[8a - 23 lines; 8b - 36 lines]

1)[line 1]עפר תיחוחAFAR TICHO'ACH- loose earth

2)[line 1]קא עביד גומא!KA AVID GUMA!- he is making a hole [in the ground, which a Melachah of Boneh (building)]!


(a)MEKALKEL - One who unintentionally performs a Melachah (one of the thirty-nine creative acts that are forbidden on Shabbos) on Shabbos must offer a Korban Chatas (see Background to Yoma 61:35). As a general rule, this is true only if he does so through a creative act. The performance of a destructive act - even if it falls under the heading of one of the thirty-nine Melachos of Shabbos - does not incur a Chiyuv Chatas.

(b)MELACHAH SHE'EINAH TZERICHAH L'GUFAH - One who unintentionally performs a Melachah on Shabbos must offer a Korban Chatas. As a general rule, this is true only if he desires the primary result of that action. If one intentionally performs a Melachah on Shabbos in order to achieve a secondary result of that action, then that action is termed a Melachah she'Einah Tzerichah l'Gufah. (There are a number of opinions in the Rishonim as to what exactly comprises the "primary" or "secondary" result of a Melachah; See Insights to Shabbos 93:3 or Shabbos 12:1 for details.) Such a Melachah is a full Melachah according to the opinion of Rebbi Yehudah, whereas Rebbi Shimon rules that he need not offer a Korban Chatas although it is prohibited mid'Rabanan.

(c)Digging a hole in the ground is one of the necessary stages of Boneh (building), one of the thirty-nine Melachos of Shabbos. The Gemara (Chagigah 11a) explains that if one does not wish for there to be a hole at all, but rather desired the dirt from the hole, then such an action is both a Melachah she'Einah Tzerichah l'Gufah as well as Mekalkel. For these reasons, one who performs it need not offer a Korban Chatas. If it is necessary to cover the blood of a Chayah that one wishes to slaughter for a Yom Tov meal, then it permitted outright so that one may enjoy Yom Tov (TOSFOS DH v'Eino).

4)[line 4]מאן דכר שמיה?MAN DACHAR SHMEI?- who mentioned it?

5)[line 7]שהוסקSHE'HUSAK- that [the wood that produced this ash] was burned

6a)[line 8]ואם ראוי לצלות בו ביצהV'IM RA'UY LI'TZLOS BO BEITZAH- and if [the lower layers of ash that was produced on Yom Tov] are still fit to roast an egg

b)[line 8]מותרMUTAR- [one] may [use the upper layers to cover the blood of a Chayah or bird, since that ash is, generally speaking, still fit for the use for which it was designated on Erev Yom Tov and is therefore not Muktzah]

7)[line 12]הכניס עפרHICHNIS AFAR- if one brought earth [and piled it in one specific place]

8a)[line 12]גנתוGINASO- his garden

b)[line 12]חורבתוCHURVASO- his ruin [whose roof has caved in, leaving the area underneath suitable for planting]

9)[line 14]מלא קופתוMELO KUPASO- [even as small an amount as] one boxful [without designating it for a specific purpose]

10)[line 14]ועושה בה כל צרכוV'OSEH BO KOL TZARCHO- and [it does not become nullified to the dirt floor, in which case] he may use it for any purpose that he wishes

11)[line 16]שייחד לו קרן זויתSHE'YICHED LO KEREN ZAVIS- that he designated a specific corner for it [as opposed to spreading it around on the floor]

12)[line 16]כויKOY

(a)The Tana'im disagree as to the identity of the animal referred to as a "Koy." Some explain that is a certain wild species of ram, while others maintain that it is the offspring of a ram and a female deer (Chulin 80a). Either way, a Koy exhibits characteristics of both domesticated animals (Behemos), which do not require Kisuy ha'Dam (see Background to 2:5), and non-domesticated animals (Chayos), which do require Kisuy ha'Dam.

(b)As a result of this dual nature, some Tana'im rule that the Halachic status of a Koy is unclear - one of a Safek. This is usually the assumption of a Koy's status when it is referred to in the Gemara. One must therefore treat it stringently as both a Behemah and a Chayah. One way in which this manifests itself is that one must cover the blood of a Koy after it is slaughtered, since it may be a Chayah (although one does not recite a Berachah when doing so).

13)[line 17]ואי איתאV'IY ISA- and if it is true [that earth dumped in a corner is automatically designated for any and all uses]


14)[line 3]מוכן לודאי ואין מוכן לספקMUCHAN L'VADAI V'EIN MUCHAN L'SAFEK- [although it is intended for any purpose, is considered] designated for certain use [only] and not possible use

15)[line 9]אתי עשה ודחי את לא תעשהASI ASEH V'DACHI LO SA'ASEH (ASEH DOCHEH LO SA'ASEH)

(a)When the fulfillment of a Lo Sa'aseh (prohibition) would prevent one from fulfilling a Mitzvas Aseh (positive commandment), the Aseh is able to "push aside" the Lo Sa'aseh. For example, if one wishes to wear a four-cornered linen garment, then the prohibition of Sha'atnez (see Background to 14:31) should prohibit one from attaching woolen threads to it. However, the Mitzvah of Tzitzis includes the attachment of woolen threads dyed with Techeles (a turquoise dye) to any four-cornered garment. The Mitzvas Aseh of Tzitzis therefore overrides the Lo Sa'aseh of Sha'atnez.

(b)The Tana'im disagree as to the source of this Halachah. Some understand that the proximity of the Mitzvah of Tzitzis and the Isur of Sha'atnez - which are commanded in adjacent verses (Semuchin) - serves as an indication that the Mitzvah of Tzitzis overrides the Isur of Sha'atnez (Yevamos 4a). Others derive it from other sources (see Yevamos 5a, as well as Nazir 41a and 58a).

16a)[line 11]מילה בצרעתMILAH B'TZARA'AS- [the removal of] a foreskin that has Tzara'as (as one is prohibited to cut Tzara'as from his skin)

b)[line 11]סדין בציציתSADIN B'TZITZIS- [the placement of woolen] Tzitzis on [a four-cornered] linen [garment]

17)[line 12]בעידנאB'IDNA- at the time

18)[line 14]דבהדי דכתיש קא מכסיDEBA'HADEI D'CHATISH KA MICHSEI- that along with the crumbling [of the earth with the shovel] he [slaughters the animal over that very area and thereby] covers [the blood, fulfilling the Mitzvas Aseh at the same time that he transgresses the Lav] (RABEINU CHANANEL)

19)[line 15]יום טוב עשה ולא תעשה הואYOM TOV ASEH V'LO SA'ASEH HU- Yom Tov [includes both] a positive commandment [to rest from the performance of Melachah (Vayikra 23:39)] as well as a prohibition [against performing Melachah]

20)[line 19]צואהTZO'AH- excrement [of an infant, which may or may not appear and which may or may not fall in an area in which it one would wish to cover it]

21)[line 21]נהרבלאיNAHARBELA'I- this refers to Rami bar Beribi (alt. Beruchi) (Sanhedrin 17b)

22)[line 24]כוי הרי הוא כצואהKOY HAREI HU K'TZO'AH- earth designated to cover excrement may be used to cover the blood of a Koy [since they are both purposes that are less than definite]

23a)[line 25]תסתייםTISTAYEM- let us prove

b)[line 27]תסתייםTISTAYEM- it is proven [that Rava is of the opinion that excrement is considered a doubtful outcome, in which case it is similar to a Koy]

24a)[line 28]גזירה משום התרת חלבוGEZEIRAH MISHUM HATARAS CHELBO (CHELEV)

(a)Chelev refers to those fats of an animal offered upon the Mizbe'ach. This includes the layer of fat covering the stomachs of the animal, all other fat attached to the stomachs, and the fat lining the kidneys along its flanks (Vayikra 3:4).

(b)One may not consume the Chelev of a kosher Behemah (domesticated animal), although one may derive any other benefit from it. "Shuman" is the term for all other fats of a Behemah that are permitted for consumption. Both Chelev and Shuman of a Chayah (non-domesticated animal) may be eaten.

(c)If one consumes Chelev intentionally, he is liable to receive Kares (see Background to Sukah 25:25); if he did so unintentionally, then he must offer a Korban Chatas (see Background to Yoma 61:35). If one is in doubt as to whether the fat that he ate was Chelev or Shuman, then he must offer a Korban Asham Taluy (see Background to ibid.).

(d)Rami brei d'Rav Yeyva explains that if one were to cover the blood of a Koy on Yom Tov, then an observer may conclude that the Koy is a full-fledged Chayah. This could lead to his consuming the Chelev of a Koy, which is forbidden due to the possibility that a Koy is really a Behemah.

25)[line 29]לנקר חצרוL'NAKER CHATZEIRO- to clean his courtyard

26)[line 30]בא לימלךBA LI'MALECH- if he comes to ask [the proper Halachic procedure, in which case he will be told clearly that he must cover its blood]

27)[line 30][אי נמי] מספקא[IY NAMI] MESAFKA- [a person will assume that even if the Rav] is in doubt [as to the status of the Koy]

28)[line 34]בדקירה אחתBI'DEKIRAH ACHAS- with [the overturning of] one shovelful [of earth]