[34a - 39 lines; 34b - 30 lines]

1a)[line 1]לבדקןL'VADKAN- to test them [to see whether or not they will break after their firing, and if they do, then one will have exerted himself needlessly on Yom Tov]

b)[line 2]לחסמןL'CHASMAN- to strengthen them [which occurs through the baking process, and is prohibited since it improves and finishes the fashioning of the utensil]. Most Rishonim understand that this as well applies only to new tiles. The RIF and the RAMBAM, however, are of the view that this explanation disagrees with Rebbi Yochanan and understand our Mishnah to be referring to old tiles (MAGID MISHNEH Hilchos Yom Tov 3:11; see BEIS YOSEF to the TUR OC 508). See Insights for a full treatment of this topic.

2a)[line 2]דרסהDARSAH- [if a bird] was trampled

b)[line 2]טרפה בכותלTARFAH B'KOSEL- thrown violently against a wall

c)[line 3]רצצתה בהמהRETZETZATAH BEHEMAH- ravaged by an animal

3)[line 3]מפרכסתMEFARKESES- it is twitching

4)[line 3]שהתה מעת לעתSHAHESAH ME'ES L'ES- it remained [alive] for a twenty-four hour period

5)[line 5]צריכה בדיקהTZERICHAH BEDIKA- it must be checked [for internal injuries that would not have allowed it to live for a year after it remained alive for twenty-four hours]

6)[line 7]רעותאRE'USA- a suspicion [that it is a Tereifah, in which case one may not slaughter it on Yom Tov for fear that he is exerting himself needlessly]

7)[line 15]תבליןTAVLIN- spices

8)[line 16]מגיסMEGIS- (O.F. conmovre - to stir, usually with a spoon) stirs

9)[line 16]חייביןCHAYAVIN- are obligated [(presumably) to offer a Korban Chatas (see Background to 33:26) for performing Melachos on Shabbos]

10)[line 22]נגעו בהNAG'U BAH- it is [forbidden since it is] related to [that prohibition]

11)[line 23]ככל הכלים הנטלין בחצרK'CHOL HA'KELIM HA'NITALIN B'CHATZER- like all vessels that may be moved in a courtyard [and are not Muktzah since things may be stored inside of them]

12a)[line 24]סכין אותם שמןSACHIN OSAM SHEMEN- smear them with oil [to smooth and shine them]

b)[line 24]טשין אותן במטליתTASHIN OSAN B'MATLIS- polish them with a cloth

c)[line 25]מפיגין אותן בצונןMEFIGIN OSAN B'MAYIM- cool them in water [after they are fired in order to strengthen them]

13)[line 26]בשביל לאפותBI'SHVIL LE'EFOS- [he wishes to cool it] in order to cook in it [since it is too hot to cook in without burning the food]

14)[line 27]מולגיןMOLGIN- scald [with hot water in order to remove hair]

15)[line 28]טופליןTOFLIN- paste

16a)[line 28]חרסיתCHARSIS- ground pottery

b)[line 29]אדמהADAMAH- mud

c)[line 29]סידSID- lime

17)[line 29]גוזזיןGOZEZIN- trim

18)[line 30]הירקHA'YEREK- the [rotted and withered tips of] vegetables

19)[line 30]תספורת שלוB'TISPORES SHELO- with the tool used to cut it from the ground [since it appears as if he cut it on Yom Tov]

20a)[line 31]קונדסKUNDAS- artichokes

b)[line 31]עכביותAKAVIYOS- edible thistles; cardoon

21)[line 32]פורניPURNI- a large oven that opens from the side

22)[line 32]חמיןCHAMIN- hot water

23)[line 32]אנטיכיANTICHI- Amora'im disagree as to the meaning of this term. Rabah explains that it is an earthenware stove with two sections, one for water and one for coals. Rav Nachman bar Yitzchak maintains that it is a copper caldron with a space for coals between its true bottom and a false bottom (Shabbos 41a).

24)[line 33]תפחתTIPACHES- it will collapse [resulting in a) needless effort on Yom Tov (RASHI); b) ruined bread, and thus a lack of happiness on Yom Tov (RAMBAM Hilchos Yom Tov 3:10, SHULCHAN ARUCH 507:1)]

25a)[line 34]נופחין במפוחNOFCHIN B'MAPO'ACH- fan [a fire] with bellows

b)[line 34]נופחין בשפופרתNOFCHIN B'SHEFOFERES- fan [a fire by blowing] through a tube

26)[line 35]שפודSHEPUD- a spit

27)[line 35]מחדדיןMECHADEDIN- sharpen

28a)[line 36]מפצעין את הקנהMEFATZ'IN ES HA'KANEH- split a reed

b)[line 36]לצלות בו מליחLA'TZLOS BO MALI'ACH- in order to roast a fish [a) upon it on top of a griddle, as the fish would burn were it placed directly upon the griddle (RASHI); b) using it as a spit (RAMBAM Hilchos Yom Tov 4:8)]

29)[line 38]תקרעTIKARA- it will tear

30)[last line]מוקצהMUKTZAH- an enclosed storage area located behind a house. Our Mishnah discusses a case in which grapes or figs are spread in such a place to dry. They are at a stage in which some eat them and some prefer to wait until they are fully dried; therefore, one may eat from them on Shabbos or Yom Tov only if he designated them beforehand (see 26b).

34b----------------------------------------34b

31)[line 1]שביעיתSHEVI'IS (SHEMITAH)

(a)The Torah requires farmers to desist from working the land every seventh year (Vayikra 25:1-7). Produce which grows during the seventh (Shevi'is) year is holy, which in this context means:

1.It is considered ownerless; anyone may enter a field and pick that which he wishes to eat.

2.The fruits may not be bought and sold in a normal fashion (see Insights here and to Sukah 40:1).

3.Shevi'is produce may be consumed only in the manner considered normal for that type of food, or burned to provide illumination in the case of oil. It may not be wasted, used for medicinal purposes, fed to animals, etc.

(b)One need not separate Terumah and Ma'asros (see below, entry #35) from produce that grows during the Shemitah year.

32)[line 1]מכאן אני אוכל למחרV'OMER MI'KAN ANI OCHEL (YESH BEREIRAH/EIN BEREIRAH)

(a)In numerous places in Shas we find arguments among the Tana'im/Amora'im as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e. Bereirah doesn't work). Bereirah means making the effect of one's action contingent retroactively upon future events. Examples of this are: buying or selling an object on the condition that it rains the following day, or that the object of the sale will remain undefined until it is selected the following day. "Ein Bereirah" means that such a stipulation does not work. An action cannot be contingent on a future event. The Ran (Nedarim 45b) explains this opinion with the following logic: "It is not proper for something to take effect when upon what it will take effect is still in question." (See Insights to Chulin 15:2.) "Yesh Bereirah" means that such a stipulation does work.

(b)When the action is contingent on a past event, there is no question that the action works - even if the people involved in the action are not aware as to whether the past event did or did not take place. Example: If a person makes two Eruvei Techumin before sundown on Erev Shabbos, places them on opposite sides of his city, and declares, "If my Rebbi is presently staying in the village to the East, I would like the Eastern Eruv to work; if not, I would like the Western Eruv to work." The man making the Eruv may not know where his Rebbi is - but when he finds out, the Eruv will have taken effect on the side that he stipulated ("Kevar Ba Chacham" - see Chulin 14b).

(c)We find dozens of instances in the Gemara where a person may perform an action "on the condition that..." (b'Tenai). For example, a man may buy/sell an object or divorce his wife on the condition that the other party pays/does whatever the first party specifies. If the condition is not kept in the future, the sale/divorce is annulled. This situation is not called Bereirah - see Insights to Eruvin 36b.

(d)Halachically, most Poskim conclude (based on Beitzah 38a) that regarding biblical questions (mid'Oraisa), we assume that Bereirah does not work (l'Chumrah), but in regards to Rabbinical questions (mid'Rabanan), we rely on Bereirah (l'Kulah).

(e)Rebbi Eliezer is of the opinion that Yesh Bereirah. Therefore one need not designate the specific fruit that he wishes to eat on Shabbos; it is enough to verbalize that he will partake of some of it then. When he chooses it, it will become retroactively clear which fruit was designated. The Chachamim maintain that Ein Bereirah.

33)[line 2]ירשוםYIRSHOM- he marks off

34)[line 4]תינוקות שטמנו תאניםTINOKOS SHE'TAMNU TE'ENIM- [even] young children who [designated fresh] figs [to be eaten on Shabbos and] buried them [to store them]

35)[line 5]עשרוISRU (SEDER TERUMOS U'MA'ASROS)

(a)After a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Although the Torah does not specify an amount that must be given, the Rabanan set the requirement at between one fortieth and one sixtieth of the total crop.

(b)Once Terumah is separated from the produce, the first tithe is separated. One tenth of the remaining produce is given to a Levi; this is known as Ma'aser Rishon. The Levi, in turn, separates one tenth of his Ma'aser Rishon and give it to a Kohen. This is called Terumas Ma'aser (Bamidbar 18:26).

(c)Once Terumah Gedolah and Ma'aser Rishon have been separated from the crop, it is time to separate the second tithe. In the third and sixth years of the seven-year Shemitah cycle this tithe is called Ma'aser Ani, and it is given to the poor.

(d)During the first, second, fourth and fifth years of the seven-year Shemitah cycle, the second tithe is called Ma'aser Sheni. Ma'aser Sheni must be brought to Yerushalayim and eaten there while one is in a state of purity (Devarim 13:22-28).

(e)Until Terumah and Ma'asros have been properly separated, the produce is termed "Tevel" and may not be eaten. The word "Tevel" means a mixture, and can be used to refer to any produce that one is required to separate part of, such as dough from which one must separate Chalah (see Background to 12:12:b). If one intentionally eats Tevel, then he receives Misah b'Yedei Shamayim (see Background to Sukah 25:25).

36)[line 5]לא יאכלו אלא אם כן עשרוLO YOCHELU ELA IM KEN ISRU (KOVE'A L'MA'ASER)

(a)According to Torah Law, one is required to tithe his grain (see previous entry) only after he harvests it in a normal manner. This includes removing the chaff in the field, piling the grain there, and afterwards bringing it through the front door of his house (Berachos 35b). It is then Hukba l'Ma'aser (designated for tithing).

(b)If one of these steps is missing, the produce still may not be eaten mid'Rabanan until Terumos and Ma'asros are separated. The Rabanan did not prohibit eating such produce, however, in an irregular fashion (Achilas Ara'i). Achilas Ara'i includes such situations as eating the produce as a snack while it is still in the field and feeding it to one's livestock. Once it is Hukba l'Ma'aser, however, one may not eat even b'Achilas Ara'i before tithes are separated.

(c)Seven actions can designate produce as Hukba l'Ma'aser:

1.pickling it,

2.dipping it in salt,

3.heating it as the beginning of the process to prepare it to be eaten,

4.designating it to be eaten on Shabbos (as well as any food consumed on Shabbos),

5.separating Terumah from it,

6.bringing it into one's yard,

7.bringing it to the market in order to sell it.

(d)Another factor involved in whether or not produce is Hukba l'Ma'aser is whether or not it has reached the stage of "Nigmerah Melachtan." This refers to the point at which no more processing is necessary. Examples of this include wheat that has been winnowed and smoothed in a pile in a silo (Miru'ach) and grapes that have been pressed in order to make wine. Produce is Hukba l'Ma'aser when it arrives in one's courtyard or house only once it has reached the stage of Nigmerah Melachto. Whether or not this is true of the other categories listed above is a subject of discussion among Tana'im and Amora'im.

37)[line 7]לקצותLI'KTZOS- to dry

38)[line 9]בדבר שלא נגמרה מלאכתוDAVAR SHE'LO NIGMERA MELACHTO- see above, entry # 36:d

39)[line 10]"[אִם תָּשִׁיב מִשַּׁבָּת רַגְלֶךָ, עֲשׂוֹת חֲפָצֶךָ בְּיוֹם קָדְשִׁי,] וְקָרָאתָ לַשַּׁבָּת עֹנֶג, לִקְדוֹשׁ ה' מְכֻבָּד; וְכִבַּדְתּוֹ מֵעֲשׂוֹת דְּרָכֶיךָ, מִמְּצוֹא חֶפְצְךָ, וְדַבֵּר דָּבָר]""... VEKARASA LA'SHABBOS ONEG..." - "And you shall call the Shabbos, 'a delight'" (Yeshayah 58:13) (ONEG SHABBOS)

(a)Yeshayah ha'Navi points out the futility of fasting and praying on Yom Kipur in order to gain atonement, when that same day is spent squabbling and fighting with each other. He explained that HaSh-m desires prayers from those who are kindly disposed toward their fellow Jew, and in particular the poor and needy.

(b)The Navi continues by discussing the tremendous benefits to be gained. "If you restrain your foot due to Shabbos, from following your own pursuits on My holy day; and you refer to Shabbos as 'a delight', the holy day of HaSh-m as 'honorable'; and you honor it by refraining from your affairs, pursuing your business, and speaking of weekday matters" (Yeshayah 58:13).

(c)The Chachamim based the Mitzvah of Oneg Shabbos and Oneg Yom Tov (delighting in Shabbos and Yom Tov) upon this verse. This Mitzvah requires one to make the effort to ensure that the experience of Shabbos and Yom Tov should be an enjoyable and uplifting one. We are thus instructed to prepare tasty food and fragrant wines for consumption on Shabbos, each person according to his means.

40)[line 19]לימוד ערוךLIMUD ARUCH- a clearly spelled-out teaching

41)[line 25]שני שבועSHNEI SHAVU'A- the years of the Shemitah cycle

42)[line 29]אפילו בחול נמי!AFIL'U B'CHOL NAMI!- even during the week this should be true. Our Gemara suggests that if the only point of our Mishnah is to teach us the disagreement of Rebbi Eliezer and the Chachamim regarding Bereirah and how it applies to Muktzah, then it should have illustrated this Machlokes with a generic case, leaving Shemitah and Shabbos out of the discussion. That which produce is Hukba l'Ma'aser when designated for a meal can be taught regarding a case that occurred during the week, and would be more suited to Mishnayos Zera'im than Beitzah.

43)[line 29]טבלTEVEL- see above, entry # 35

44a)[line 29]מוכן הוא אצל שבתMUCHAN HU ETZEL SHABBOS- is not Muktzah on Shabbos

b)[last line]שאם עבר ותקנו מתוקןSHE'IM AVAR V'TIKNU, MESUKAN- since if he transgressed and fixed it [by separating Terumah and Ma'asros], it is now fixed [and may be eaten]. This is because Tevel is not Muktzah in and of itself (Machmas Gufo). The only reason for it to be Muktzah is because one may not eat it (Machmas Isur), since the Chachamim prohibited tithing on Shabbos. Therefore, if one fixed this problem (albeit in a forbidden manner), it no longer applies. This is apparent from our Mishnah since it does not stress that when one designates produce to be eaten on Erev Shabbos of Shemitah then it is not Muktzah, which would imply that it would be Muktzah any other year. Rather, it states that one may do so on Erev Shabbos of Shemitah, which implies that one may not any other ear. If he did, however, it would no longer be Muktzah.

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