[41a - 46 lines; 41b - 23 lines]

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We recommend using the textual changes suggested by the Bach, the Tzon Kodashim 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 41a [line 10]:

The words "v'Ka Satim Lah" וקא סתים לה

should be "Ka Satim Lah" קא סתים לה (RABEINU GERSHOM)

[2] Gemara [line 23]:

Should be corrected as suggested by Shitah Mekubetzes #6

[3] Gemara [line 35]:

Should be corrected as suggested by Shitah Mekubetzes #10

[4] Gemara [line 44]:

The comment in the margin, that the words "Rebbi Yishmael..." רבי ישמעאל... belong in a different place, appears to be incorrect

[5] Rashi 41a DH Kenegdo ד"ה כנגדו:

The words "Shama'ti Kegon she'Zanav" שמעתי כגון שזנב

should be "Shama'ti she'Zanav" שמעתי שזנב (both in Rashi and in the marginal comment)

[6] Rashi DH O she'Hemis ד"ה או שהמית:

Should be corrected as suggested by Shitah Mekubetzes #16

[7] Rashi DH d'Mitzrayim ד"ה דמצרים:

Should be corrected as suggested by Shitah Mekubetzes #19 (and the word "uv'Chares" ובכרת should be omitted)

[8] Rashi DH Dilma [at the end of the page] : ד"ה דלמא

Should be corrected as suggested by Shitah Mekubetzes #24

[9] Rashi 41b DH Hainu ד"ה היינו:

Should be corrected as suggested by Shitah Mekubetzes #11

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1a)[line 1]קפץ העליוןKEFETZ HA'ELYON- the upper joint where the Shok (middle bone) is joined to the thigh

b)[line 1]קפץ התחתוןKEFETZ HA'TACHTON- the lower joint near the hooves

2)[line 2]כנגדו בגמל ניכרCH'NEGDO B'GAMAL NIKAR- the upper joint of a camel is recognizable by a protruding bone; alt. by the location of the end of a camel's tail

3)[line 2]על אלו מומין שוחטין את הבכורAL ELU MUMIN SHOCHTIN ES HA'BECHOR - It is permissible to slaughter a Bechor when it develops one of the following blemishes (MUMIN: MUMEI BEHEMAH)

(a)There are three types of blemishes (Bechoros 43a):

1.Blemishes that invalidate a Kohen from doing the Avodah or invalidate an animal from being offered as a sacrifice on the Mizbe'ach;

2.Blemishes that only invalidate a Kohen but not an animal;

3.Blemishes that invalidate a Kohen and also an animal but only because of Mar'is ha'Ayin (for appearance's sake).

(b)The following is a list of blemishes that invalidate an animal from being offered as a sacrifice, and permit a Bechor to be slaughtered to eat (Vayikra 22:22-24, based partially on Rav Aryeh Kaplan's "The Living Torah"). Although there is a dispute as to the precise meaning of the names of the Mumim, all of the blemishes are known through tradition (RAMBAM, Perush ha'Mishnah to Bechoros 7:2).

1.AVERES - blind (even in one eye)

2.SHAVUR - broken-limbed

3.CHARUTZ - gashed; this includes a perforated or split eyelid, nose or lip, or a gash anyplace where there is a bone

4.YABELES - warts

5.GARAV - mange, the animal equivalent of eczema

6.YALEFES - ringworm

7.SARU'A - an extra limb or an overgrown limb

8.KALUT - a missing limb or un-split hooves

9.MA'UCH - testicles crushed by hand

10.KATUS - testicles crushed by an implement

11.NATUK - testicles that are pulled loose

12.KARUS - severed testicles

(c)The Torah specifies two more Mumim that apply to the Bechor animal (Devarim 15:21):

1.PISE'ACH - crippled

2.IVER - blind

4)[line 15]יבלתYABELES- a wart on the eye

5)[line 15]חזזיתCHAZAZIS- running sores, pimples, or scabs

6)[line 15]מזוהםMEZOHAM- an animal with an offensive smell

7)[line 15]שנעבדה בו עבירהSHE'NE'EVDAH BO AVEIRAH - a male (Rove'a) or female animal (Nirba) that had relations with a human (HA'ROVE'A / HA'NIRBA)

(a)A Rove'a and a Nirba are animals that had relations with a human, as described in Vayikra 20:15-16. These animals are put to death so that they should not cause other people to sin in a similar manner, and in order not to cause disgrace to the sinner by reminding all who see these animals of the sin that was done with them (Sanhedrin 54a).

(b)In the instance of a Rove'a and a Nirba, only if two witnesses saw the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one witness saw it, or if there were no witnesses but the owner told Beis Din of the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be brought as a Korban.

8)[line 15]שהמית אדםSHE'HEMIS ADAM - an animal that killed a person (SHOR HA'NISKAL)

(a)The term Shor ha'Niskal refers to any animal or bird that is stoned to death by Beis Din. Such an animal is Asur b'Hana'ah after the death sentence is issued. There are three instances of a Shor ha'Niskal:

1.An animal that killed a person, as described in Shemos 21:28-31 and in Sanhedrin 2a.

2.A Rove'a or a Nirba, animals that had relations with a human, as described in Vayikra 20:15-16 and in Sanhedrin 2a. These animals are put to death so that they should not cause other people to sin in a similar manner, and in order not to cause disgrace to the sinner by reminding all who see these animals of the sin that was done with them (Sanhedrin 54a).

3.At the time that the Torah was given, Har Sinai was off limits to all people (except for Moshe Rabeinu A"H) and even to animals and birds. Any animal or bird who stepped on the mountain was to be stoned, as described in Shemos 19:13 and in Sanhedrin 15b. This only applied during the year that the Torah was given; it does not apply today.

(b)In the above-mentioned situations of Shor ha'Niskal, only if two witnesses saw the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one witness saw it, or if there were no witnesses but the owner told Beis Din of the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be brought as a Korban.

9)[line 16]טומטוםTUMTUM- an animal whose genitals are hidden such that it is not apparent whether it is male or female

10)[line 16]אנדרוגינוסANDROGINUS- a hermaphrodite (an animal with both male and female reproductive organs)

11)[line 20]שמלפפת והולכתSHE'MELAPEFES V'HOLECHES- it continues to cling to the body

12)[line 23]הרי גרב לח אמורHAREI GARAV LACH AMUR- the Garav mentioned in this verse must be moist (since the end of the verse discusses another malady named Cheres, which is dry, as the Targum tells us)

13)[line 25]דמצרים יבש מבפנים ולח מבחוץD'MITZRAYIM YAVESH MI'BIFNIM V'LACH MI'BACHUTZ- the Garav that smote Mitzrayim (Devarim 28:27) was dry on the inside and moist on the outside (and thus it is contrasted to Cheres, which is dry on the outside as well); since it was dry on the inside, it cannot heal

14)[line 33]רובע ונרבעROVE'A V'NIRBA

See above, entry #7.

15)[line 33]מוקצהMUKTZAH

A Muktzah is an animal that has been set aside ("Muktzah") to be used as an offering for Avodah Zarah. It is unfit to be brought as a Korban. In order to give an animal the status of a Muktzah, an action must be performed upon it for Avodah Zarah purposes. Mere speech (Hekdesh l'Avodah Zarah) is not sufficient.

16)[line 38]חרוץCHARUTZ- an animal with a gash

17a)[line 41]"... ומראהו עמוק מן העור...""... U'MAR'EHU AMOK MIN HA'OR..."- "[Then the Kohen shall inspect the mark, and, behold, if] it looks deeper than the skin, [and there is in it thin yellow hair, then the Kohen shall pronounce him Tamei; it is a Nesek, [which is] Tzara'as of the head or beard]" (Vayikra 13:30) - With regard to the disease of Tzara'as (see next entry), there are many instances of the concept of a mark on the skin looking deeper than the skin (see Vayikra 13:3, 4, 25, 31, 32, 34).

b)[line 41]ומראהו עמוק מן העורU'MAR'EHU AMOK MIN HA'OR (NIG'EI BASAR)

(a)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.)

(b)Nig'ei Basar refer to a blemish of Tzara'as that affects normal skin. It appears as a white blotch of one of four bright shades of white, sometimes with some red mixed in. Because of the difference in the refraction of sunlight into the eye, a white blotch on the skin may appear as a depression in the skin. The names and colors of these four types of marks are:

1.Baheres, which is the color of snow;

2.Se'es, which is the color of clean, white newborn lamb's wool;

3.Sapachas of Baheres, which is the color of the plaster used to whitewash the Beis ha'Mikdash;

4.Sapachas of Se'es, which is the color of the white membrane found on the inside of an egg.

18)[line 41]כמראה חמה העמוקה מן הצלK'MAR'EI CHAMAH HA'AMUKAH MIN HA'TZEL- like the appearance of the sun sunken from the shade (that is, optically, the lighter area appears to be depressed, while the darker area appears higher). Since this Mum is referred to as "Cheres," which also means "the sun" (Shoftim 14:18), it must be sunken. It is named Cheres after the sun, since what is in the sunlight also appears to be sunken. (M. KORNFELD, based on Rabeinu Gershom)

41b----------------------------------------41b

19)[line 10]זכר" ולא נקבה""ZACHAR" V'LO NEKEVAH- the verse (Vayikra 1:3) says that a Korban Olah must be "Zachar," a male animal, excluding a female.

20)[line 12]ואתי קרא למעוטי ספיקא?V'ASI KRA L'ME'UTEI SEFEIKA?- does the verse come to exclude a animal about which we are in doubt regarding its gender?

21)[last line]בערכין יערךB'ERCHIN YE'ARECH - it (a Tumtum) should be evaluated with a Erech value (ERECH)

(a)An Erech (endowment valuation) refers to a special form of vow. If a person declares, "Erech Ploni Alai" ("I accept upon myself to give the endowment value of so-and-so [to Hekdesh]"), he must give the specific value that the Torah designates for the person's gender and age group as stated in Vayikra 27:1-8 (see below, (b)). It makes no difference at all whether the person is healthy or sick, strong or weak.

(b)If one wishes to pledge the value of an individual — whether his own or that of someone else:

1.For ages 1 month to 5 years - the Erech for males is 5 Shekalim and for females is 3 Shekalim

2.For ages 5 years to 20 years - the Erech for males is 20 Shekalim and for females is 10 Shekalim

3.For ages 20 yrs. to 60 years - the Erech for males is 50 Shekalim and for females is 30 Shekalim

4.For ages 60 years and older - the Erech for males is 15 Shekalim and for females is 10 Shekalim

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