[7a - 42 lines; 7b - 46 lines]

1)[line 2]מקח טעותMEKACH TA'US

(a)A Mekach Ta'us is a business transaction conducted upon false premises. If one is misled into purchasing something other than what he thought he was buying, then the sale is null and void, and both the item and the money are returned to their original owners. Another example of a Mekach Ta'us a transaction in which one is overcharged by more than one sixth of the total price of an object [which is one-fifth of its value].

(b)If one was misled regarding a minor aspect of a purchased item or overcharged by one-sixth or less of its value, then the sale is valid. However, the merchant must make good on that which he promised, and he must refund the amount that he overcharged.

(c)If the customer mistook the merchant's meaning when the merchant did not intend to mislead him, then the transaction is valid as completed.

2)[line 3]והדרV'HADAR- and [his money must be] returned [in full]

3)[line 4]דצריבןD'TZERIVAN- they are fully developed

4a)[line 5]למאי נפקא מינה?L'MAI NAFKA MI'NAH?- what difference would there be [if that was indeed the case]?

b)[line 5]למיתבה ליה ביני ביניL'MEISVAH LEI BEINEI BEINEI- to give [the buyer a refund of] the difference [in price between eggs laid by a hen and those found in a slaughtered hen, as opposed to a full refund]

5)[line 6]ביעי דדכראBEI'EI D'DICHRA- eggs [fertilized] by a rooster

6)[line 7]דספנא מארעאD'SAFNA ME'AR'A- that [were laid by a hen that] absorbed warmth from the ground [as opposed to from a rooster; i.e., unfertilized eggs]

7)[line 11]דשמינן טפיD'SHAMINAN TFEI- they are richer

8)[line 17]מעורות בגידיןME'UROS B'GIDIN- intertwined with sinews

9)[line 18]נבלת עוף טהורNIVLAS OF TAHOR

(a)The carcass of a Kosher bird (Nivlas Of Tahor) that died through any means other than Halachically acceptable Shechitah (a Neveilah) has a unique status. Generally, items that are Tamei spread Tum'ah through contact (Maga) or being carried (Masa). The only item of Tum'ah that transfers Tum'ah in any other fashion (mid'Oraisa) is a Nivlas Of Tahor, which causes a person to become Tamei at the time that he swallows a k'Zayis of it.

(b)When one swallows a Nivlas Of Tahor, he becomes a Rishon l'Tum'ah. In addition, it confers the status of a Rishon l'Tum'ah upon any clothing or utensils that he is in contact with at that time.

(c)The Mishnah (Taharos 1:1) lists twelve other qualities of a Nivlas Of Tahor; among them:

1.One must have considered it food in order for it to be Metamei;

2.It does not require Hechsher (see Background to Shekalim 9:23);

3.Nivlas Of Tahor the size of a k'Beitzah receives Tum'as Ochlin (ibid.);

4.One who becomes Tamei through eating it must wait until nightfall after going to the Mikvah to become completely Tahor;

5.One who enters the Mikdash while Tamei from eating Nivlas Of Tahor is Chayav Kares;

6.Terumah which comes into contact with it must be burned (i.e. the Nivlas Of Tahor is considered a Rishon l'Tum'ah);

7.One who eats a limb of such an Of that was detached while the animal was still alive (Ever Min ha'Chai; see below, entry #12) receives thirty-nine lashes;

8.If a bird is properly slaughtered outside of the Beis ha'Mikdash - or if Melikah (see Background to Pesachim 59:6) is performed upon it when it is offered - then it is no longer Metamei, even if found to be a Tereifah (see Background to Chulin 42:3).

(d)The Beraisa quoted in our Gemara now goes on to list different parts of a Nivlas Of Tahor, grouping them into those which are considered meat of the bird and which therefore cause Tum'ah when they are swallowed, and those which are not considered meat and do not confer Tum'ah.

10)[line 18]שלל של ביציםSHLAL SHEL BEITZIM- eggs just before they are laid; "Shlal" means loose stitching (O.F. baste - basting), referring to the veins and sinews surrounding the egg at this stage

11)[line 19]בשר שנתלש מן החיHA'BASAR SHE'NITLASH MIN HA'CHAI (EVER MIN HA'CHAI)

(a)Ever Min ha'Chai refers to an entire limb detached from an animal while it is still alive. An organ is considered a complete limb whether it contains bone, flesh, and sinews (such as a hand or foot) or only flesh (such as the tongue or heart). Basar Min ha'Chai refers to flesh detached from a limb of an animal while it is still alive. The Torah forbids the consumption of both (RAMBAM Hilchos Ma'achalos Asuros 5:1).

(b)The prohibition to eat Ever Min ha'Chai is derived from the Pasuk of "v'Lo Sochal ha'Nefesh Im ha'Basar" ("You shall not eat the spirit together with the flesh") (Devarim 12:23). If the limb contains only flesh (e.g. the tongue or heart), then he who eats it receives lashes if he consumes an entire k'Zayis of flesh. If the limb contains bones, sinews and flesh, then the bone and sinews combine with the flesh to make up the k'Zayis as long as the limb is eaten in that form (as opposed to one who detached the meat from the bone etc. prior to its consumption). One does not receive lashes for eating less than a k'Zayis even if he ate an entire limb. (RAMBAM Hilchos Ma'achalos Asuros Ch. 5; SEFER HA'CHINUCH #452)

(c)The Beraisa teaches that if one ate such a limb from a bird that subsequently became a Nivlas Of Tahor, it does not have the qualities of a Nivlas Of Tahor (see above, entry # 10). It is certainly still prohibited due to Ever Min ha'Chai, however.

12)[line 19]האשכול של ביציםHA'ESHKOL SHEL BEITZIM- eggs attached to the ovary; this describes eggs at a developmental stage earlier then that of Shlal (see above, entry # 11)

13)[line 19]הקורקבןHA'KURKEVAN- the gizzard (the second stomach of a bird)

14)[line 19]בני מעייןBNEI ME'AYIN- the intestines

15a)[line 20]המחה את החלבHIMCHAH ES HA'CHELEV- he melted its fat

b)[line 20]וגמעוV'GIM'O- and swallowed it

16)[line 23]לענין אסוראL'INYAN ISURA- regarding the prohibition [of eating it with milk, as a result of a Rabbinic decree due to the meat-like appearance of the sinews surrounding it]

17)[line 24]אפושיAPUSHEI- increasing

18)[line 25]דתליאD'TALYA- that are hanging

19)[line 27]אשכול גופיהESHKOL GUFEI- the [meat of the] ovary itself

20)[line 27]מידי דהוהMIDI D'HAVAH- (the Gemara answers) similar to

21)[line 30]כל שתשמישו ביוםKOL SHE'TASHMISHO B'YOM- any [creature] that has relations during the day [exclusively]

22)[line 33]עטלףATALEF- (O.F. chauvesouris) a bat

23)[line 33]כל דדמי ליהKOL D'DAMI LEI- anything similar to it [in that it has relations, potentially, both during the day and night; this includes all other species (RABEINU CHANANEL)]

24)[line 35]קינהKINAH- nest

25)[line 41]בהדהBAHADAH- with her

26)[line 41]גמיריGEMIRI- we have a tradition

27)[last line]ועד כמה?V'AD KAMAH?- how far away [can a rooster be from a hen and it is still safe to assume that her eggs were laid during the day?]


28)[line 1]דשמעה קליה ביממאD'SHAM'AH KALEI B'YEMAMA- she hears his crowing during the daytime [when it does not travel as well as it does by night]

29)[line 2]שתין בתיSHITIN BATEI- sixty houses [in a row]

30)[line 2]נהראNAHARA- a river

31)[line 2]לא עבראLO AVRA- [the crowing] does not carry over

32)[line 3]מבראMAVRA- a bridge

33)[line 3]מיצראMEITZRA- a narrow footbridge, which makes crossing possible only if one holds onto the rope that runs above it

34)[line 6]אימא מאתמול הואיEIMA ME'ESMOL HAVA'I- one can say that it was laid the previous day [since even hens that absorb heat from the ground lay most of their eggs during the daytime]

35a)[line 9]תומא שחיקאTUMA SHECHIKA- ground garlic

b)[line 10]סכנתא לגלויאSAKANTA L'GILUYA

(a)Water and certain other substances may not be consumed if they were left uncovered overnight. This is a result of a Rabbinic decree, due to fear that a poisonous snake partook of the substance, leaving venom behind. Rebbi Yosi ben Sha'ul quoted Rav that ground garlic is one of these substances.

36)[line 13]שאין חמוצו קשהSHE'EIN CHIMUTZO KASHEH- whose degree of leavening is not acute

37)[line 22]פתח הכתוב בשאור וסיים בחמץPASACH HA'KASUV B'SE'OR V'SIYEM B'CHAMETZ- the verse begins by discussing Se'or and finishes with a reference to Chametz (The verse in question states, "[For] seven days Se'or shall not be found in your houses, for any who consume Chametz shall be cut off ..." [Shemos 12:19])

38)[line 23]זהו שאור זהו חמץZEHU SE'OR ZEHU CHAMETZ- Se'or and Chametz have the same Halachos

39)[line 25]ביעורBI'UR (BAL YERA'EH)

(a)Aside from the negative commandment which prohibits the eating of Chametz or Se'or (sourdough; a very heavily fermented dough that is mixed with fresh dough as a leavening agent) on Pesach, two negative commandments regulate the owning of Chametz or Se'or during Pesach. These are "Bal Yera'eh" - a commandment which prohibits one from allowing Chametz or Se'or to be seen in his possession, and "Bal Yimatzei" - a commandment which prohibits one from allowing Chametz or Se'or to be found in his possession.

(b)The prohibition of Bal Yera'eh is derived from the verse, "Lo Yera'eh Lecha Chametz v'Lo Yera'eh Lecha Se'or b'Chol Gevulecha" - "Chametz shall not be seen by you, and Se'or shall not be seen by you, in all of your boundaries" (Shemos 13:7). The Rishonim discuss whether this prohibition applies only to Chametz or Se'or which is actually seen, or whether it applies even to Chametz or Se'or which could theoretically be seen (see Minchas Chinuch 20:1).

(c)The prohibition of Bal Yimatzei is learned from the Pasuk, "Shiv'as Yamim Se'or Lo Yimatzei b'Vateichem" - "[For] seven days Se'or shall not be found in your houses" (Shemos 12:19). The Gemara teaches that this verse does not mean merely that Se'or should not be found in one's house, but rather that it should not be in one's general possession, whether it is in his house or not. Furthermore, this prohibition applies not only to Se'or, but to all Chametz. One who keeps Chametz or Se'or in his possession over Pesach transgresses this prohibition even if the Chametz or Se'or is hidden away.

(d)Our Gemara refers to the prohibition of Bal Yera'eh as "Bi'ur", which means "destruction". The commandment to be sure that no Chametz is seen in one's possession on Pesach implies that Chametz must be destroyed.

40)[line 27]"... וְלֹא יֵרָאֶה לְךָ חָמֵץ וְלֹא יֵרָאֶה לְךָ שְׂאֹר [בְּכָל גְּבֻלֶךָ]""... V'LO YERA'EH LECHA CHAMETZ V'LO YERA'EH LECHA SE'OR [B'CHOL GEVULECHA]"- "Chametz shall not be seen by you, and Se'or shall not be seen by you, in all of your boundaries" (Shemos 13:7) - See previous entry.

41)[line 30]"השוחט" דיעבד אין, לכתחלה לא"HA'SHOCHET" DI'EVED IN, L'CHATCHILAH LO- (the word "ha'Shochet" in the Mishnah means) "if one slaughters" [implying that the Halachah stated applies] only after the fact and [is] not [what should be done] ideally

42)[line 31]לא ישחוט ויכסה קאמרLO YISHCHOT V'YECHASEH KE'AMAR- [Beis Hillel] mean that one should not slaughter and cover the blood [implying that Beis Shamai rule that one should cover the blood - but not necessarily that one should slaughter]

43)[line 33]השוחט שבא לימלךHA'SHOCHET SHE'BA LI'MALECH- one who [wishes to] slaughter [but has no crumbled earth set aside for that purpose] and comes to ask [for the correct Halachic ruling] (i.e., the Mishnah is discussing the Halachah l'Chatchilah, unlike our initial assumption)

44)[line 41]דמר אית ליה דרבי זיראD'MAR IS LEI D'REBBI ZEIRAH- [let us say] that Mar ("Sir"; a respectful third-person term referring in this case to Rebbi Yosef) agrees with the ruling of Rebbi Zeira [and therefore requires the digging of earth before the slaughter, so that earth will lie below the blood]

45)[line 43]איןIN- [one] may [slaughter a Chayah on Yom Tov]

46)[line 43]ממליךMAMLICH- he will change his mind [after digging]

47)[line 44]שרית ליהSHARIS LEI- permit him

48)[line 44]לאמנועיL'IMNU'EI- to withhold

49)[last line]דקר נעוץDEKER NA'UTZ MI'BE'OD YOM- a shovel stuck in the ground from Erev Yom Tov

50)[last line]כתישהKESISHAH- crumbling [clods of earth into small particles fit for Kisuy ha'Dam, which is a prohibited offshoot of the Melachah of Tochen (grinding)]