BACKGROUND TO THE DAILY DAF
Rosh Kollel: Rabbi Mordecai Kornfeld
[3a - 57 lines; 3b - 46 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 3b [line 8]:
The words "la'Sa la'Shav" לשא לשוא
should be "la'Shav la'Shav" לשוא לשוא
1) [line 1] טובת הנאה שלו TOVAS HANA'AH SHE'LO - he has the right to give the Terumah to the Kohen of his choice
2) [line 5] דתיקו D'TEIKU - that it should stand
3) [line 6] תיקו TEIKU
The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim, #9) quotes and discusses various explanations for the word Teiku:
1. It is sealed in its container ("Tik") (ARUCH, Erech Tik).
2. Tehei Ka'i - "Let it (the question) stand" (MUSAF HA'ARUCH).
3. Tishbi Yetaretz Kushyos v'Ibayos - "Eliyahu ha'Navi will answer difficulties and questions" (TOSFOS YOM TOV, end of Eduyos).
4) [line 55] נשבע NISHBA (SHEVU'AS SHAV / SHEVU'AS SHEKER)
(a) SHEVU'AS SHAV - It is forbidden to swear in vain, as the Torah states, "Lo Sisa Es Shem HaSh-m Elokecha la'Shav" (Shemos 20:7). There are four types of oaths that are in vain:
1. a false oath about something known; e.g. that a marble pillar is made of gold
2. a true oath about something known; e.g. that a stone is a stone
3. an oath to transgress a Mitzvah
4. an oath which is impossible to keep; e.g. not to sleep for three days or not to eat for seven days.
(b) If a person swears in vain b'Mezid (intentionally) he receives Malkus, even though the sin was done without an action (but only with speech).
(c) SHEVU'AS SHEKER - It is forbidden to swear falsely, as the Torah states, "v'Lo Sishav'u vi'Shemi la'Shaker" (Vayikra 19:12). The Chachamim learn that this verse is referring to the topic of "Shevu'as Bituy" (see , and SEFER HA'CHINUCH Mitzvah #227). Under certain circumstances, one is punished with Malkus for such a Shevu'ah, as the Gemara discusses later (3b; see below, entry #7).
5) [line 55] מקלל חבירו בשם MEKALEL CHAVEIRO B'SHEM
A Jew who curses a fellow Jew transgresses a negative commandment and receives Malkus (lashes), as the verses state, "Elokim Lo Sekalel v'Nasi v'Amecha Lo Sa'or" - "Do not curse a judge and do not curse a prince among your people" (Shemos 22:27); and "Lo Sekalel Cheresh" - "Do not curse a deaf-mute" (Vayikra 19:14). The last verse shows the stringency of the matter, since one receives Malkus even for cursing a deaf-mute, who does not hear the curse and does not feel the pain of the words (RAMBAM Hilchos Sanhedrin 26:1; SEFER HA'CHINUCH #231).
6a) [line 56] המקדים תרומה לביכורים HA'MAKDIM TERUMAH L'BIKURIM - one who separates Terumah from his produce before separating the fruits of Bikurim. One must separate the Matnos Kehunah from his produce in a specific order. First, he must separate the Bikurim (see below, 6b), then he must separate Terumah (see below, 6c), and then he must separate Ma'aser.
b) [line 56] ביכורים BIKURIM (BIKURIM)
(a) The Mitzvah of Bikurim consists of bringing the first fruits to emerge in one's field every year to the Beis ha'Mikdash. The verse states, "v'Hayah Ki Savo El ha'Aretz... vi'Yrishtah v'Yashavta Bah... v'Lakachta me'Reishis Kol Pri ha'Adamah..." - "And it shall be that when you come to the land... and you inherit it and you settle in it. You shall take of the first fruits of the land..." (Devarim 26:1-2). Each farmer enters the Azarah (courtyard) of the Beis ha'Mikdash with his Bikurim fruit in a decorative basket. While the basket is on his shoulder, he recites the Mikra Bikurim, specific verses from Devarim (26:3, 5-10) thanking HaSh-m for taking us out of Mitzrayim and giving us the land of Yisrael. He then places the basket of fruit at the base of the southwestern corner of the Mizbe'ach (RAMBAM Hilchos Bikurim 3:12) and bows down before HaSh-m. Afterwards, he gives the Bikurim to a Kohen (Mishnah Bikurim 3:8, RAMBAM ibid. 3:1). Live pigeons were a (voluntary) part of the adornment of the baskets of Bikurim. They were offered as Korbenos Olah when the Bikurim were brought (Menachos 58a).
(b) The Mitzvah of Bikurim applies only to the seven species with which the land of Eretz Yisrael was blessed (Devarim 8:8) - wheat, barley, grapes, figs, pomegranates, olives and dates (Bikurim 1:3, RAMBAM ibid. 2:2).
(c) Kohanim eat the Bikurim within the walls of Yerushalayim. If a person eats them outside of Yerushalayim after the Bikurim have entered Yerushalayim (according to the Rambam, or after the Bikurim have entered the Azarah according to Rashi to Makos 18b), he receives Malkus. They must be returned to, and eaten in Yerushalayim.
c) [line 56] תרומה TERUMAH / MA'ASER
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been separated from it. Until the Terumos have been separated, the produce is called Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim (Sanhedrin 83a).
(c) A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought to Yerushalayim and eaten there by its owner. Anyone who eats Ma'aser Sheni produce outside of the walls of Yerushalayim (without Pidyon, redemption - see ) receives Malkus (RAMBAM Hilchos Ma'aser Sheni 2:5). Once the Ma'aser Sheni produce enters the walls of Yerushalayim, it may not be redeemed. It is considered "Niklat," "captured" by the walls.
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional fifth (of the ensuing total, or a quarter of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.
7) [line 7] שבועת שוא SHEVU'AS SHAV / SHEVU'AS SHEKER
(a) SHEVU'AS SHAV - see above, entry #4a.
(b) SHEVU'AS SHEKER - It is forbidden to swear falsely, as the Torah states, "v'Lo Sishav'u vi'Shemi la'Shaker" (Vayikra 19:12). The Chachamim learn that this verse is referring to the topic of "Shevu'as Bituy" (see and SEFER HA'CHINUCH Mitzvah #227).
(c) In general, the difference between a Shevu'as Shav and a Shevu'as Sheker is that a Shevu'as Shav is instantly known to be in vain as soon as the person swears, while a Shevu'as Sheker is not known to be a false Shevu'ah at the moment the person swears, but only afterward. When a person takes a false oath about the past, it is not always instantly known that the oath is false. Similarly, it cannot be known that an oath about the future will be false.
(d) If a person takes an oath prohibiting himself to do a certain act and he knowingly transgresses his oath, or if he knowingly takes a false oath that he did or did not do a certain act, he is punished with Malkus. However, if he swears to do something and does not do it, he does not get Malkus, since no action is involved (RAMBAM Hilchos Shevu'os 4:20).
8) [line 18] התראת ספק HASRA'AS SAFEK - a warning that is in doubt
(a) If a person transgresses a Lav for which the punishment is the death penalty or lashes, he can be put to death or lashed only if he was given a proper Hasra'ah (warning). The warning must be, "Abstain, because this action is prohibited and you will be punished with the death penalty or lashes for doing it," or something to that effect. If the warning is, "Abstain, because this action might be prohibited...," it is called Hasra'as Safek. If it turns out that a transgression was done, the Amora'im argue as to whether Malkus may be administered.
(b) For example, witnesses warn a person who was slaughtering a Korban Pesach, "Do not slaughter that Korban, since you might have Chametz in your possession." Even if he did possess Chametz at the time, he does not receive Malkus according to the opinion that Hasra'as Safek is not a Hasra'ah, since the witnesses did not warn him that he was about to transgress a prohibition; rather, they warned him that he might transgress a prohibition.
9) [line 33] א''ל רבי יוחנן לתנא לא תתני ומימר AMAR LEI REBBI YOCHANAN L'TANA, LO TISNI U'MEIMAR - Rebbi Yochanan said to the Tana of a Beraisa: Do not include Temurah [among the exceptions to the rule that Malkus is not given for transgressions that were committed without performing an action, because in the case of Temurah, the person's words do an action - they are Makdish an animal]. (According to the text of our Gemara earlier (3a), Rebbi Yochanan himself said in the name of Rebbi Yosi ha'Glili that Temurah is an exception! This is not difficult, however, according to the text in the margin there that replaces "Rebbi Yochanan" with "Rebbi Yehudah.")
10) [line 35] "והפלא ה' את מכותך" "V'HIFLA HASH-M ES MAKOSECHA" - "And Hashem will make your misfortunes unbearable" (Devarim 28:59)
11) [line 39] "[את ה' אלקיך תירא ואתו תעבד] ובשמו תשבע" "[ES HASH-M ELOKECHA TIRA, V'OSO SA'AVOD,] UVI'SHEMO TISHAVE'A." - "[You shall fear HaSh-m your G-d, and you shall serve Him,] and in His name you shall swear." (Devarim 6:13)
12) [line 40] נשבעין לקיים את המצות NISHBA'IN L'KAYEM ES HA'MITZVOS - one may make an oath in order to strengthen one's resolve to do a Mitzvah
13) [line 42] "[את ה' אלקיך תירא אתו תעבד] ובו תדבק ובשמו תשבע" "[ES HASH-M ELOKECHA TIRA, OSO SA'AVOD,] U'VO SIDBAK, UVI'SHEMO TISHAVE'A." - "[You shall fear HaSh-m your G-d, you shall serve Him,] and to Him you shall cling, and in His name you shall swear." (Devarim 10:20)
14) [line 43] מוציא שם שמים לבטלה MOTZI SHEM SHAMAYIM L'VATALAH - one who utters HaSh-m's name for no reason