[a - 51 lines; b - 43 lines]

1)[line 1]' K'RABAN YOCHANAN- like Raban Yochanan [who ruled that Birkas ha'Chodesh may be recited only until the deficit of the moon is filled in]

2a)[line 1] HA L'MEIHAVI KI YASRA- that [opinion which maintains that one may recite Birkas ha'Chodesh until the seventh day of the month understands that the deficit of the moon is filled in] when it appears [as a half-circle] like a bowstring

b)[line 2] HA L'MEIHAVI KI NAFYA- that [opinion which maintains that one may recite Birkas ha'Chodesh until the sixteenth day of the month understands that the deficit of the moon is filled in] when it appears [as a full circle] like a sieve

3)[line 3] "... "?V'LIVRICH "... HA'TOV VEHA'METIV"?- [why does Rebbi Yehudah rule that one cannot make a Berachah on the moon after the seventh day? Since the moon continues to provide increasingly greater light until the sixteenth day,] why not recite the blessing of "... Who is [inherently] good and is good to others" (which is made upon the receipt of a benefit or good tidings)?

4)[line 4] "... "?ATU KI CHASER MI MEVARCHINAN "... DAYAN HA'EMES"?- do we recite the blessing of "... Who is the true judge" (which is made upon the receipt of bad tidings) when [the moon] diminishes [in size]?

5)[line 6]ORCHEI- it is its natural way

6)[line 9]"... [ ...]""... HA'CHODESH HA'ZEH [LA'CHEM ROSH CHODASHIM ...]"- "This month [is for you the first of months ...]" (Shemos 12:2). This Mitzvah - to count Nisan as the first month - was one of the first Mitzvos that Klal Yisrael received when they left Mitzrayim.

7)[line 10]"... ...""... ZEH KELI V'ANVEHU ..."- "... this is my G-d and I shall glorify him ..." (Shemos 15:2). This verse was sung as part of Shiras ha'Yam (the song sang by Klal Yisrael after the splitting of the Red Sea). Raban Yochanan derives the importance of pronouncing a blessing over the new moon from that which both of these verses contain the word "Zeh".

8)[line 11]ILMALEI- if not (see TOSFOS DH Ilmalei to Megilah 21a)

9)[line 12]DAYAM- it would have been enough for them [even had they been unable to fulfill any other Mitzvos]

10)[line 13] HILKACH NIMRINHU ME'UMAD- therefore [since it is akin to receiving the Presence of Hash-m] we must recite it in a standing position

11)[line 14] () MEKASFEI (A'HADADEI) U'MEVARCHEI- a) [were old and therefore] would lean on the shoulders [of their servants in order to stand] and recite the blessing (YAD RAMAH); b) would jump [as a result of their great joy] while reciting the blessing (MEIRI); c) would recite the blessing while standing together shoulder to shoulder [which demonstrated great respect for Birkas ha'Chodesh] (TUR as explained by the BACH); d) would jump onto the shoulders [of their colleagues when the moon was not immediately visible in hopes of seeing the moon as soon as possible] and [thereby] reciting the blessing [as early as possible] (RABEINU MANO'ACH); e) would be carried upon the shoulders [of their servants] while reciting the blessing [due to their great joy] (OR ZARU'A Chelek 2:456)

12)[line 16] HAI NASHEI DIDAN NAMI MAVARCHEI!- a) such a blessing is so short that even women would be able to recite it [by heart at night]! [There must a more significant blessing!] (first explanation of the MAHARSHA); b) women would be able to recite such a blessing [even when they are Teme'os, since it does not contain Hash-m's name]! [There must a more significant blessing!] (second explanation of the MAHARSHA)

13a)[line 18] ASHER B'MA'AMARO BARA SHECHAKIM- Who through His word created heavens

b)[line 18] UV'RU'ACH PIV KOL TZEVA'AM- and with the breath of His mouth all of their legions (i.e., the stars, planets, etc.)

14a)[line 19] CHOK U'ZMAN NASAN LAHEM- He gave them a edict and a set time (i.e., a specific orbit)

b)[line 19] SHE'LO YESHANU ES TAFKIDAM- that they should not alter their mandate

15)[line 20]SASIM- they rejoice

16)[line 20]KONAM- their Maker

17)[line 20] , PO'ALEI EMES, SHE'PE'ULASAN EMES- trustworthy workers, for their actions are reliable

18)[line 21] ATERES TIFERES- a glorious crown

19)[line 21] AMUSEI VATEN- the offspring of the loins. Klal Yisrael is here referred to in this way since they will be renewed as a newborn child (MAHARSHA based on RASHI to Yeshayah 46:3)

20)[line 22] L'FA'ER L'YOTZRAM- to glorify their Maker

21)[line 23]" - ...""KI V'SACHBULOS TA'ASEH LECHA MILCHAMAH ..."- "For with schemes shall you wage war ..." (Mishlei 24:6). This verse teaches that one must strategize in the war against the Evil Inclination.

22)[line 24] MILCHAMTAH SHEL TORAH- the battle of Torah; i.e., the ability to determine the precise teachings of the Torah and how they applies in all situations

23)[line 24] CHAVILOS SHEL MISHNAH- bundles (a play on the word "Tachbulos) of Mishnayos [since without an awareness of the teachings of the Amora'im, one is unable to determine their underlying reasons]

24a)[line 24] KARI RAV YOSEF A'NAFSHEI- Rav Yosef applied the (following) verse to himself

b)[line 25]"... - .""... V'RAV TEVU'OS B'CHO'ACH SHOR"- "[When there are no cattle, the trough is empty,] but much grain comes through the power of an ox" (Mishlei 14:4). The simple meaning of this verse is that unless oxen are available to plow and sow, there will be no grain harvest. The deeper meaning of the verse is that when there no Talmidei Chachamim, then Torah cannot be found, but one who is willing to toil in Torah will gain much Torah knowledge. Rav Yosef applied this verse to himself since Yosef is compared to an ox (Devarim 33:17), and Rav Yosef himself had breadth of knowledge (Horayos 14a) which is compared to heaps of wheat (ibid.) (TOSFOS DH v'Rav).

25)[line 26] LO SHANU- we did not learn [that the Tana Kama and Rebbi Yehudah disagree]

26)[line 26] HA'NETZ HA'CHAMAH- sunrise

27)[line 28]( ) [ ](B'SOCH HA'NETZ) [BEHA'NETZ HA'CHAMAH]- as the sun rose

28a)[line 28] HA B'GILUYA KA'I- the one [who said that it occurred at sunrise] was outside

b)[line 28] V'ZIHARUREI B'ALMA HU D'CHAZA- and he saw a general lightening [of the sky as a result of the reflection of the sun's rays before it rose that led him to mistakenly think that the sun was already rising]

29)[line 29] ?OSO HA'YOM V'SU LO?- [does Beis Din add a Talmid who wishes to offer a novel approach to their ranks] for that day only?

30)[line 31] KEDEI SHE'LO YEHEI ALIYASO YERIDAH LO- so that his promotion does not become a demotion for him [due to his embarrassment at his suggestion having been immediately rejected]

31)[line 33]"... () .""... UL'ROZNIM EI SHECHAR."- "... and old wine is not fitting for a ruler [to drink]" (Mishlei 31:4).

32)[line 33] RAZO SHEL OLAM- the secret of the world. This refers to cases involving the possibility of capital punishment, since every individual is a world unto himself (TOSFOS DH ha'Oskim as explained by the MAHARSHA).

33)[line 34] POTRIN OSO- they acquit him

34)[line 35] ?V'LIFTEREI ME'IKARA?- why should he not be acquitted to begin with [as soon as Beis Din has reached the maximum number of judges and he cannot be put to death]? [Are we looking to find him guilty?]

35)[line 36]ME'URBAVIN- in an inconclusive state [which is embarrassing for Beis Din as they were unable to arrive at a verdict]

36)[line 37] ?LIFTEREI MI'BEI DINA KAMA?- why should he not be acquitted from [the point at which] the original Beis Din [does not have enough of a majority to find him guilty]?

37)[line 39] NIZDAKEN HA'DIN- the judgment has become a "Zaken" (the Gemara goes on to explain this term)

38)[line 40] KASH DINA- the judgment has grown old [a) and is so deep and difficult that we cannot yet arrive at a verdict (RASHI); b) and infirm and we cannot yet rely upon it (TOSFOS DH Kash)]

39)[line 40] IPCHA MIBA'YA LEI!- the opposite should be true [since cases involving the possibility of capital punishment should require a more thorough examination of the issues]!

40)[line 41]EIPOCH- switch [when we do apply "Nizdaken ha'Din" and when we do not]

41)[line 42] CHACHAM DINA- a) the judgment is wise [and we need not examine it any further]. (This does not apply to Dinei Nefashos, since even after a guilty verdict has been passed the judges still ought to search for a way to exonerate the guilty party and overturn the verdict) (RASHI); b) according to the Girsa CHAKEM DINA - let the judgement become wise [as we continue to deliberate the matter]. (This only applies to Dinei Mamonos, since once a defendant in a case of Dinei Nefashos has been acquitted, we do not search for a way to find him guilty) (ARUCH Erech Zaken)

42a)[line 44] ?LO SAGYA D'LO AMAR GADOL?- why is it imperative for the greatest of the judges to say it?

b)[line 44] !KESUFEI HU D'KA MICHSIF NAFSHEI!- [if anything, he should not be the one to declare it, since] he is embarrassing himself [by publicizing that which his Beis Din is as of yet unable to arrive at a verdict]!

43)[line 45] EINO DOMEH MISBAYESH ME'ATZMO L'MISBAYESH ME'ACHERIM- the embarrassment one feels from having embarrassed himself is not comparable (i.e., it is much less) to that which one feels when others embarrass him

44)[line 47] ?ASHBUCHEI MASHBACH NAFSHEI?- should he indulge in self-praise?

45)[line 48]" - ...""YEHALELCHA ZAR V'LO FICHA ..."- "Let a stranger praise you and not your own mouth ..." (Mishlei 27:2).

46)[line 48] A'GADOL RAMYA- it is incumbent upon the greatest of the judges [to deal with]

47)[line 49] GAMRU ES HA'DAVAR- if [Beis Din] has finished [their deliberations in a monetary case]

42b----------------------------------------42b

PEREK #6 NIGMAR HA'DIN

48)[line 1] MOTZI'IN OSO L'SOKLO- they take him out [of Beis Din] to stone him [if the case is one in which he deserves stoning] (see Background to 41:4:a:1)

49)[line 3]"... - ...""HOTZEI ES HA'MEKALEL ..."- "Remove he who cursed [Hash-m to a place outside of the camp ... and the entire congregation should stone him.]" (Vayikra 24:14).

50)[line 4]HA'SUDARIN- scarves

51)[line 4] SUS RACHOK MIMENU KEDEI SHE'YEHEI RO'EHU- a horse [and rider] stand as far away from him [in the direction of where the guilty party is to be stoned] such that [the rider] can still see him

52)[line 6] HALAH MENIF B'SUDARIN- the one [standing by the doorway of Beis Din] waves the scarves

53)[line 7]MA'AMIDAN- stops them [from stoning the defendant]

54)[line 11] SHALOSH MACHANOS - Three Encampments

(a)There are three Machanos (areas with varying degrees of holiness) within the city of Yerushalayim, which correspond to the three Machanos (encampments) of Klal Yisrael in the Midbar (Sinai Desert).

1.MACHANEH YISRAEL - The entire area within the walls of Yerushalayim - excluding Har ha'Bayis (the Temple Mount) - comprises the Machaneh Yisrael. This area corresponds to the encampment of the twelve tribes in the Midbar. The Machaneh Yisrael is off-limits to Metzora'im (lepers), who are may not enter any walled city in Eretz Yisrael.

2.MACHANEH LEVIYAH - The area between the Azarah (the inner courtyard of the Beis ha'Mikdash) and the wall surrounding Har ha'Bayis, including the Ezras Nashim (the outer courtyard of the Beis ha'Mikdash), is termed the Machaneh Leviyah. This corresponds to the area in the desert around the Mishkan, where the Leviyim camped. This area has a higher level of Kedushah than that of the Machaneh Yisrael; not only may Metzora'im not enter, but neither may Zavin, Zavos, Nidos, Yoldos (see Background to Mo'ed Katan 14:2-6) or Ba'alei Keri (see Background to Yevamos 7:25).

3.MACHANEH SHECHINAH - The entire area contained within the Azarah is the Machaneh Shechinah. This includes the Ezras Yisrael (in between the Ezras Nashim and Azarah), the Ezras Kohanim (containing the Beis ha'Mikdash, the Mizbe'ach, and various Lishkos [chambers]), and the area under the gate to the Azarah known as Sha'ar Nikanor - but not the Ezras Nashim. This area corresponds to the part of the Mishkan in the desert that was within the Kela'im (curtains). This area has the highest level of Kedushah; even a Temei Mes (see Background to Sukah 20:5) or Temei Sheretz (see Background to Ta'anis 16:30) may not enter the Machaneh Shechinah.

(b)The Beraisa cited by our Gemara teaches that the place where those deserving of stoning were stoned was located outside of the walls of Yerushalayim. Similarly, in every city that had a Beis Din the Beis ha'Sekilah was located outside of the city walls.

55)[line 12]; IN; KED'KA'AMRAT- indeed; what you have stated [is true]

56)[line 13]NAFIK- go out

57)[line 15]MISCHAZEI- appear

58)[line 16] TEIHAVEI LEI HATZALAH- he should [have a chance to] be saved [through the recall of his execution as described in the Mishnah]

59)[line 20] PARIM HA'NISRAFIN - The Bulls that are Burned

(a)PAR KOHEN MASHI'ACH - The Bull Offered by the Kohen Gadol to Atone for his Mistaken Ruling

1.If a Kohen Gadol issues a ruling in error, permitting a transgression punishable by Kares had it been transgressed intentionally, and then acts upon his ruling, he must offer a Par Kohen Mashi'ach to atone for his sin. This Korban consists of one bull offered as a Korban Chatas. If the sin committed was one of idolatry, then his Korban is identical to that offered by any individual in such a situation, and consists of a female sheep or goat.

2.After its slaughter, the blood of the bull is sprinkled seven times in the Heichal (Sanctuary) of the Beis ha'Mikdash in the direction of the Paroches (curtain dividing the Heichal from the Kodesh ha'Kodashim). It is then applied to the Keranos (cubic Tefach posts placed upon the corners) of the Mizbe'ach ha'Ketores (the smaller altar located in the Heichal upon which incense is burned daily). The Sheyarei ha'Dam (remainder of the blood) is poured on the western Yesod (base) of the Mizbe'ach, whereas the Emurim (innards and certain fats) are burned on the Mizbe'ach ha'Chitzon (outer Mizbe'ach).

3.The flesh and remaining parts of the bull are burned outside of Yerushalayim (Vayikra 4:1-12, Bamidbar 15:22-26). The clothing of those who carry the carcass out of the Azarah become Tamei. (According to Rebbi Shimon [Yoma 67b], those involved with burning the Par are also Metamei Begadim.)

(b)PAR HE'ELEM DAVAR SHEL TZIBUR - The Bulls Offered by the Supreme Court to Atone for their Mistaken Ruling

1.If the Sanhedrin (Supreme Court) issues a ruling in error, permitting a transgression punishable by Kares had it been transgressed intentionally, and either the majority of Klal Yisrael or most of the Shevatim act upon their ruling, then the Sanhedrin must offer a Par He'elem Davar to atone for the nation. This Korban consists of a bull offered as a Korban Chatas. Rebbi Meir rules that the Sanhedrin must offer a single bull. Rebbi Yehudah maintains that each Shevet (tribe) offers a bull, for a total of twelve bulls. Rebbi Shimon is of the opinion that both are true, and a total of thirteen bulls are offered (Mishnah, Horayos 4b). If the sin committed was one of idolatry, then the Korban differs (see Background to Yevamos 9:1).

2.After their slaughter, the blood of the bulls is sprinkled seven times in the Heichal in the direction of the Paroches. It is then applied to the Keranos (cubic Tefach posts placed upon the corners) of the Mizbe'ach ha'Ketores (the smaller altar located in the Heichal upon which incense is burned daily). The Sheyarei ha'Dam (remainder of the blood) is poured on the western Yesod (base) of the Mizbe'ach, whereas the Emurim (innards and certain fats) are burned on the Mizbe'ach ha'Chitzon (outer Mizbe'ach).

3.The flesh and remaining parts of the bulls are burned outside of Yerushalayim (Vayikra 4:12-21). The clothing of those who carry their carcasses out of the Azarah become Tamei. (According to Rebbi Shimon [Yoma 67b], those involved with burning the Paros are also Metamei Begadim.)

60)[line 23]" -- - ... - , .""V'HOTZI ES KOL HA'PAR EL MI'CHUTZ LA'MACHANEH ... AL SHEFECH HA'DESHEN YISAREF."- "And remove the entire [carcass of the] bull to [a place] outside of the camp ... it shall be burned upon the Shefech ha'Deshen." (Vayikra 4:12). The Shefech ha'Deshen is the place outside of the camp where the ashes from atop the Mizbe'ach are brought (see below, entry #66). This verse refers to the Par Kohen Mashi'ach.

61)[line 26]"[ -] - ...""[V'HOTZI ES HA'PAR] EL MI'CHUTZ LA'MACHANEH V'SARAF OSO KA'ASHER SARAF ES HA'PAR HA'RISHON ..."- "And remove the [carcass of the] bull to [a place] outside of the camp and burn it as you burned the first bull ..." (Vayikra 4:21). This verse teaches that the Par He'elem Davar should be burned in the same manner as the Par Kohen Mashi'ach.

62)[line 27] PAR HA'EDAH- the Par He'elem Davar (see above, entry #59:II)

63)[line 28]"... ...""... V'SARAF OSO KA'ASHER SARAF ES HA'PAR HA'RISHON ..."- see above, entry #61

64)[line 29] LITEN LO MACHANEH SHENIYAH- to give it a second encampment [which it must be removed from; i.e., Machaneh Leviyah]

65)[line 30]"[... -] - ...""[... V'HOTZI ES HA'DESHEN] EL MI'CHUTZ LA'MACHANEH ..."- "[And he shall remove the ash] to [a place] outside of the camp ..." (Vayikra 6:4). This verse describes the Hotza'as ha'Deshen (see next entry).

66)[line 30]DESHEN (HOTZA'AS HA'DESHEN - Removal of the Ash)

(a)Ashes from burnt sacrifices left on the Mizbach ha'Olah after the Terumas ha'Deshen (see Background to Yoma 59:26) is performed are consolidated in the Tapu'ach, a large pile of ash in the middle of the Mizbe'ach. When the Tapu'ach grows excessively large, a Kohen carries the ash to the Shefech ha'Deshen, a place devoid of Tum'ah located outside of the Machaneh Yisrael (see above, entry #54) (Vayikra 4:12, 6:4).

67)[line 31]" ""AL SHEFECH HA'DESHEN YISAREF."- see above, entry #60. Since the Par Kohen Mashi'ach must be burned outside of the Machaneh Yisrael, and it is described as the place where the Deshen is placed, we have already learned that the Shefech ha'Deshen is outside of the Machaneh. From the extra description of the place where the Par He'elem Davar is burned as being outside of the Machaneh, we have already learned that the Shefech ha'Deshen is outside of the Machaneh Leviyah.

68)[line 32] SHECHUTEI CHUTZ - Slaughtering a Sanctified Animal Outside of the Beis Ha'Mikdash)

(a)All sanctified animals fit to be offered upon the Mizbe'ach must be offered as Korbanos (Vayikra 17:1-7). Aside from this positive Mitzvah, one is prohibited from slaughtering such animals outside of the Azarah (courtyard of the Beis ha'Mikdash). Animals slaughtered outside of the Beis ha'Mikdash are termed "Shechutei Chutz". One who willfully ignores this prohibition is liable to receive Kares (see Background to Gitin 55:42).

69)[line 33] CHUTZ LA'MACHANEH ACHAS- [one transgresses this prohibition if he slaughters a sanctified animal] outside of even one Machaneh (namely, the Machaneh Shechinah)

70a)[line 35]HOTZEI- [regarding both the Mekalel and the Parim ha'Nisrafim the instructions of the Torah were to] "remove"

b)[line 35]" ""EL MI'CHUTZ LA'MACHANEH"- [regarding both the Mekalel and the Parim ha'Nisrafim the Torah writes the words] "to [a place] outside of the camp"

c)[line 36]MACHSHIR- [that which is performed outside of the Machaneh is] the fulfillment of a Mitzvah [in the cases of both the Mekalel and the Parim ha'Nisrafim]

d)[line 36]MECHAPER- [that which is performed outside of the Machaneh] atones [for a sin in the cases of both the Mekalel and the Parim ha'Nisrafim]

71a)[line 37]ADAM- [regarding both the Mekalel and Shechutei Chutz, the term "outside of the camp refers to] a person [and not an animal as in the case of the Parim ha'Nisrafim]

b)[line 37]CHOTEI- [in the cases of both the Mekalel and Shechutei Chutz] a sin was transgressed

c)[line 37]B'NESHAMAH- [in the cases of both the Mekalel and Shechutei Chutz] a) a life [was taken, whereas the Parim ha'Nisrafim are already dead by the time that they are taken out of the Machaneh] (first explanation of RASHI); b) [a sin was performed that led to] the life of [the transgressor becoming forfeit, as the Mekalel received Sekilah and one who slaughters a sanctified animal outside of the Azarah receives Kares] (second explanation of RASHI)

d)[line 37]PIGUL - - Thoughts that Disqualify a Sacrifice

(a)A sacrifice slaughtered with the intention of offering or eating it outside of the area within which it must be offered or eaten (Chutz li'Mekomo) is disqualified. This is derived from the fact that the Torah repeats the prohibition against offering a Korban with intention to offer or eat it after the time within which it must be offered or eaten (Chutz li'Zemano). A Korban slaughtered with such invalidating thoughts is termed "Pigul" (Vayikra 19:7).

(b)One who intentionally consumes at least a k'Zayis of Pigul is liable to receive Malkus (lashes).

(c)The Chachamim use the term Pigul to refer to other types as invalidating thoughts as well. These include one who slaughters a sacrifice with intention to offer or eat it after the time within which it must be offered or eaten (Chutz li'Zemano), and one who slaughters an animal intended for one type of sacrifice as a different type of sacrifice.

(d)In the cases of both the Mekalel and Shechutei Chutz, thoughts of "Chutz li'Mekomo" cannot disqualify anything. In the case of the Parim ha'Nisrafim, Pigul is a concern.

72)[line 38] ...RAV PAPA AMAR ...- Rav Papa offers an alternate source from which to derive that which the Beis ha'Sekilah is located outside of all three Machanos.

73)[line 41]" - - ...""... VA'YOTZI'U ES HA'MEKALEL EL MI'CHUTZ LA'MACHANEH ..."- "... and they removed he who cursed Hash-m to [a place] outside of the camp [and they stoned him with a stone, and Bnei Yisrael acted as Hash-m commanded Moshe]." (Vayikra 24:23).

74)[last line] !HAI MIBA'I LEI LA'ASIYAH!- that [verse (see previous entry)] is necessary to [teach that] they actually carried out [the instructions of Hash-m]!

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