[34a - 48 lines; 34b - 51 lines]

1)[line 10] TALMUD LOMAR "ECHAD LO YA'ANEH V'NEFESH LAMUS"- The word "Echad" in this verse specifically refers to a student, since he is "Eino Min ha'Minyan" (i.e. a "Yachid") when he argues l'Chovah. If he argues li'Zechus, he is promoted to the judge's bench and counted among the Mezakim (Mishnah Daf 40a) (YT)

2)[line 14] L'MACHARAS- on the next day (in a capital case, when the judges notice that they are leaning towards convicting the defendant at the end of the day on which the trial began, they must put off the sentencing for the next day, so that they may try during the night to find reasons to acquit him)

3a)[line 15] HA'MEZAKEH OMER: "ANI HA'MEZAKEH U'MEZAKEH ANI BI'MEKOMI"- the Mezakeh (the judge who argued to acquit the defendant) says, "I am the one who was Mezakeh [yesterday] and I am still Mezakeh [today]"

b)[line 16] HA'MECHAYEIV OMER: "ANI HA'MECHAYEIV U'MECHAYEIV ANI BI'MEKOMI"- the Mechayeiv (the judge who argued to convict the defendant) says [if he has not found a Zechus and has not changed his mind overnight], "I am the one who was Mechayeiv [yesterday] and I am still Mechayeiv [today]"

4)[line 23] TANA A'ZECHUS KA MEHADER- the Tana prefers to mention the side of Zechus (merit) [for the defendant, even though he could just have easily mentioned the other side, also]

5)[line 25] ECHAD MIN HA'TALMIDIM SHE'ZIKAH U'MES- one of the students who argues in favor of the defendant and then died (a student who argues li'Zechus is elevated to the judge's bench and is counted with them for that day -- Mishnah Daf 40a)

6)[line 27] SHALCHU MI'TAM- the Chachamim sent [a teaching] from there (from Eretz Yisrael to Bavel, in the name of Rebbi Yosi b'Rebbi Chanina)

7)[line 27] L'DIVREI REBBI YOSI BAR CHANINA MUTZA MI'CHELAL RABEINU- the words of Rebbi Yosi bar Chanina exclude [the Halachah of] our Rebbi (i.e. Rav)

8)[line 28] "EIN MUTZA" ITMAR- "*do not* exclude," was said

9)[line 28] SOFREI HA'DAYANIN- the scribes of the judges, who are present at court cases to record the proceedings

10)[line 32] TA'AM ECHAD MI'SHNEI MIKRA'OS- one Halachah (lit. reasoning) from two verses

11)[line 35] OZ- strength, majesty (Tehilim 62:12)

12)[line 37] "[HALO CHOH DEVARI KA'ESH, NE'UM HASH-M,] UCH'FATISH YEFOTZETZ SALA."- "[Behold! My words are like fire,] (a) and like a hammer that shatters a stone into many fragments." (RASHI to Shabbos 88b DH Mah Patish); (b) "... and like a hammer that is shattered to pieces when it strikes the hard stone." (RABEINU TAM, cited by TOSFOS) (Yirmeyahu 23:29)

13)[line 37] MISCHALEK L'CHAMAH NITZOTZOS- (a) [the stone] is split into a number of pieces [by the hammer] (RASHI to Shabbos 88b); (b) [the hammer] is split into a number of pieces [because it hit the very hard stone] (TOSFOS)

14)[line 39] MIZBE'ACH MEKADESH ES HA'RA'UY LO- the Mizbe'ach sanctifies that which is fit for it, even if was invalidated for Divine service (as described in Zevachim 83a-84b)

15a)[line 39] KOL HA'RA'UY LA'ISHIM- anything that is fit to be placed on the bonfires that are on the Mizbe'ach

b)[line 40] IM ALAH LO YERED- if it went up [onto the Mizbe'ach,] it does not come down

16)[line 40] "... HA'OLAH AL MOKEDAH [AL HA'MIZBE'ACH KOL HA'LAILAH AD HA'BOKER...]"- "[Command Aharon and his sons, saying, 'This is the Torah of the burnt offering; it is] the burnt offering, burning on its bonfire [upon the Mizbe'ach all night until the morning, and the fire of the Mizbe'ach shall be burning in it.]'" (Vayikra 6:2) - RASHI writes that the words "Al Mokedah... Kol ha'Lailah" - "on its bonfire... all night" show that when a Kohen places part of a Korban that was Nifsal onto the Mizbe'ach, it stays there and is not taken down. The verse must be referring to Pesulim, since it does not need to teach that parts of Korbanos that were *fit* for the Mizbe'ach can stay there all night.

17a)[line 47] HA'DAM (ZERIKAS DAM)

(a)The blood of Korbanos was either cast onto the sides of the Mizbe'ach or applied to the sides or the Keranos (horns) of the Mizbe'ach. This was the main service that accomplished the atonement for which HaSh-m commanded that the sacrifices be offered, as the verse states, "Ki ha'Dam Hu, ba'Nefesh Yichaper" - "for it is the blood that makes an atonement for the soul" (Vayikra 17:11).

(b)The Tana'im argue as to whether blood that became Nifsal after the Korban was brought to the Azarah of the Beis ha'Mikdash, which was placed on the Mizbe'ach, may remain there or must be removed. According to Raban Gamliel, who learns that anything that is fit for the Mizbe'ach had it not become Nifsal, may remain there, this blood, too, may remain there. Rebbi Yehoshua, who learns that anything that is fit *for the bonfire* of the Mizbe'ach had it not become Nifsal, may remain there, argues, since blood is never cast onto the bonfire.

b)[line 47] NESACHIM

(a)The Nesachim are wine libations that are brought together with a Korban Shelamim or Olah, whether the Korban is offered by the Tzibur (Bamidbar 28:11-15, 20-21) or by an individual (Bamidbar 15:3-16). They are brought along with the Minchas Nesachim, a meal offering that is offered with these Korbanos.

(b)See Background to Kidushin 37:12 for the details of the Nesachim.

(c)The Tana'im argue as to whether Nesachim that became Pesulim after the Korban was brought to the Azarah of the Beis ha'Mikdash, which were placed on the Mizbe'ach, may remain there or must be removed. According to Raban Gamliel, who learns that anything that is fit for the Mizbe'ach had it not become Nifsal, may remain there, these Nesachim, too, may remain there. Rebbi Yehoshua, who learns that anything that is fit *for the bonfire* of the Mizbe'ach had it not become Nifsal, may remain there, argues, since Nesachim are never cast onto the bonfire.

34b----------------------------------------34b

18)[line 1] "... KOL HA'NOGE'A BA'MIZBE'ACH YIKDASH."- "... anything that touches the Mizbe'ach will become holy." (Shemos 29:37)

19)[line 2] "[V'ZEH ASHER TA'ASEH AL HA'MIZBE'ACH,] KEVASIM [BENEI SHANAH SHENAYIM LA'YOM TAMID.]"- "[And this is what you should sacrifice on the Mizbe'ach,] lambs [that are within their first year, two for each day, always.]" (Shemos 29:38)

20)[line 3] "(OLAH) [OLAS] [TAMID L'DOROSEICHEM, PESACH OHEL MO'ED LIFNEI HASH-M...]"- "[A permanent] burnt offering [for your generations, at the entrance of the Tent of the Meeting, before HaSh-m...]" (Shemos 29:42)

21a)[line 1] RA'UY- that which is fit to be offered on the Mizbe'ach (such as the blood of the sacrifices or the Nesachim, even if they were rendered unfit)

b)[line 2] EINO RA'UY- that which is never fit to be offered on the Mizbe'ach (such as sourdough, honey, deer, gazelles or Chulin)

22)[line 7] OLAS HA'OF PESULAH - an Olas ha'Of that was rendered invalid (OLAS HA'OF)

The offering of the Olas ha'Of (e.g. in Vayikra 1:14-17) consists of four procedures:

1.MELIKAH - On the Sovev (see Background to Yoma 22:13) of the Mizbe'ach, on the *southeastern* corner, the Kohen cuts the back of the neck of the bird with his right thumbnail, making sure to cut both Simanim (the trachea and the esophagus). (If the southeastern corner of the Sovev is crowded with Kohanim offering the Olas ha'Of, then the additional Olas ha'Of Korbanos are offered on the southwestern corner of the Mizbe'ach.)

2.MITZUY - The Kohen presses the cut part of the head and body of the bird onto the wall of the Mizbe'ach, above the Chut ha'Sikra (red line) that is located halfway up the Mizbe'ach.

3.HAKTARAS HA'ROSH - The Kohen salts the head and throws it into the fire on the Mizbe'ach.

4.HAKTARAS HA'GUF - The Kohen cuts out the crop and surrounding feathers of the bird (or, according to some Tana'im, the crop and the intestines -- Zevachim 65a) and throws them to the ash-pile at the side of the ramp of the Mizbe'ach. He then tears the bird apart (Shesiya), salts it, and throws it into the fire.

23)[line 11] "DAM YECHASHEV LA'ISH HA'HU, DAM SHAFACH"- "it shall be considered as bloodshed for that person, he has spilled blood" (Vayikra 17:4)

b)[line 11 DAM YECHASHEV (SHECHUTEI CHUTZ)

The Torah obligates a person to bring all Kodshim that are fit to be offered as sacrifices to the Beis ha'Mikdash, as it states in Vayikra 17:1-7. Besides the Mitzvas Aseh, there is a Lav prohibiting their slaughter outside of the Azarah (Shechutei Chutz). The punishment for transgressing this is Kares (ibid. 17:4; SEFER HA'CHINUCH Mitzvah #186), and the animal remains Asur b'Hana'ah (i.e. it is prohibited to derive any benefit from it).

24)[line 12] L'RABOS ES HA'ZOREK- to include (i.e. to prohibit) one who casts the blood [of a Korban outside of the Azarah of the Beis ha'Mikdash]

25a)[line 13] "... O ZAVACH."- "[And you shall say to them, 'Whoever there is of the house of Yisrael, or of the strangers who sojourn among you, who offers a burnt offering] or sacrifice. [And does not bring it to the door of the Tent of Meeting, to offer it to HaSh-m, that man shall be cut off from among his people.']" (Vayikra 17:8-9)

b)[line 13] O ZAVACH (HA'MA'ALEH BA'CHUTZ)

The Torah obligates a person to bring all Kodshim that are fit to be offered as sacrifices to the Beis ha'Mikdash, as it states in Vayikra 17:1-7. Besides the Mitzvas Aseh, there is a Lav prohibiting burning them or parts of them outside of the Azarah (Ha'ala'as Chutz). The punishment for transgressing this is Kares (ibid. 17:9; SEFER HA'CHINUCH Mitzvah #186), and the animal remains Asur b'Hana'ah (i.e. it is prohibited to derive any benefit from it).

26)[line 16] SHACHAT V'ZARAK IKA BEINAIHU- slaughtering and casting the blood [in one He'elem (period of forgetfulness)] is a case where they argue (and as such, we have not found an instance of "Ta'am Echad mi'Shenei Mikra'os")

27)[line 20] "SHAM TA'ALEH OLOSECHA V'SHAM TA'ASEH"- "[But only in the place which HaSh-m shall choose in one of your tribes,] there you shall offer your burnt offerings, and there you shall do [all that I command you.]" (Devarim 12:14)

28)[line 20] ARVINHU RACHMANA L'CHULHU ASIYOS- HaSh-m (lit. the Merciful), in the Torah, mixed together all of the procedures [that are employed to sacrifice a Korban]

29)[line 21] (SIMAN MiSHPa"T Ma'ANe"H MaTeH) - this is a mnemonic device for remembering the three statements in this Perek of Rav Acha bar Papa (see DIKDUKEI SOFRIM #80, who shows that this is the correct Girsa here -- and not Rav *Chiya* bar Papa -- from the Girsa in the Kalrsroh manuscript and the RIF; see MAHARSHA and MARGOLIYOS HA'YAM)

1.*Mishpat* refers to "Amar Rav (Chiya) [Acha] bar Papa d'Amar Kera, *v'Shaftu*..." (line 22)

2.*Ma'aneh* refers to "Amar Rav Acha bar Papa Amar Kera, Lo *Sa'aneh* Al Riv..." (Daf 36a, line 35)

3.*Mateh* refers to "Amar Rav Acha bar Papa d'Amar Kera, Lo *Sateh* Mishpat..." (Daf 36b, line 6)

30)[line 22] IY HACHI, TECHILAS DIN NAMI!?- If so, the outset of court cases also [should be able to be at night]!?

31)[line 23] "V'HAYAH B'YOM HANCHILO ES BANAV"- "And it shall be that on the *day* that he bequeaths to his sons" (Devarim 21:16)

32)[line 25] "... AL PIHEM YIHEYEH KOL RIV V'CHOL NAGA."- "[And the Kohanim, the sons of Levi, shall come near, for HaSh-m, your G-d, has chosen them to minister to Him, and to bless in the name of HaSh-m;] by their word shall every controversy and every affliction [be tried]." (Devarim 21:5)

33)[line 26] RIVIM- controversies, court cases

34)[line 26] NEGA'IM

(a)When a Jew develops a mark on his body the size of a Gris (a Cilician bean, approximately the size of a dime) that looks like the skin disease of Tzara'as, a Kohen must be summoned to ascertain whether or not it is a Nega Tzara'as. (Depending on the type of mark, this is determined by different factors -- see below, (b).) The Kohen inspects the mark during the day, but not in bright sunshine and not under conditions that obstruct the sunlight, such as a cloudy day or a darkened room. If it is indeed a Nega Tzara'as, the Kohen pronounces him Tamei, initiating a one or two-week period of quarantine or "Hesger" (depending on the type of blemish). During this period, he is known as a Metzora Musgar. If no "Simanei Tum'ah" (signs of Tum'ah - see Background to Bava Metzia 86:29) appear in the mark during that time, the Kohen pronounces the Metzora Musgar to have become Tahor. If Simanei Tum'ah do appear in the mark at the end of the first or second week of Hesger - or even when the Kohen first sees the Nega or after the Metzora has become Tahor - the Kohen pronounces him a Metzora Muchlat. A Metzora Muchlat remains Tamei until his Simanei Tum'ah go away, after which the Kohen pronounces him to have become Tahor.

(b)There are four types of blemishes that constitute Neg'ei Tzara'as (blemishes or marks of the skin disease Tzara'as) that affect a Jewish person: Nig'ei Basar; Shechin or Michvah; Nesek; Karachas or Gabachas. (For a detailed description of the Halachos of a Metzora, a person afflicted with Tzara'as, see Bava Metzia 86:29. For a full discussion of the process by which a Metzora becomes Tahor, see Background to Kidushin 35:24.)

35)[line 26] MAH NEGA'IM BA'YOM- just like Nega'im must be inspected by the Kohen during the day (see previous entry, (a))

36)[line 27] "UV'YOM HERA'OS BO BASAR CHAI YITMA"- "But if raw flesh appears in him, he shall be unclean." (Vayikra 13:14)

37)[line 27] SUMIN- blind people

38)[line 27] "... L'CHOL MAR'EH EINEI HA'KOHEN."- "[And if Tzara'as breaks out in the skin, and the mark covers all the skin of him who has the disease from his head to his foot,] wherever the Kohen looks." (Vayikra 13:12) - This verse excludes blind Kohanim and even a Kohen who is a Suma b'Achas me'Einav (blind in one eye).

39)[line 30] "ADAM KI YIHEYEH B'OR BESARO SE'ES O SAPACHAS O VAHERES, V'HAYAH V'OR BESARO L'NEGA TZARA'AS, V'HUVA EL AHARON HA'KOHEN O EL ACHAD MI'BANAV HA'KOHANIM."- "When a man shall have on his skin a swelling, a scab, or bright spot, and it looks like the disease of Tzara'as, then he shall be brought to Aharon the Kohen, or to one of his sons, the Kohanim." (Vayikra 13:2)

40)[line 31] HA'HU SAMYA D'HAVAH B'SHIVEVUSEI D'REBBI YOCHANAN- that certain blind person who lived in the neighborhood of Rebbi Yochanan (the RIF, and RASHI cited by the CHIDUSHEI HA'RAN write that he was only blind in one eye -- see MARGOLIYOS HA'YAM #16-17)

41)[line 32] D'HAVAH KA'DAYIN DINA- who judged court cases

42)[line 33] HALACHAH KI'STAM MISHNAH- the Halachah follows the anonymously-authored Mishnah

43)[line 36] MAI ULMEI D'HAI STAMA ME'HAI STAMA?- Why is this Stam Mishnah stronger that the other one?

44)[line 37] GABEI HILCHESA D'DINA- together with the laws of court matters

45)[line 38] YOM HA'ME'UNAN- a cloudy day

46a)[line 39] SHACHARIS- the first three hours of the day

b)[line 39] BEIN HA'ARBAYIM- the last three hours of the day

47)[line 40] KEHAH NIR'EIS AZAH- [a] dim [mark] seems to be bright [and appears to be Tamei]

48)[line 40] TZAHARAYIM- the middle two hours of the day (as such, Kohanim inspect marks to determine if they are marks of Tzara'as on during the fourth, fifth, eighth and ninth hours of the day (Nega'im 2:2; RAMBAM Hilchos Tzara'as 9:6))

49)[line 42] ATAH MAPIL NACHALOS- you may give over inheritances [only during the day]

50a)[line 43] MAN D'SHACHIV B'YEMAMA- someone who dies during the day

b)[line 43] YERSUN LEI BENEI- [it is only *he*] whose sons inherit him

51)[line 44] DIN NACHALOS- the judgement of matters regarding inheritance (that during the day, the last will and testament of a dying person are binding, and judges are not necessary; during the night, those present can only have the status of witnesses, and must testify before a Beis Din -- RASHI)

52)[line 45] "V'HAYESAH LI'VNEI YISRAEL L'CHUKAS MISHPAT"- "[And if his father has no brothers, you shall give his inheritance to his relative who is closest to him from his family, and he shall inherit it;] and it shall be to the people of Yisrael a statute of judgment, [as HaSh-m commanded Moshe.]" (Bamidbar 27:11)

53)[line 45] UR'AH KOL HA'PARSHAH KULAH LIHEYOS DIN- (a) [since] the section [of inheritance in the Torah] ends with the words Chukas Mishpat, it reveals that laws of inheritance are set l'Halachah such that whatever the dying man commands at the time of death becomes binding (RASHI, see CHOCHMAS MANO'ACH); (b) the entire section [of law concerning the division of inheritance] was revealed to be subject to the requirements of normal judicial procedure (RASHBAM to Bava Basra 113b); (c) all of those present [at the dying man's side when he announced his will for the inheritance of his property] were given the status of judges (TOSFOS to Bava Basra ibid.)

54)[line 46] SHELOSHAH SHE'NICHNESU L'VAKER ES HA'CHOLEH- three people who went in to visit a sick person (who wanted to declare his last will and testament)

55)[line 47] RATZU KOSVIN- if they want, they may write down [the words of the sick person, i.e. how he wants to bequeath his property, as proof for what he wants]

b)[line 15] RATZU OSIN DIN- if they want, they may issue a binding, legal ruling [at that moment, such that the heirs must accept their ruling and may not object to it]

56)[line 48] EIN ED NA'ASEH DAYAN - a witness cannot become a judge

The Amora'im argue as to whether a witness can become a judge in the same case. The Gemara (Kesuvos 21b) concludes that this argument only applies to cases that are mid'Oraisa. All agree that in cases that are mid'Rabanan, a witness can become a judge.

57)[line 49] IYN, HACHI KA'AMINA- Yes, that is what I meant

58)[line 50] "[VA'YOMER HASH-M EL MOSHE, KACH ES KOL ROSHEI HA'AM] V'HOKA OSAM LA'SH-M NEGED HA'SHEMESH..."- "And HaSh-m said to Moshe, 'Take all of the leaders of the people, and hang them before HaSh-m in the sun, [that the fierce anger of HaSh-m may be turned away from Yisrael.]" (Bamidbar 25:4) - This verse describes the punishment of the sinners in the incident that happened in Shitim in the desert, when the daughters of Moav enticed many men of Benei Yisrael to worship Avodah Zarah. As a result, they were convicted to stoning, and all those put to death by stoning must be hanged afterwards (Daf 65a).

59)[last line] TELIYAH- hanging

60)[last line] "V'HOKANUM LA'SH-M B'GIV'AS SHAUL, BECHIR HASH-M"- "and they shall be hanged for HaSh-m in Giv'as Shaul, HaSh-m's chosen one" (Shmuel II 21:6) - During the reign of David ha'Melech, a terrible famine struck Eretz Yisrael for three years. In the third year of the famine, David inquired of the Urim v'Tumim and was informed that the reason for the famine was "El Shaul v'El Beis ha'Damim, Al Asher Hemis Es ha'Giv'onim" - "with regard to Shaul and with regard to the house of blood, since he killed the Giv'onim." When Shaul had the Kohanim of the city of Nov killed (see Background to Sanhedrin 20:7) the Giv'onim, who used to supply the Kohanim with food and water, lost their livelihood. HaSh-m considered it tantamount of killing them. When David inquired of the Giv'onim as to what he could do to appease them, they stated that they would not be satisfied with gold or silver; rather, they chose to have seven of Shaul's descendents hanged. David agreed, and handed over Armoni and Mefiboshes, sons of Ritzpah bas Ayah, the concubine of Shaul, and five sons of Merav who were brought up by Michal. The Giv'onim hanged them and left their bodies hanging throughout the summer (from the 15th of Nisan until the 15th of Tishrei). Ritzpah bas Ayah stayed with the bodies for the entire time to ensure that no birds or animals would prey on them. They remained hanging until the rain started falling that year, which David took as a sign that he was justified in handing over Shaul's descendents. This was indeed the only way to stop the famine, but it was time to have their bodies buried. David then took the bones of Shaul and Yehonasan from the city of Yavesh Gil'ad and the bones of the hanged descendents of Shaul and buried them in the ancestral grave of Shaul's family. The verse states that after that, HaSh-m answered the prayers of Benei Yisrael, and the famine stopped (Shmuel II 21:1-14, according to the explanation of the RADAK). (The inhabitants of Yavesh Gil'ad had stolen the bones from the Pelishtim, who had hanged the bodies of Shaul and his three sons after Shaul fell in battle on Har Gilbo'a (Shmuel I 31:9-13)).

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