MAKOS 17 - Dedicated by HaGaon HaRav Yosef and Ruthie Pearlman of London, England. May Hashem bless them with good health and all their material needs, and may they enjoy many years of Nachas and joy from their wonderful children and grandchildren.

[17a - 42 lines; 17b - 25 lines]

1)[line 1]קורא את השם ואינו צריך להפרישKORE ES HA'SHEM V'EINO TZARICH LE'HAFRISH- one may designate ma'aser ani of demai by name and you don't have to separate it physically from the produce

2)[line 2]ודאי טובלVADAI TUVLO- if there is a definite obligation to separate ma'aser ani, the produce is forbidden to eat because of tevel

3)[line 6]לא נחשדו עמי הארץ על מעשר דמאיLO NECHSHADU AMEI HA'ARETZ AL MA'ASER DEMAI- we do not suspect an Am ha'Aretz (an unlearned Jew who is lax in his Torah-observance; see Berachos 47b) regarding separating ma'aser ani of demai

4)[line 8]דטריחא ליה מלתאDE'TRICHA LEI MILSA- it is a troublesome matter for an am ha'aretz to separate ma'aser ani so he does not separate it

5)[line 14]כברייתאKIV'RIYASAH- the case of an ant is different because it is in the form in which it was created; i.e., a whole creature

6)[line 16]בריית נשמה חשובהBERIYAS NESHAMAH CHASHUVAH- a living creature is important

7)[line 19]קדשי קדשים(KODSHEI KODASHIM)

(a)The term Kodshei Kodashim refers to the Korbenos Olah, Chatas and Asham (and Menachos), which have a greater degree of sanctity. They may only be slaughtered in the northern part of the Azarah and those parts that may be eaten may only be eaten in the Azarah by male Kohanim.

(b)Kodshei Kodashim that become Pesulim (invalid), where the Pesul occurred before the Zerikas ha'Dam, were burned in the Beis ha'Deshen in the Azarah (see above, entry #23:a:2). This includes the meat and the Eimurim of Kodshei ha'Kodashim and the Parim and Se'irim ha'Nisrafim (the bulls and goats, the remains of which were burned).

8)[line 19]לקלעיםLA'KELA'IM- the curtains; i.e., one ate kodshei kodashim there which is forbidden

9)[line 19]קדשים קלים(KODSHIM KALIM)

(a)The term Kodshim Kalim refers to the Korbenos Shelamim, Todah, Ma'aser Behemah, Pesach and Bechor, which have a lesser degree of sanctity. They may be slaughtered in the entire Azarah (and not only in its northern part) and may be eaten in the entire city of Yerushalayim by men or women.

(b)The Eimurim are the fats and other parts of the Korban that are burned on the Mizbe'ach. They consist of: 1. the layer of fat covering the stomachs; 2. all other fat attached to the stomachs; 3. the two kidneys; 4. the fat on the kidneys; 5. The Yoseres, which is either the diaphragm (RASHI, RADAK) or a lobe of the liver (RAV HAI GA'ON) (Vayikra 3:3-4). When the Eimurim became Pesulim before the Zerikas ha'Dam, they were burned in the Beis ha'Deshen in the Azarah (see above, entry #23:a:2).

10)[line 19]מעשר שני -MA'SER SHENI (a) During the first, second, fourth and fifth years of the seven-year Shemitah cycle, the second tithe is called Ma'aser Sheni. Ma'aser Sheni must be brought to Yerushalayim and eaten there while one is in a state of purity (Devarim 13:22-28).

(b)If it is impractical to bring the actual food to Yerushalayim, Ma'aser Sheni produce may be redeemed with money. This money receives the status of Ma'aser Sheni, and is then brought to Yerushalayim. In Yerushalayim the money is used to buy food, which in turn receives the Kedushah of Ma'aser Sheni and must be eaten b'Taharah in Yerushalayim.

(c)If the owner of the Ma'aser Sheni redeems his own Ma'aser, he must add a fifth of the total value (equal to a quarter of the original value) onto the money used; if someone else redeems it, he may do so with money equal to the value of the Ma'aser.

(d)Until Terumah and Ma'asros have been properly separated, the produce is termed "Tevel" and may not be eaten. The word "Tevel" means a mixture, and can be used to refer to any produce from which one must separate a part. If one intentionally eats Tevel, then he receives Misah b'Yedei Shamayim (see Background to Sukah 25:25).

11)[line 20]השובר את העצם בפסח הטהורHASHOVER ES HA'ETZEM BA'PESACH HA'TAHOR- one who breaks the bone of a pesach offering that is tahor receives 40 lashes. The reason is that they have violated the prohibition of Exodus 12:46.

12)[line 21]המותירHA'MOSIR- the one who leaves the pesach offering overnight is forbidden but one does not receive malkus.

13)[line 24]זו דברי רבי עקיבא סתימתאהZU DIVREI REBBE AKIVA SETIMTA'AH- these are the words of Rebbi Akiva, the unnamed authority; i.e. Rebbi recorded many Mishnayos that follow the opinion of Rebbi Akiva without quoting his name

14)[line 28]קל וחומר ממעשר הקלKAL V'CHOMER MI'MA'ASER HA'KAL- we would know that prohibition through a kal v'chomer from ma'aser sheni, which is more lenient than bikurim.


15)[line 2]דילידא אימיה כרבי שמעון תילידDILIDA IMEI K'RABI SHIMON TELID- one whose mother is giving birth should pray that she give birth to one like R'Shimon.

16)[line 4]פירכאPIRCHA- a question

17)[line 6]לאונןL'ONEN - ANINUS - the Halachic status of a mourner immediately after a close relative's death)

(a)A person is called an Onen mid'Oraisa on the day of death of one of his seven closest relatives for whom he is required to arrange for burial (i.e. father, mother, brother, sister, son, daughter and wife). Chazal (Zevachim 101a) learn the Halachah of Aninus from the verse, "v'Achalti Chatas ha'Yom, ha'Yitav b'Einei HaSh-m?" (Vayikra 10:19). Among the Halachos that apply to an Onen is that a Kohen Onen is prohibited from doing the Avodah (divine service) in the Beis ha'Mikdash unless he is the Kohen Gadol (Vayikra 10:7, 21:1-4). Moreover, an Onen (even the Kohen Gadol) may not eat Kodshim, Terumah and Ma'aser Sheni.

(b)Besides the prohibition against an Onen performing the Avodah, eating Kodshim, etc. mid'Oraisa, the Rabanan extended the prohibitions even after Aninus mid'Oraisa has passed. However, the Tana'im and Rishonim argue as to the nature of this Gezeirah. They also argue as to whether Aninus mid'Oraisa always applies for the entire day or for part of the day in certain cases. With regard to these questions, Aninus may be broken into five time periods, as follows:

1.The day of death, before burial - according to all opinions Aninus mid'Oraisa applies, as above.

2.The day of death, after burial - according to Rashi (Pesachim 90b DH ha'Onen, Zevachim 15b DH Onen) only Aninus mid'Rabanan applies. According to the Ramban (Toras ha'Adam) Aninus mid'Oraisa still applies.

3.The night after the day of death (according to Rashi in #2, before burial; according to Ramban in #2, even after burial) - the Tana'im argue if the Aninus is mid'Oraisa or mid'Rabanan (Zevachim 99b). Most of the Rishonim rule that the Aninus is not mid'Oraisa but rather mid'Rabanan.

4.The days after the day of death, even if the body has not been buried - Aninus only applies mid'Rabanan (Zevachim 100b) until the end of the day of burial. Also on the day of "Likut Atzamos" (when the remains of one of the close relatives are exhumed and re-buried elsewhere), the Rabanan decreed that the person is an Onen for that entire day.

5.The night after the day of burial - the Tana'im (Zevachim 100b) argue whether the person is an Onen mid'Rabanan or not at all, and the Halachah follows the opinion that he is not an Onen at all.

6.If one is an onen, they are forbidden to eat ma'aser sheni. (See Devarim 26:14)a

18)[line 7]מתן דמים ואימורין לגבי מזבחMATAN DAMIM V'EIMURIN L'GABEI MIZBE'ACH- since it did not require that its blood be cast on the Mizbe'ach and that its Eimurim be burned upon the Mizbe'ach

19)[line 9]כסף צורהKESEF TZURAH- Ma'aser Sheni requires minted coins for its redemption.

20)[line 11]סמיכהSEMICHAH

(a)Semichah refers to the Mitzvah for a person to press his hands with all his might on the head of his animal sacrifice (and not a bird sacrifice) before it is slaughtered, as described in Vayikra (1:4).

(b)Women are not required to perform Semichah since the verse states, "Daber El Benei Yisrael...v'Samach" - "Speak to the sons of Yisrael (and not to the daughters)...and he shall perform Semichah" (Vayikra 1:2-4).

21)[line 12]ונסכיםUN'SACHIM - (a flour offering consisting of flour and oil, and a wine libation) are brought as part of the Korban (Bamidbar 15:3-12). The flour offering is completely burned on the Mizbe'ach and the wine is poured into one of the Sefalim (the silver libation pipes located at the top of the southwest corner of the Mizbe'ach) (RAMBAM and RA'AVAD Hilchos Ma'aseh ha'Korbanos 2:1). The amount of flour, oil and wine needed depends upon the animal offered, as specified in Bamidbar (ibid., see Background to Sotah 15:9).

(c)The hide of the Olah is given to the Kohanim and the rest of the animal is dismembered and entirely burned on the Mizbe'ach.

22)[line 12]ותנופתUS'NUFAS- Waving portions of certain Korbanos and meal-offerings is called Tenufah; the Kohen, together with the owner of the Korban (when it is not a Korban Tzibur), waves them in all four directions and up and down (RASHI Menachos 62a DH Molich. TOSFOS to Sukah 37b DH Kedei, ponders whether all Tenufos were done in this fashion, or whether some Tenufos only required lifting and lowering).

23)[line 12]חזהCHAZEH- breast

24)[line 12]ושוקV'SHOK- and the thigh

25)[line 14]כלילKALIL- it shall be entirely offered; it was totally burned on the fires of the Mizbe'ach

26)[line 16]דאית בהו שתי אכילותD'IS BEHU SHETEI ACHILOS- that it has two consumptions. The mizbe'ach consumes the sacrificial parts, and the kohanim consume the rest of the meat.

27)[line 19]מסרס ליה לקראME'SARES LEI LIKRA- he wondrously inverts the verse


We do not administer corporal punishments through deriving them from an exegetical process such as a Kal v'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 v'Chomer is not a real Kal v'Chomer but rather it is 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.)

29)[line 35]גמר עונש מאזהרהGAMAR ONESH ME'AZHARAH- let him learn out the punishment from the Torah