[24a - 50 lines; 24b - 53 lines]
1)[line 1] MIGO D'PASLEI EDIM, PASLEI NAMI DAYANEI- since they (the litigant and another man along with him) have the power to invalidate witnesses, they also have the power to invalidate judges
2)[line 9] MAR SAVAR AMRINAN MIGO- the master (Ravin in the name of Rebbi Yochanan) holds that it is possible to use *this type* of Migo (see previous entry)
3)[line 13] K'ILU OKER HARIM V'TOCHANAN ZEH B'ZEH- as if he uprooted mountains and ground them together, a description of his uncanny power of intense reasoning and depth
4)[line 15] HACHI KA'AMAR: BO U'RE'EH KAMAH MECHABEVIN ZEH ES ZEH- This is what he (Ula) said, "Come and see how much they (the scholars of Eretz Yisrael) loved each other!" (That is, Ula words describing the power of Reish Lakish do not present a contradiction to the phrase that he used to describe Rebbi Meir, "Peh Kadosh" - "holy mouth." Rather, he meant that *even though* Reish Lakish was an Oker Harim v'Tochanan Zeh b'Zeh, he toiled to set straight the teaching of Rebbi Meir that did not make sense after a superficial reading. And in truth, this was the manner of all of the scholars of Eretz Yisrael.)
5)[line 16] ASUR L'HATMIN ES HA'TZONEN (HATMANAH: HATMANAS TZONEN)
(a)In order to keep food warm for the Shabbos day meal, it is heated on Friday and the pots are completely wrapped in insulating material (the process called Hatmanah) before sunset. If the material used adds heat to the food, the Hatmanah is prohibited.
(b)Rebbi initially wanted to include in the prohibition of Hatmanah the process of wrapping cold food (specifically cold water) in insulating material. However, when he was informed that Rebbi Yosi ben Chalafta ruled that this was permissible, he rescinded his opinion.
6)[line 17] KEVAR HORAH ZAKEN- [Since] the Torah-scholar (Rebbi Yosi) already ruled in this matter, [I rescind my ruling]
7)[line 19] HAYAH KAFUF V'YOSHEV LIFNEI REBBI- he was subordinate to Rebbi, even though he was a greater Torah-scholar than Rebbi (since Rebbi was the Nasi)
8)[line 19] MEMALE MEKOM AVOSAV HAVAH- he (Rebbi Yishmael b'Rebbi Yosi) filled his father's place, i.e. he achieved the same greatness in Torah-learning
9)[line 21] "... VA'EKACH LI SHENEI MAKLOS, L'ACHAD KARASI NO'AM UL'ACHAD KARASI CHOVLIM..."- "... and I took unto me two sticks, one I called "No'am" and the other one I called "Chovlim"..." (Zecharyah 11:7)
10a)[line 22] MAN'IMIN ZEH LA'ZEH B'HALACHAH- they are polite one to the other in [their process of learning the sources from which the will extract the] Halachah
b)[line 23] MECHABLIM ZEH LA'ZEH B'HALACHAH- they are intimidating one to the other in [their process of learning the sources from which the will extract the] Halachah
11)[line 23] "VA'YOMER, 'ELEH SHENEI VENEI HA'YITZHAR, HA'OMDIM AL ADON KOL HA'ARETZ.'"- "And he said, 'These are the two anointed ones, who stand by the Lord of all of the earth.'" (Zecharyah 4:14)
12)[line 25] SHE'NOCHIN ZEH LA'ZEH- who are pleasant one to the other. According to the Girsa of the Bach, *SHE'MESHAMNIN* ZEH LA'ZEH - who compromise to one another
13)[line 26] SHE'MERURIN- who are bitter
14)[line 26] "VA'ESA EINAI VA'EIRE V'HINEI SHTAYIM NASHIM YOTZ'OS V'RU'ACH B'CHANFEIHEM VELA'HENAH CHENAFAYIM K'CHANFEI HA'CHASIDAH, VA'TISENAH [ES] HA'EIFAH BEIN HA'ARETZ U'VEIN HA'SHAMAYIM."- "Then I lifted up my eyes, and looked, and, behold, there came two women, and the wind was in their wings, for they had wings like the wings of a stork, and they lifted up the Eifah measure between the earth and the sky." (Zecharyah 5:9) - Our Gemara explains that one of the reasons for the added difficulty of the exile (of those people who did not follow Ezra and return to Eretz Yisrael) was that the bad character traits of flattery and haughtiness were introduced (see MAHARSHA).
15)[line 28] "VA'OMAR EL HA'MAL'ACH HA'DOVER BI, 'ANAH HEMAH MOLICHOS ES HA'EIFAH?'"- "Then I said to the angel who talked with me, 'Where are they taking the Eifah measure?'" (Zecharyah 5:10)
16)[line 29] "VA'YOMER ELAI, 'LIVNOS LAH VAYIS B'ERETZ SHIN'AR; V'HUCHAN V'HUNICHAH SHAM AL MECHUNASAH.'"- "And he said to me, 'To build it a house in the land of Shin'ar; and when this is prepared, they will set it down there upon its base.'" (Zecharyah 5:11)
17)[line 29] ERETZ SHIN'AR- the land of Bavel (the city of Bavel is located in the land of Shin'ar, as mentioned in Bereishis 10:10. Later, the name Bavel came to refer to the entire area -- see RASHI to Bereishis 6:17)
18a)[line 30] CHANUFAH- flattery
b)[line 30] GASUS HA'RU'ACH- haughtiness of spirit
19)[line 31] KABIN- measures (although a Kav usually refers to the liquid measure equal to 4 Lugim, and which is 1/6th of a Se'ah, here it is a general term for a measure)
20)[line 31] GASUS- haughtiness
21)[line 31] EILAM- (a) Elam, ancient kingdom east of Babylon also known as Susiana (from the city Shushan); (b) Media (Bereishis Rabah 42:7). Mede (Medes, or Media) was an ancient empire northwest of the Persian Empire (between Persia and Assyria, south of the Caspian Sea). The Persians, an Aryan people, settled in southern Persia, while the Medes, also an Aryan people, settled in northwest Persia on the border with Assyria. As such, the Medes came into conflict with the Assyrians. Assyria was an ancient kingdom, linked culturally with Babylon, in northern Mesopotamia, lying mainly between the Tigris and Euphrates Rivers. Its capital was first at Assur and later at Nineveh. Assyria fell to Medes and Babylonia circa 610 BCE.
22)[line 32] ISHTARBUVEI D'ISHTARBEV L'EILAM- it eventually was dragged along to Eilam
23)[line 32] DEIKA NAMI, DI'CHESIV "LIVNOS LAH BAYIS B'ERETZ SHIN'AR"- this is also implied [by the verse], which writes, "to build for her a house." The Rishonim offer three explanations as to why this verse proves that only Chanufah (flattery) remained in Bavel, while Gasus (haughtiness) was dragged along to Eilam. (a) "to build for *her* a house" is written in the singular, and originally *two* women were seen flying towards Shin'ar, hinting that only Chanufah settled there (RASHI to Kidushin 49b, 1st explanation); (b) "*to build* for her a house" implies that the *intention* was to build for her (Gasus) a house, but it was never carried out (RASHI ibid., 2nd explanation); (c) the word "Lah" in the verse "to build *for her* a house" is written without a "Mapik" (a dot) in the letter "Hei," which is an exception to the rule. As such, it implies the word "Lo," i.e. a house was *not* built for Gasus (TOSFOS ibid. DH Livnos)
24)[line 33] SIMAN L'GASUS HA'RU'ACH, ANIYUS... ANIYUS TORAH- a sign of haughtiness of spirit is poverty in the field of Torah learning
25)[line 34] "ACHOS LANU KETANAH"- "We have a small sister" (Shir ha'Shirim 8:8)
26)[line 35] ZU EILAM SHE'ZACHSAH LILMOD V'LO ZACHSAH L'LAMED- this refers to Eilam, which merited to have [Torah scholars such as Daniel and Mordechai, who learned [the Torah] but did not merit to [have the proper disciples whom those scholars could] teach
27)[line 36] BELULAH B'MIKRA, BELULAH B'MISHNAH, BELULAH B'SALMUD- (a) [the Babylonian Talmud is] a mixture of Mikra, Mishnah and Talmud (TOSFOS, citing RABEINU TAM); (b) [the people learn] Mikra, Mishnah and Talmud concurrently, in a disorderly fashion (MAHARSHA, RASHASH)
28)[line 36] "B'MACHASHAKIM HOSHIVANI, K'MEISEI OLAM."- "He has set me in dark places, like the long ago dead." (Eichah 3:6)
29)[line 37] ZEH TALUMUDAH SHEL BAVEL- this is the Babylonian Talmud (see Insights)
30)[line 39] HAYAH CHAYAV L'CHAVEIRO SHEVU'AH (SHEVU'AH: D'ORAISA AND D'RABANAN)
(a)All Shevu'os d'Oraisa, oaths of Torah origin, involve making a Shevu'ah to *exempt* oneself from payment or liability, and not making a Shevu'ah to *extract* payment from someone. This is derived from the verse, "An oath of HaSh-m shall be between the two of them... and the owner shall accept it and *he shall not pay*" (Shemos 22:10). The Rabanan instituted certain oaths that do not follow this rule, where the person who swears *collects* his claim after he takes his oath (Mishnah Shevuos 44b).
(b)According to RASHI, a Shevu'ah d'Oraisa is more stringent than a Shevu'ah d'Rabanan, since it includes mention of the Holy name of HaSh-m and it is made while holding a Sefer Torah or Tefilin (Rashi to Kesuvos 88a DH Liyedei and to Gitin 35a DH Chutz l'Beis Din). According to others (TOSFOS to Kesuvos ibid. DH Maisi), however, both a Shevu'ah d'Oraisa and a Shevu'ah d'Rabanan include mention of the Holy Name and are made while holding a Sefer Torah. According to the ARUCH (Erech Heses, cited by Tosfos to Gitin ibid. DH Lo), when a Shevu'ah d'Oraisa is made, candles are extinguished to emphasize the severity of the Shevu'ah. This is not done when making a Shevu'ah d'Rabanan.
(c)Another difference between a Shevu'ah d'Oraisa and a Shevu'ah d'Rabanan, according to some Amora'im, is that a person who is obligated to make a Shevu'ah d'Rabanan can "reverse" the Shevu'ah and ask the other litigant to swear. In contrast, if the person is obligated to make a Shevu'ah d'Oraisa and he does not want to, he has to pay and he has no option of reversing the Shevu'ah (Shevuos 41a. There is, however, one Amora in the Gemara there who maintains that even a Shevu'ah d'Oraisa can be reversed onto one's opponent.)
(d)According to Tosfos (Kesuvos 88a DH Maisi), another difference involves a case where the person who is supposed to swear cannot be trusted ("Chashud a'Shevu'ah"). When the Shevu'ah is d'Oraisa, the may not swear and must therefore pay as if he has refused to swear. If the Shevu'ah is d'Rabanan, although he may not swear, he is allowed to collect (or to not pay) as though he has sworn, since he is prepared to swear if we allow him to do so.
31)[line 40] DOR LI B'CHAYEI ROSHCHA- Swear to me by your life (lit. by the life of your head)
32)[line 40] YACHOL LACHZOR BO- he can retract [his willingness to accept an oath b'Chayei Rosho" and demand a full Shevu'ah]
33a)[line 42] MACHLOKES B'MACHUL LACH- the argument between Rebbi Meir and the Chachamim involves a case where the claimant stated that if the judge that they accepted upon themselves (who is actually invalid mid'Oraisa) rules in favor of his opponent, he will forgo his claim
b)[line 42] AVAL B'ETEN LACH- but in a case where a litigant states that if the judge that they accepted upon themselves rules in favor of the claimant, he will give him whatever he claims
34)[line 48] RAVA, TA'AMA D'NAFSHEI KA'AMAR- Rava is expressing a personal opinion, different from the opinions of Rav Yehudah Amar Shmuel and Rebbi Yochanan (according to the assumption that Rebbi Yochanan holds that the Tana'im argue in both cases, "Machul Lach" and "Eten Lach")
35a)[line 4] TOLEH B'DA'AS ACHERIM- depending on the opinion of others (i.e. his father's or his opponent's father's decision in the case)
b)[line 4] TOLEH B'DA'AS ATZMO- depending on his own opinion (to forgo a full Shevu'ah or not)
36)[line 8] AVAL TOLEH B'DA'AS ATZMO, EIMA MODI LEHU L'RABANAN- but [it is possible that] when he only depends upon his own opinion, he (Rebbi Meir) agrees with the Rabanan (that he cannot rescind his decision to forgo his opponent's obligation to make a full Shevu'ah)
37)[line 12] LIFNEI GEMAR DIN- [after they litigants voiced their claims before the judges that they accepted upon themselves and] before the verdict is handed down
38)[line 32] B'SURA MASNEI HACHEI- in the Yeshiva of Sura, they learned the Sugya thusly (as Rav Ashi described the matter)
39)[line 33] B'PUMBEDISA MASNEI HACHEI- in the Yeshiva of Pumbedisa, they learned the Sugya as follows (as Rebbi Chanina bar Shelemyah described the matter)
40)[line 35] V'KANU MI'YADO- and he made a Kinyan [Sudar by taking a scarf or the like] from his hand (indicating that the verdict is binding as if the money had already changed hands, should the verdict be in favor of the claimant)
41)[line 36] EIN L'ACHAR KINYAN KELUM- there is nothing [to do] after a Kinyan is made; [the litigants cannot rescind their agreement]
42)[line 37] HA'PESULIN- the people who are disqualified [mid'Rabanan (see TOSFOS DH v'Elu) to judge or to give testimony]
43)[line 37] HA'MESACHEK B'KUVYA- a person who gambles with dice (or other forms of gambling -- RAMBAM Hilchos Edus 10:4) as his only livelihood
44)[line 38] HA'MALVEH B'RIBIS
(a)It is forbidden to lend money with interest (Shemos 22:24, Vayikra 25:36, Devarim 23:20). Even if interest is charged conditionally, and it is eventually not collected, the transaction is prohibited (and possibly mid'Oraisa, according to some Tana'im).
(b)The Torah forbids lending with interest only if the rate or amount of interest was fixed at the time that the loan was made. This is called Ribis Ketzutzah. If interest was paid but the amount paid was not fixed at the time of the loan, or if a higher price was paid in a *sale* in order that the seller should allow the buyer more time to complete his payment for the purchase, it is called Avak Ribis or Ribis d'Rabanan. In addition to these, certain payments that are not actually Ribis mid'Oraisa or mid'Rabanan were prohibited because they have similarities to Ribis. Chazal refer to this as "Ha'aramas Ribis."
(c)It is also forbidden to take money in order to allow the borrower more time to complete the payment of the loan. (Such payment is known as "Agar Natar.") Any reward for waiting [to receive one's money] is prohibited. This is the general principle that sums up the prohibitions of Ribis d'Oraisa and Ribis d'Rabanan.
(d)Our Mishnah deals with people who are Pasul mid'Rabanan. As such, ha'Malveh b'Ribis refers to Ribis she'Einah Ketzutzah, or even Ribis Ketzutzah, and the borrower is not disqualified mid'Oraisa, since he feels that he is doing nothing wrong when he Pays Ribis of his own volition.
45)[line 38] MAFRICHEI YONIM- (a) a person who races pigeons (or any other animals) as his only livelihood; (b) "Ara," (O.F. estalon - a baiting bird) a person who uses a trained pigeon (or any other animal) to entice other pigeons (or animals) into leaving their dovecote (or pens) and coming to the house of the owner of the Ara
46)[line 38] SOCHAREI SHEVI'IS - sinners who sell the produce of the Shemitah year (SHEVI'IS)
(a)The Torah requires that farmers desist from working the land every seventh year, as described in Vayikra 25:1-7. The fruits that grow during the seventh (Shevi'is) year are holy to the extent that 1. they must be considered ownerless; anyone may come into any field and pick the fruit that he intends to eat. 2. The fruits may not be bought and sold in a normal fashion (see Insights to Sukah 39:2). 3. The Torah requires that the fruits of Shevi'is be used only for eating or drinking (in the normal manner of eating for that type of fruit) or for burning to provide light (in the case of oil). They may not be wasted or used for medicinal purposes or animal fodder, etc.
(b)One may not do any work with the land or with trees growing from the land that makes improvements.
(c)The Shemitah year is meant to teach the Jewish people to rely on HaSh-m for their sustenance, a fact that is not always clear to them during the six years in which they work their own fields.
(d)According to the Ramban, people who buy and sell produce of Shevi'is transgress the Mitzvas Aseh of "l'Ochlah" -- one must eat the fruit, as opposed to bartering or selling it (RAMBAN, Mitzvos added to the Sefer ha'Mitzvos of the Rambam, third Mitzvah). The money with which the produce is bought becomes Kadosh with Kedushas Shevi'is and must be used to buy foods that will be treated in the above manner.
47)[line 40] OSFEI SHEVI'IS- those who gather in the produce of the seventh year (this is not a prohibited action per se, and the Gemara (Daf 26a) explains this phrase)
48)[line 40] MISHE'RABU HA'ANASIN- when the bandits increased (see Gemara Daf 26a)
49)[line 40] CHAZRU LIKROSAN- they reverted to calling them
50)[line 42] UMNUS- livelihood
51a)[line 45] MISHUM D'HAVAH ASMACHTA - since it (Mesachek b'Kuvya, gambling) is a case of Asmachta (ASMACHTA)
(a)Asmachta refers to "reliance" upon a particular eventuality or a conditional [monetary] obligation which the party or parties involved undertake without full commitment. The reason that the party involved does not commit himself fully is because his obligation is contingent upon the fulfillment of a condition that he anticipates will not be fulfilled. (An example of this is when gamblers place wagers, where neither of them expects to lose the wager.)
(b)The Tana'im, Rebbi Yosi and Rebbi Yehudah, argue as to whether such a commitment is binding or not.
b)[line 45] V'ASMACHTA LO KANYA- and Asmachta is not biding (see previous entry)
52)[line 46] KOL KI HAI GAVNA LAV ASMACHTA HI- any of these types [of gambling] is not an Asmachta
53)[line 47] EIN ASUKIN B'YISHUVO SHEL OLAM- they are not active members of the civilized world (lit. they are not working for the settlement of the world)