Background to Nazir 47:9:b) and need only immerse and wait for nightfall to become Tahor.
(b)A man who emits a discharge that may be Zov is "checked" to determine whether or not he becomes a Zav. If this discharge came about b'Ones (due to an external cause), he is Tahor. The seven ways are 1. eating too much; 2. drinking too much; 3. carrying a heavy load; 4. jumping; 5. being sick; 6. (a) seeing a frightening sight (RASHI to Nazir 65b); (b) seeing a woman, even without having unclean thoughts (ROSH to Nazir ibid.); 7. having unclean thoughts.
(c)A Zav must count seven "clean" days (Shiv'ah Nekiyim) in which he sees no Zov in order to complete his purification process, as it states in Vayikra 15:13. On the seventh day or afterwards, he must immerse in a spring during the day. At nightfall he becomes Tahor, if he did not emit Zov again beforehand (ibid.).
(d)If a Zav emits Zov only two times, he does not bring a Korban. Even if the first time was b'Ones, as long as the second emission was not, he is Tamei. If he emitted Zov three times, whether it is emitted in one day or in two or three consecutive days, he must bring a Korban after he becomes Tahor in order to enter the Beis ha'Mikdash and to eat Kodshim. The Korban is two Torim (turtledoves) or two Benei Yonah (common doves), one offered as an Olah and one as a Chatas.
(e)In the case of three emissions, however, he is only obligated in a Korban if the first two were not b'Ones. The third emission may come about b'Ones according to the Rabanan. According to Rebbi Eliezer, he is only obligated in a Korban if all three emissions are not b'Ones (Nazir 65b). However, if the Zav had an emission during Shiv'ah Nekiyim, even b'Ones, all agree that this emission stops his count, and he must start counting again (Zavim ibid.).
29)[line 26]בזרעו של אהרןZAR'O SHEL AHARON- the descendants of Aharon [whether they are male or female]
30)[line 30]טמא שנגע בקדשTAMEI SHE'NAGA B'KODESH...- the Gemara begins its answer on behalf of Reish Lakish with these words.
31)[line 31]אזהרה (לאוכל, אתקוש) מדאיתקוש קדש למקדשAZHARAH (L'OCHEL) [MID'ISKUSH] KODESH L'MIKDASH- the warning against a Tamei person eating food that was Kodesh is derived from the verse's comparison (Hekesh) between the prohibition regarding sacrificial food and the prohibition regarding entering the Beis ha'Mikdash. This prohibition is punishable by Kares.
32)[line 32]בשר קדשBASAR KODESH- meat of Korbanos
33)[line 33]זריקת דמיםZERIKAS DAMIM (ZERIKAS HA'DAM - Applying the Blood of a Korban to the Mizbe'ach)
(a)The Dam ha'Nefesh (lifeblood) that exits the body of every Korban (sacrifice) following its slaughter is collected in a bowl (Kabalas ha'Dam). It is then applied to the Mizbe'ach. Depending upon the Korban, there are three possible ways that the blood is applied:
1.In the case of a Korban Chatas, it is applied to the Keranos (cubic Amah posts upon the corners of the Mizbe'ach) beginning with the southeastern corner of the Mizbe'ach and continuing to the northeastern, northwestern, and southwestern corners. The Kohen accomplishes this by dipping his finger into the bowl and then applying it to each corner.
2.The blood of Korbenos Olah (see Background to Kidushin 55:3), Asham, Shelamim (see Background to Kidushin 55:4), and Todah (see Background to Kidushin 51:7) is applied in a manner known as "Shetayim she'Hen Arba" - "two that are four." This means that the blood is applied twice, but to four sides of the Mizbe'ach. First the Kohen walks to the northeastern corner of the Mizbe'ach and applies the blood to the eastern and northern sides of the Mizbe'ach with a single swipe, and then he walks west and then south until he reaches the southwestern corner, at which point he applies the blood to the western and southern sides with a single swipe. This blood is applied below the Chut ha'Sikra (red line that horizontally divides the Mizbe'ach in half), whereas that of a Chatas is applied to the Keranos above the Chut ha'Sikra.
3.The blood of a Korban Pesach (see Background to Sukah 42:39), Bechor (see Background to Rosh Hashanah 28:41), or Ma'aser Behemah (see Background to Rosh Hashanah 18:15) is applied only once to the Mizbe'ach. This is accomplished through dashing it from the bowl within which it was collected against any side of the Mizbe'ach below the Chut ha'Sikra, with the exception of the southeastern corner.
(b)It is through this service that atonement is gained for he who offers the Korban (Vayikra 17:11).
34)[line 36]וכי כתיב טומאתוV'CHI KESIV "TUM'ASO"- the Gezerah Shavah used here establishes an analogy between the prohibition for a Tamei person to eat Kodesh food (according to Rebbi Yochanan, from the Pasuk in Vayikra 7:20), and the prohibition for a Tamei person to enter the Beis ha'Mikdash.
35)[line 40]דבר שיש בו נטילת נשמהDAVAR SHE'YESH BO NETILAS NESHAMAH- that which involves loss of life; namely, Kares
36)[line 41]מי איכא נטילת נשמה?MI IKA NETILAS NESHAMAH?- is there a loss of life? (No verse mentions any such punishment!)
37)[last line]כל לא תעשה שקדמו עשהKOL LO SA'ASEH SHE'KIDMO ASEH (LAV HA'NITAK L'ASEH - A Prohibition Corrected by a Positive Commandment)
(a)A Lo Sa'aseh she'Nitak l'Aseh describes a negative commandment (Lo Sa'aseh or "Lav") that is followed by a positive commandment (Aseh) instructing us what to do if the Lav was transgressed. Usually, the Aseh is an action that is performed to correct the Lav. For example, the Torah states, "Lo Sigzol" (You shall not steal - Vayikra 19:13); if someone transgresses this prohibition, the Torah tells him to correct his misdeed, "ve'Heshiv Es ha'Gezeilah" - "He shall return the stolen object" (Vayikra 5:23).
(b)At times the Aseh follows the Lav (e.g. Temurah - Vayikra 27:10, and Nosar - see Background to Pesachim 120:9) and at times it is found in a different Parshah altogether (e.g. Gezel).
(c)Rabah bar bar Chanah, in the name of Rebbi Yochanan, discusses a situation in which there is both a prohibition and a positive Mitzvah, but the order is reversed - the prohibition follows the positive Mitzvah. RASHI and TOSFOS explain further that he refers to cases when it would be possible to fulfill the Aseh even prior to transgressing the Lav.