[36a - 40 lines; 36b - 40 lines]
1)[line 1]התםHASAM- [an additional question may be posed based upon that which we learned] there [regarding the Halachah of moving straw to clear room for guests and students on Shabbos]
2)[line 1]אוצרOTZAR- a storehouse
3)[line 3]לאשויי גומותL'ASHVUYEI GUMOS- to fill in holes [in the ground, thereby violating the prohibition against Boneh (building) on Shabbos]
4)[line 10]שויןSHAVIN- are on the same level
5a)[line 14]ישלשלם בחבלYESHALSHELEM B'CHEVEL- lower them with a rope
b)[line 14]בחלונותB'CHALONOS- through windows [in walls rising from the roof]
6)[line 15]סולמותSULAMOS- ladders[, staircases, or ramps]
7)[line 18]ואפילו אוירא דלבניVA'AFILU AVIRA D'LIVNEI- and [one may] even [bring a vessel to protect] a structure constructed of bricks laid upon one another with no cement between them
8)[line 19]הראויןHA'RE'UYAN- that are fit [to be used on Shabbos; i.e., that are not Muktzah]
9)[line 20]לדבר הניטל בשבתL'DAVAR HA'NITEL B'SHABBOS- for [the benefit of] that which is not Muktzah
10)[line 22]וכן כדי יין וכן כדי שמןV'CHEN KADEI YAYIN V'CHEN KADEI SHEMEN- and [one may] also [bring a vessel to protect] pitchers of wine and pitchers of oil. This supports the view of Rebbi Yitzchak, since according to Ula the Mishnah should have mentioned a Muktzah item once it was offering another example.
11)[line 23]טיבלאTEVEILA (TEVEL)
(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 (Bamidbar 18:12; Devarim 18:4). 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 (Bamidbar 18:21). 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 (Devarim 14:28-29).
(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 14:22-27).
(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).
12)[line 25]הפסד מועטHEFSED MU'AT- a small loss (as slightly diluted wine and oil with a layer of water beneath it are salvageable)
13)[line 26]הראויHA'RA'UY- that is fit [to be given to one's animals to drink]
14)[line 26]פורסין מחצלתPORSIN MACHATZELES- one may spread a mat
15)[line 26]לבניםLEVENIM- bricks
16)[line 27]דאייתור מבנינאD'AYATUR MI'BINYANA- that were left over from [the construction of] a building
17)[line 27]למזגאL'MIZGA- to lean
18)[line 28]אבנים מקורזלותAVANIM MEKURZALOS- stones that a) have a sharp edge (O.F. becudes; RASHI); b) are smooth (ARUCH, first explanation); c) are soft (TOSFOS to Pesachim 47b DH Avanim and ARUCH, third explanation)
19)[line 28]לבית הכסאL'BEIS HA'KISEI- to [wipe oneself with following defecation in] a bathroom
20)[line 29]כורת דבוריםKAVERES DEVORIM- a beehive
21)[line 30]לצודLA'TZUD- to trap [which is one of the thirty-nine creative acts of labor that are prohibited on Shabbos and Yom Tov]
22)[line 32]אותן שתי חלותOSAN SHTEI CHALOS- those two honeycombs [that beekeepers customarily leave in the beehive to sustain the bees throughout the winter]
23)[line 32]מוקצותMUKTZOS (MUKTZAH)
(a)Muktzah literally means "set aside" or "designated." With regard to Shabbos, this term is used to describe items which one has no intention of using on Shabbos, such as wood stacked in a barn. Anything that a person had no intention to use during Bein ha'Shemashos (twilight) at the start of Shabbos (or Yom Tov) - for any reason - is included in the category of Muktzah and may not be moved on Shabbos. That which is not Muktzah is termed "Muchan" - "designated" for use on Shabbos or Yom Tov.
(b)In the case of our Gemara, the two honeycombs are Muktzah, since one did not intend to utilize them on Shabbos when Shabbos began. Such Muktzah items are subject to a dispute between Rebbi Yehudah and Rebbi Shimon. Should that which was Muktzah at Bein ha'Shemashos (twilight) prove to be useful at a later point on Shabbos, Yehudah rules that Migo d'Iskatza'i l'Vein ha'Shemashos, Iskatza'i l'Chulei Yoma. This means that since it was set aside as Muktzah during twilight, it remains categorized as such for all of Shabbos, even if the reason for why it was Muktzah then no longer applies. Rebbi Shimon maintains that since one realizes during Bein ha'Shemashos that the object may become useful on Shabbos, then he may utilize or move the object at the point at which it becomes usable (Shabbos 44a, 46b). Practically, this means that the object is not Muktzah. The Halachah follows Rebbi Yehudah.
24)[line 34]לפלוג ולתני בדידה!LI'FLOG V'LISNEI B'DIDAH!- let [the Tana of the Beraisa] differentiate within the case already under discussion!
25)[line 37]דבר שאין מתכויןDAVAR SHE'EIN MISKAVEN - an inadvertent result
(a)A Davar she'Eino Miskavein is an act carried out toward a certain end which can be reached without transgressing a Melachah, but which may result in a Melachah being inadvertently performed. Rebbi Yehudah prohibits performing such an action mid'Rabanan, since it may result in a Melachah. Rebbi Shimon disagrees. He maintains that even though a Melachah may result from this action, the action is permitted since that one has no intention to perform the Melachah. (If a Melachah will definitely occur as a result of one's action, it is termed a Psik Reishei and is forbidden even if one has no intention to perform the Melachah - even according to Rebbi Shimon.)
(b)One must have specific intent to perform a Melachah on Shabbos in order to be liable for punishment or to be required to bring a Korban. Therefore, if one does act in a way that results in an inadvertent Melachah, even Rebbi Yehudah agrees that he is not obligated to bring a Korban, since the Melachah was performed accidentally. The Machlokes between Rebbi Yehudah and Rebbi Shimon addresses only whether or not one may perform an action that may possibly result in a Melachah to begin with (See Insights to Shabbos 41:2).
(c)At this point our Gemara assumes that placing a mat over a beehive in order to protect it from the elements falls into this category. Although the bees may end up trapped inside their hive, one's intention when placing it there was not to trap them.
26)[line 39]פסיק רישיה ולא ימות?PSIK REISHEI V'LO YAMUS?- is it possible to cut off the head of a chicken, and it will not die? This is the classic example of a Psik Reishei (see previous entry, "a"), in which one desires the head of a chicken and yet does not wish the chicken dead. Killing an animal is one of the thirty-nine creative acts of labor that are prohibited on Shabbos and Yom Tov.
27)[last line]דאית ביה כויD'IS BEI KAVEI- that [the beehive] has "windows" [i.e., openings through which the bees can leave the hive even after the main entrance is covered by the mat]
28)[line 1]מצודהMETZUDAH- a trap [that covers all of the openings]
29)[line 2]במינו נצודB'MINO NITZOD- [an animal] whose species is generally trapped [for its meat, fur, etc.]
30)[line 8]שונהSHONEH- replace it
31)[line 9]נמנעNIMNA- withhold [from replacing it as often as necessary]
32)[line 9]בי רחיאBEI REICHAYA- the millstones
33)[line 9]דלוףDALUF- [were being ruined due to water] dripping upon them
34)[line 10]זיל עייליה לפוריךZIL AILEI L'PURYECH- go and bring your bed
35)[line 11]גרף של רעיGRAF SHEL RE'I - a pan of refuse (MUKTZAH: GRAF SHEL RE'I)
(a)Muktzah literally means "set aside" or "designated." With regard to Shabbos, this term is used to describe items which one has no intention of using on Shabbos, such as wood stacked in a barn. Anything that a person had no intention to use during Bein ha'Shemashos (twilight) at the start of Shabbos (or Yom Tov) - for any reason - is included in the category of Muktzah and may not be moved on Shabbos. That which a person finds disgusting, such as garbage, is included in the category of Muktzah.
(b)If a disgusting Muktzah item is lying near where one wishes to be, the Chachamim allowed one to move it due to the honor of Shabbos. Such an item is referred to as a Graf Shel Re'i (pan of excrement), as this is a prime example of such an item.
(c)Our Gemara teaches that one must avoid a situation that will lead to such an allowance. One may not, for example, pile date pits in one place at the table, since the pile will eventually reach a point at which no one will wish to sit in front of it.
36)[line 11]אפקיהAFKEI- take it out
37)[line 13]תיתי לי דעברי אדמרTEISI LI D'AVRI AD'MAR- I deserve to have had this happen to me since I did not follow the teaching of my Rebbi (See Insights for a discussion of how Rabah was able to instruct Abaye to move his bed and cause the millstones to become a Graf Shel Re'i.)
38)[line 15]עביט של מימי רגליםAVIT SHEL MEI RAGLAYIM- a clay bedpan containing urine
39)[line 16]נותן בו מיםNOSEN BO MAYIM- he must place water inside of it [since it would otherwise be Muktzah]
40)[line 17]אגב מנא איןAGAV MANA IN- [the disgusting item] may [only] be carried in a vessel
41)[line 18]עכברתאACHBARTA- a mouse
42)[line 18]בי אספרמקיBEI ISPARMEKEI- in his spice box
43)[line 20]בצוציתהB'TZUTZISAH- by its tail
(a)A Shevus is an action prohibited by the Chachamim on Shabbos or Yom Tov. The Torah states "... uva'Yom ha'Shevi'i Tishbos" - "... and you shall rest on the seventh day" (Shemos 23:12). The Rabanan understood this to apply even to actions that are not Melachos, and as a result they prohibited actions that are permitted mid'Oraisa (see Shabbos 114b). The term "Shevus" is derived from the word "Tishbos" in the Pasuk.
45)[line 21]משום רשותMI'SHUM RESHUS- due to [a Shevus applied to] that which is close to being a Mitzvah
46)[line 24]שטיןSHATIN- swim
47a)[line 24]מטפחיןMETAPCHIN- a) clap [one's hands in either song or mourning] (RASHI 30a, RAMBAM, ROSH); b) beat one's heart [publicly in mourning] (RASHI Shabbos 148b)
b)[line 25]מספקיןMESAPKIN- a) slap one's thigh [in either song or mourning] (RASHI 30a); b) clap [publicly in mourning] (RASHI to Shabbos 148b); c) clap [in anger] (ROSH); d) beat a percussion instrument (RAMBAM)
c)[line 25]מרקדיןMERAKDIN- dance
48)[line 26]דניןDANIN- pass judgment
49)[line 26]מקדשיןMEKADSHIN (KIDUSHIN)
(a)The first stage of Halachic marriage is called Kidushin (betrothal). Kidushin can be accomplished in one of three ways:
1.Kesef - A man can be Mekadesh a woman through giving her money or anything equal in value to a Perutah (a very small coin). Upon doing so, he must proclaim, "Harei At Mekudeshes Li b'(-----) Zo" - "Behold you are betrothed to me through this (-----)."
2.Shtar - A man can be Mekadesh a woman through giving her a marriage document. This may be written upon any surface, and need not be of any specific value. The words "Harei At Mekudeshes Li bi'Shtar Zeh" must be written upon the Shtar.
3.Bi'ah - A man can be Mekadesh a woman through having relations with her. At that time, he must proclaim, "Harei At Mekudeshes Li b'Bi'ah Zo." Because Kidushin requires witnesses, the Chachamim strongly condemned anyone who uses this method of Kidushin.
(b)The Torah refers to this stage of marriage as "Eirusin" (Devarim 22:23). The term "Kidushin" is used by the Rabanan in order to connote that just as everyone is prohibited to benefit from Hekdesh (an object sanctified to the service of HaSh-m), through Kidushin a woman becomes prohibited to everyone in the world save her husband (Kidushin 2b; see also Tosfos 7a DH v'Nifshetu).
50)[line 26]חולצין... מיבמיןCHOLTZIN... MEYABMIN (YIBUM V'CHALITZAH)
(a)If a married man should die without children, his widow is not then free to marry whomever she pleases. The brothers of her deceased husband have a Mitzvah to perform Yibum (levirate marriage); that is, they are obligated to marry her (Devarim 25:5-10). If the deceased has more than one brother, the oldest brother is offered the Mitzvah of Yibum first (Yevamos 24a).
(b)If the brother(s) does not wish to carry out this Mitzvah, he must perform Chalitzah. This is a procedure in Beis Din which dissolves the ties binding the widow to her brother(s)-in-law (known as "Zikah"), thus allowing her to marry anyone else. One of the brothers must appear together with his widowed sister-in-law before a Beis Din of three and state, "I do not wish to marry her." His sister-in-law then approaches him, removes his right sandal, and spits on the ground in front of him. She then declares, "This is what shall be done to the man who will not build his brother's family." After this she is free to marry whomever she wants.
51)[line 28]מקדישיןMAKDISHIN- consecrate [an animal or other item] to Hekdesh
52)[line 28]מעריכיןMA'ARICHIN (ERECH)
(a)If one wishes to pledge the value of an individual - whether himself or another - to Hekdesh, there are two ways to do so. The first is to appraise him based upon how much he would fetch on the slave market. This takes into account factors such as physical strength, trade skills, health, etc. This is known as the Damim - worth - of a person. Every individual also has a Torah value, known as an Erech. The Torah designates a specific value for every person based upon his or her gender and age, as specified in Vayikra 27:1-8. For this value, it is irrespective if the individual is healthy, sick, strong, weak, etc.
(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
53)[line 28]מחרימיןMACHARIMIN (CHEREM)
(a)"Cherem" is a term applied to an object one wishes to consecrate. There are two types of Charamim:
1.Chermei Kohanim, which are given to the Kohanim for their personal use and cannot be redeemed;
2.Chermei Shamayim, which are given to Bedek ha'Bayis and may be redeemed like any other object donated to Bedek ha'Bayis.
54)[line 29]תרומה ומעשרTERUMOS U'MA'ASROS- see above, entry # 11
55)[line 31]אוכל נפשOCHEL NEFESH- [Melachos involved in] food preparation
56)[line 32]יתלושYITLOSH- detach [part of the tree]
57)[line 33]תחוםTECHUM (TECHUM SHABBOS)
(a)One may walk for up to two thousand Amos (approximately 960 meters [3147 feet] or 1,152 meters [3774 feet], depending upon the differing Halachic opinions) from the outskirts of his city or dwelling place (if he is not in a city) on Shabbos or Yom Tov.
(b)Rebbi Akiva maintains that there is a Torah source for this Halachah. All other Tana'im disagree and rule that this limitation is Rabbinic in origin.
58)[line 35]זמורהZEMORAH- a thin branch [to use as a switch with which to guide the animal]
59)[line 36]חבית של שייטיןCHAVIS SHEL SHAYATIN- a) a barrel-shaped flotation device woven from reeds worn when one is learning to swim (RASHI); b) a sealed hollow clay container used as a flotation device (TOSFOS)
60)[line 39]דעדיף מיניהD'ADIF MINEI- one who is a greater authority than he
61)[last line]מצוהMITZVAH- [the prerequisite to] the Mitzvah [to father children]