BACKGROUND TO THE DAILY DAF
Rosh Kollel: Rabbi Mordecai Kornfeld
[2a - 30 lines; 2b - 38 lines]
We recommend using the textual changes suggested by the Bach, the Tzon Kodashim, the Vilna Ga'on and the marginal notes of the Vilna Shas. This section is devoted to any OTHER important corrections that Acharonim have pointed out in the Gemara, Rashi and Tosfos.
 Gemara 2a [line 29]:
The colon is unnecessary
 Gemara 2b [line 22]:
The words "Akdushei Lo Akdish" אקדושי לא אקדיש
should be "d'Akdushei Lo Akdish" דאקדושי לא אקדיש
 Gemara 2b [line 25]:
The words "d'Kedeisho Kadosh" דקדשו קדוש
should be "d'Hekdeisho Kadosh" דהקדשו קדוש
 Gemara 2b [line 30]:
The colon is unnecessary
 Rashi 2b DH Amurei Meimar : ד"ה אמורי מימר
Perhaps the word "d'Lilki" דלילקי
should be "d'Lo Laki" דלא לקי (the Chok Nasan had difficulty with this word)
1) [line 1] ממירין MEMIRIN (TEMURAH)
(a) The Torah prohibits making a Temurah, which is a Chulin animal exchanged for an animal designated as a Korban in an attempt to transfer the Kedushas ha'Guf of the Korban onto a replacement Korban. The verse states, "Do not transfer or exchange it (an animal that has been designated as a Korban) [for another animal], neither a good animal for a bad one nor a bad one for a good one. If you do exchange an animal [of Kodesh] for another animal [that is not Kodesh], both the original animal and the one given in exchange for it will be Kodesh" (Vayikra 27:10). The CHINUCH explains that the reason for the prohibition of Temurah is to teach us the proper reverence that we must have for objects of Kedushah (SEFER HA'CHINUCH #351, #352). (For the definitions of and difference between Kedushas ha'Guf and Kedushas Damim, see .)
(b) For example, the Mishnah (Temurah 26b) teaches that a person can make a Temurah by taking two animals, one of which was designated as a Korban, and saying "Zo Tachas Zo" - "This [animal] is instead of this [animal]," or "Zo Temuras Zo" - "This is in place of this," or "Zo Chalifas Zo" - "This is in exchange for this." The second animal, or the Temurah, is usually a valid Korban. If it has no Mum (blemish that invalidates it), it must also be offered on the Mizbe'ach (unless the original Korban was a Chatas or an Asham).
(c) A person who intentionally makes a Temurah receives Malkus (lashes). Sometimes, even if a person makes a Temurah b'Shogeg (unintentionally), he receives Malkus (see Chart to Temurah 17a). (For a discussion of the difference between Temurah and Chilul (redemption), see .)
2) [line 10] מתפיסין בתמורה MATPISIN B'TEMURAH - make Temurah take effect on an animal
3a) [line 17] תחילת הקדש TECHILAS HEKDESH - (lit. the beginning of sanctification) consecrating an animal as a sacrifice; i.e. the act of Temurah
b) [line 17] סוף הקדש MSOF HEKDESH - (lit. from the end of sanctification) from the time of Semichah, which is done after an animal is already Kadosh and is about to be offered on the Mizbe'ach
4) [line 18] סומך SOMECH (SEMICHAH)
(a) Semichah refers to the Mitzvah for a person to press both of his hands on the head of his animal Korban, as described in Vayikra (1:4). Semichah is performed immediately before the animal is slaughtered, in the place where it will be slaughtered (Menachos 93a).
(b) All private Korbanos require Semichah, except for the Bechor, Ma'aser, and Pesach offerings. The only public Korbanos that require Semichah are the Par He'elem Davar (see ), the Se'ir ha'Mishtale'ach (scapegoat) of Yom ha'Kipurim (see ), and according to some, the Se'ir brought as an atonement when most of the nation sins with Avodah Zarah (see ). If the Korban is a Chatas, Asham or Olah, all of which are brought to atone for sins, the owner of the Korban confesses his sin while he performs Semichah. If the Korban is a Korban Shelamim or Todah, which a person brings to thank HaSh-m for the kindness or salvation that was bestowed upon him, the owner of the Korban says words of praise for HaSh-m while he performs the Semichah (RAMBAM Hilchos Ma'aseh ha'Korbanos 3:13-15).
(c) If a Korban is brought by partners, each one performs Semichah. Certain people do not perform Semichah for their Korbanos. These include women, children, slaves, people designated Halachically as fools, deaf-mutes, and Nochrim (Menachos 93a). Semichah is not performed when offering a Korban on a Bamah (Zevachim 119b; see ).
(d) The Gemara discusses whether Semichah involves pressing on the animal's head with all of one's strength, or just placing one's hands on the animal's head (Chagigah 16b). The conclusion is that one must press on the animal's head with all of one's strength (RAMBAM Hilchos Ma'aseh ha'Korbanos 3:13).
(e) If one does not perform Semichah on his Korban, the Korban remains valid (Menachos 93b).
5) [line 24] בעלי חוברין BA'ALEI CHOVRIN - a group that brings a Korban jointly
6) [line 14] השוה הכתוב אשה לאיש לכל עונשין שבתורה HISHVAH HA'KASUV ISHAH L'ISH L'CHOL ONSHIN SHEBA'TORAH - the Torah equates a woman with a man with regard to all of the punishments in the Torah. Although there is a rule that women are exempt from time-related positive Mitzvos (Mitzvos Aseh sheha'Zeman Gerama), with regard to negative Mitzvos (Mitzvos Lo Sa'aseh) women have the same degree of liability as men. Just as men are liable for all Mitzvos Lo Sa'aseh, so, too, are women.
7) [line 21] עונת נדרים ONAS NEDARIM (MUFLA HA'SAMUCH L'ISH)
(a) The Mishnah in Nidah (45b) discusses the case of a girl who makes a Neder during her twelfth year or a boy who makes a Neder during his thirteenth year (when they are termed "Samuch l'Ish," or "near" the age of normal physical maturity). In such a case, we are required to "further investigate" in order to determine whether or not the girl's or boy's vow is Halachically binding. The investigation involves determining whether the child in question knows the significance of Nedarim and that their laws were dictated by HaSh-m. Even though, according to Halachah, the actions of a minor normally have no legal ramifications, if the child in question passes the investigation he is called a "Mufla ha'Samuch l'Ish" and has reached "Onas Nedarim," the age at which his vows are binding.
(b) There is a disagreement among the Tana'im as to whether the vows of such a child are binding mid'Oraisa (and if an adult transgresses them he is punishable with Malkus), or only mid'Rabanan. In either case, the child himself is not punished with Malkus if he transgresses his own vow, since he is still a minor and is exempt from all punishments.
8) [line 27] אתי לכלל עונשין ASI LI'CHLAL ONSHIN - he (the minor) will enter the category of liability for punishments (when he reaches adulthood)
9) [line 31] לא נהנין ולא מועלין LO NEHENIN V'LO MO'ALIN (ME'ILAH)
(a) It is forbidden to derive personal benefit from anything that is Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha... u'Nedarecha Asher Tidor" - "You may not eat in your settlements... and your pledges [to Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos Me'ilah 1:1-3). The minimum amount for which one transgresses this prohibition is a Perutah's worth of benefit.
(b) If someone benefited from Hekdesh b'Mezid (intentionally), he is liable to Malkus (according to the Rabanan; according to Rebbi he is liable to Misah b'Yedei Shamayim - Sanhedrin 83a) and must pay to Hekdesh the amount that he benefited. However, the object from which he benefited remains Hekdesh.
(c) If someone benefited from Hekdesh b'Shogeg (unintentionally), the object loses its Kedushah. He must bring a Korban Me'ilah (as described in Vayikra 5:15-16) and repay Hekdesh the value of his benefit plus an additional fifth (of the ensuing total, or a quarter of the original value). This is true of any object that has Kedushas Damim (i.e. its value is consecrated to Hekdesh). An object that has Kedushas ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as is") does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).
(d) There are some objects of Hekdesh to which the laws of Me'ilah do not apply ("Lo Mo'alin"), but which the Chachamim prohibited to use ("Lo Nehenin"). They are classified in the category of "Lo Nehenim v'Lo Mo'alin."
10a) [line 32] פיגול PIGUL
(a) A sacrifice that was slaughtered (or any of the other three main actions involved in offering a sacrifice: Kabalas ha'Dam, Holachas ha'Dam, Zerikas ha'Dam - see ) with the intention of eating it or offering it Chutz li'Zemano (after its allotted time) becomes disqualified. Similarly, a Minchah that was offered with intentions of offering it (i.e. doing one of its essential Avodos) or eating it after its allotted time becomes disqualified.
(b) It is forbidden to eat such a Korban, as the verse states, "v'Im He'achol Ye'achel mi'Besar Zevach Shelamav ba'Yom ha'Shelishi, Lo Yeratzeh, ha'Makriv Oso Lo Yechashev Lo, Pigul Yiheyeh" - "If [the person offering the sacrifice plans] to eat it on the third day, [the sacrifice] will not be accepted. It is considered Pigul (putrid, rejected) and it will not be counted in his favor" (Vayikra 7:18).
b) [line 32] נותר NOSAR
(a) If any meat of a Korban remains after the time that was allotted for it to be eaten, it is termed "Nosar" and it must be burned. With regard to the Korban Pesach, the verse states, "Do not leave any of it (i.e. the Korban Pesach) over until the morning. Anything that is left over until the morning must be burned in fire" (Shemos 12:10). The repetition of the phrase "until the morning" signals that the verse is referring to the mornings of two different days, and can be understood as follows: "Do not leave any of the Korban Pesach over until the morning (which is Yom Tov). If anything is left over, on the following morning (which is Chol ha'Moed), it must be burned."
(b) The Torah warns us four times not to allow the meat of a Korban to remain past the time during which it may be eaten, each of which is counted as an individual Mitzvah. The first three apply to specific Korbanos (Korban Pesach, in Shemos 12:10 and SEFER HA'CHINUCH Mitzvah #8; Korban Pesach Sheni, in Bamidbar 9:12 and Sefer ha'Chinuch Mitzvah #382; the Chagigah that is brought with the Pesach, in Devarim 16:4 and Sefer ha'Chinuch Mitzvah #486). The fourth time this prohibition is written is with regard to the Korban Todah (Vayikra 7:15 and 22:30), which serves as the source for the prohibition of leaving over meat from any Korban after the allotted time (Sefer ha'Chinuch Mitzvah #142). (The Minchas Chinuch 8:5 suggests that the latter Lav applies even to the three Korbanos for which the Isur of Nosar is written explicitly; however the Acharonim reject his suggestion based on the Gemara in Zevachim 36a.)
11a) [line 38] המקדיש מוסיף חומש HA'MAKDISH MOSIF CHOMESH (PIDYON HEKDESH)
(a) If a person consecrates (is "Makdish") an object to the Beis ha'Mikdash and that object is of no benefit to the Mikdash "as is," the object may be sold by the appointees of Hekdesh (Gizbarim), who determine its selling price based on the estimate of a group of experts. When a person buys the object from Hekdesh, the object loses its Kedushah and its value becomes Kodesh in its stead. This is called "Pidyon Hekdesh," redeeming from Hekdesh.
(b) If the object that is consecrated to Hekdesh is an object that can acquire intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as is," it becomes Kadosh with Kedushas ha'Guf (see ). An animal that has Kedushas ha'Guf cannot be redeemed without a Mum (blemish).
(c) When a person dedicates an item to Hekdesh, if he redeems it himself he must pay to Hekdesh an additional fifth (of the ensuing total, or a quarter of the original value). For example, if the object is worth 100 Sela'im, he must redeem it for 125. If another person redeems it from Hekdesh, he does not have to add a Chomesh.
(d) In the case described by Rebbi Avahu in the name of Rebbi Yochanan, a person, Reuven, separated an animal as a Korban to fulfill the pledge of Shimon. Reuven is the Makdish (or Mafrish) who must add a Chomesh if he subsequently wants to redeem the animal. Shimon is the Miskaper (lit. the one who will achieve atonement, i.e. the fulfillment of his pledge) who does not add a Chomesh if he redeems the animal.
b) [line 38] מתכפר עושה תמורה MISKAPER OSEH TEMURAH
In the case described by Rebbi Avahu in the name of Rebbi Yochanan, a person, Reuven, separated an animal as a Korban to fulfill the pledge of Shimon. Shimon is the Miskaper (lit. the one who will achieve atonement, i.e. the fulfillment of his pledge), and as such, is considered the owner of the Korban who can affect a Temurah (for which he will receive Malkus). Reuven does not have this ability.