[32a - 50 lines; 32b - 32 lines]

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We recommend using the textual changes suggested by the Bach 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.

[1] Gemara 32a [line 45]:

Should be corrected as suggested by Shitah Mekubetzes #5

[2] Rashi 32a DH Hekdesh Ninhu " :

The words "v'Lo Dami"

should be "d'Lo Dami"

[3] Gemara 32b [line 31]:

Should be corrected as suggested by Shitah Mekubetzes #8

[4] Rashi 32b DH Mani " :

The words "Ka'amar Rebbi Akiva"

should be "d'Ka'amar Rebbi Akiva"

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1)[line 6]" [ ' ...]""RAK B'CHOL AVAS NAFSHECHA TIZBACH V'ACHALTA VASAR [K'VIRKAS HASH-M ELOKECHA ASHER NASAN LECHA ...]"- "However, according to the desire of your soul you may slaughter and eat meat [according to the blessing that HaSh-m your G-d will give you ...]" (Devarim 12:15). This implies that one receives benefit (blessing) from the object only after it is slaughtered, but not during its lifetime.

2)[line 19]CHARAMIM

(a)There are two types of Charamim (a type of vow or pledge in which one pronounces "This object should be a Cherem"):

1.Chermei Kohanim, which are given to the Kohanim for their personal use and cannot be redeemed from the Kohen;

2.Chermei Gavo'ah, which are given to the Beis ha'Mikdash for the Bedek ha'Bayis and can be redeemed like any other Hekdesh.

(b)An object dedicated as a Cherem cannot be redeemed or sold, as the verse says, "It may not be sold and it may not be redeemed" (Vayikra 27:28).

3)[line 22]?MAFNEI? - are they free (are the words being used for the Gezeirah Shavah not used to teach anything else)? (GEZEIRAH SHAVAH)

(a)In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is Gezeirah Shavah, which is a Halachic device by which two similar words in the Torah from different subjects teach that laws from one subject apply to the other.

(b)A sage is only permitted to use the method of Gezeirah Shavah if he received a tradition from his teachers that a Gezeirah Shavah exists between the two words. However, the comparison that he makes regarding which laws are applied from one subject to the other may be his own, if he did not learn it directly from his teachers.

(c)MUFNEH MI'SHENEI TZEDADIM - If two similar words in the Torah are free of any Derashah, they may be used unconditionally for the inference of a Gezeirah Shavah between the two topics.

(d)MUFNEH MI'TZAD ECHAD - If only one of the words is free, there is a Machlokes whether they may be used unconditionally for the inference of a Gezeirah Shavah (Lemedin v'Ein Meshivin), or if they can only be used for a Gezeirah Shavah if we have no logical argument against learning the Gezeirah Shavah (Lemedin u'Meshivin).

(e)EINO MUFNEH KOL IKAR - If both words are used for another Derashah, there is a Machlokes whether they can only be used for a Gezeirah Shavah if we have no logical argument not to learn the Gezeirah Shavah, or if they cannot be used at all for a Gezeirah Shavah.

4)[line 23], LE'AYEI, AFNUYEI MAFNEI- indeed, they (the words "Lo Yiga'el" written with regard to Ma'aser and with regard to Charamim) are certainly free (for inferring a Gezeirah Shavah)

5)[line 28] KADOSH LEFANAV UL'ACHARAV (MA'ASER BEHEMAH)

(a)Every year, a person must collect all of the Kosher animals that were born during that year into a corral. As they leave the corral through a narrow opening, one by one, the owner counts them and marks every tenth one as Ma'aser Behemah. The Mitzvah of Ma'aser Behemah is stated in Vayikra (27:32), "v'Chol Ma'asar Bakar va'Tzon, Kol Asher Ya'avor Tachas ha'Shavet, ha'Asiri Yiheyeh Kodesh la'Sh-m." - "And all of the herds and flocks shall be tithed as they are counted under the rod, every tenth one being consecrated to HaSh-m."

(b)Ma'aser Behemah is eaten by its owner. If it has no Mum (blemish or defect), it is offered as a Korban on the Mizbe'ach and eaten by its owner in Yerushalayim. If it has a Mum, the owner may slaughter and eat it anywhere.

(c)If one designated the tenth animal as Ma'aser Behemah, no other animal can become Ma'aser Behemah afterwards. However, if two animals exited the corral at the same time and the owner designated both as Ma'aser (the tenth animal), both become Kodesh (one is considered Ma'aser Behemah, and the other must be brought as a Shelamim; see RASHI to Kidushin 51a DH v'Achad Asar). In addition, Ma'aser Behemah has the feature that it takes effect even in error. If the tenth animal was not called "tenth" but the animals that were next to the tenth animal were called "tenth," then they, too, become consecrated, according to all opinions. Beis Shamai cites a case where the owner called the ninth animal "tenth," the tenth, "ninth" and the eleventh, "tenth." The ninth animal is put out to pasture and may be eaten after it develops a Mum (blemish). The tenth animal is brought as the Korban Ma'aser Behemah. The eleventh animal is brought as a Korban Shelamim (Mishnah Bechoros 60a).

6)[line 39] "" "" BECHOR NAMI NEILAF GE'ULAH GE'ULAH ME'CHARAMIM- with regard to Bechor, we should also learn [the meaning of "Lo Sifdeh" - "You shall not redeem" (Bamidbar 18:17)] through a Gezeirah Shavah of "Lo Yiga'el" that is written with regard to Charamim (Vayikra 27:28)

7)[line 43] , ZO HI SHIVAH, ZO HI BI'AH - "returning" and "coming" mean the same thing (NIG'EI BATIM - Tzara'as that infects houses)

(a)The marks of Tzara'as for houses consist of intense green or intense red streaks or spots that are at least the size of two Gerisin (a Gris is a Cilician bean, approximately the size of a dime) (Nega'im 12:3). If Tzara'as is found on the walls of a house, it is put into quarantine by a Kohen for a week. Before the Kohen puts the house into quarantine, he commands that the house be emptied of its contents to prevent its utensils from becoming Tamei.

(b)The Torah states, "v'Shav ha'Kohen" (Vayikra 14:39), to prescribe that the Kohen return six days later to check the house. If the Tzara'as has spread, one must remove (Choletz) the stones with Tzara'as from the house, scrape off the surrounding plaster, insert new stones and re-plaster the entire house. The house is then put into quarantine for another week. If the Tzara'as returns to the house during the following week, the owner must dismantle (Notetz) the entire house (Vayikra 14:45). The stones from the house must be taken out of the city, and they remain Asur b'Hana'ah forever.

(c)On the other hand, if the Tzara'as did not change after the first week, the Kohen leaves it as is and returns again six days later. The verse states, "u'Va Ha'kohen" (Vayikra 14:44), which means "if, when the Kohen comes back to the house to inspect it a second time, he finds that the spot of Tzara'as has spread, the house is Tamei." Chazal teach that this verse is referring to a spot of Tzara'as that does not spread during its first week. The Kohen "comes back to the house" after a second week to see whether the spot has spread, remains, or has disappeared. If the Tzara'as has either spread or remained, one must remove (Choletz) the stones with Tzara'as from the house, scrape off the surrounding plaster, insert new stones and re-plaster the entire house. The house is then put into quarantine for another week (Vayikra 14:40). If the Tzara'as returns to the house during the following week, the owner must dismantle (Notetz) the entire house (Vayikra 14:45). The stones from the house must be taken out of the city, and they remain Asur b'Hana'ah forever.

(d)Even though the words "v'Shav" and "u'Va" are not identical, they are referring to the same action; namely, the Kohen entering the house to inspect it. This relates the two verses to each other with a Gezeirah Shavah. Just as the house is not dismantled if the Tzara'as spreads during the first week unless the stones are scraped and the Tzara'as returned to the house after a week of quarantine so, too, the house is not dismantled if the Tzara'as spread during the second week unless it returns to the house after the quarantine period that follows the scraping.

(e)If during one of the inspections at the end of the first or second week the Kohen finds that the Tzara'as has disappeared or diminished in intensity such that it can no longer be classified as a Nega, the location of the spot alone is scraped and the house is declared Tahor after the owner follows the procedure for being Metaher houses (see Background to Sukah 13:11:IV). (RAMBAM Hilchos Tum'as Tzara'as 15:2)

8)[line 46], MA'ASER, GE'ULAH KEMOSO- with regard to Ma'aser, the word "Yiga'el" is written [just as the word "Yiga'el" is written with regard to Charamim]

9)[line 48] HEKDESH NINHU- they are Hekdesh; that is, they have a strong Kedushah (Kedushas ha'Guf, and not merely Kedushas Damim), as the verse states, "Kodesh Kodashim Hu" (Vayikra 27:29), and it is impossible to redeem them (RABEINU TAM in Tosfos DH RAVA)

32b----------------------------------------32b

10)[line 21] KA AVID UVDIN D'CHOL- he is treating them as if they are Chulin

11)[line 25] LO YIMNEH YISRAEL- a Jew may not be designated as one of the guests of the Kohen to eat the Bechor

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