TOSFOS DH HA'ZEROA
úåñôåú ã"ä äæøåò
(SUMMARY: Tosfos explains why the Mishnah implies that a Pasuk would not be necessary to exempt Kodshim from Zeroa etc. if not for the Kal v'Chomer.)
åàé ìàå ÷ì åçåîø ìà äåä öøéê ÷øà àò"â ãñúîà ëúéá áéï áçåìéï áéï áîå÷ãùéí
Implied Question: If it would not be for this Kal v'Chomer the Torah would not have had to say anything in the Pasuk, despite the fact that when the obligation to give the Zeroa etc. is stated by the Torah it does not differentiate between Chulin and Kodshim. (Why does the Mishnah indicate that a Pasuk would not be required without the Kal v'Chomer?)
ãä"à ãáø äìîã îòðéðå áîä äëúåá îãáø áçåìéï ãëúéá ìòéì îäàé ÷øà ãâðê úéøåùê åéöäøê åâå' âæ öàðê åøàùéú äâæ àéðå ðåäâ áîå÷ãùéï ëãàîø ì÷îï ôø÷ øàùéú äâæ (ãó ÷ìä.)
Answer: This is because I would have thought to derive this topic from its context. The Pasuk regarding Zeroa etc. is referring to Chulin, as the previous Pasuk states, "your grain, grapes, and olives...the shearing of your sheep." The first shearings given to the Kohen do not apply to Kodshim animals, as stated later (135a). (We would therefore think even without a Pasuk that giving the Zeroa etc. does not apply to Kodshim just as it does not apply to the first shearings of sheep.)
TOSFOS DH TEISI
úåñôåú ã"ä úéúé
(SUMMARY: Tosfos notes that these are just some of the animals that do not have Ma'aser taken from them.)
äåä îöé ìîéîø ðîé úéúé îëìàéí åèøôä åòåã èåáà ãúðï áôø÷ îòùø áäîä (áëåøåú ãó ðæ.) ùàéï ðëðñéï ìãéø ìäúòùø
Observation: The Gemara could also have said to learn this from Kilayim, Treifah, and many other types of animals that do not go into the pen since they are exempt from the taking of Ma'aser, as stated in Bechoros (57a).
TOSFOS DH ZEH
úåñôåú ã"ä æä
(SUMMARY: Tosfos notes that Kodshim was already excluded from Matanos.)
úéîä ã÷àé áîúðåú åîîòè çæä åùå÷ àãøáä ä"ì ìîòåèé îéðéä îå÷ãùéï îîúðåú
Question: This is difficult. The Pasuk is referring to Matanos, yet it is excluding Chazeh v'Shok. On the contrary, we should exclude Kodshim from Matanos from here!
åéù ìåîø ãëáø àîòéèå îàåúí åëä"â ôéøù' áô"÷ (ìòéì ãó ëã.) âáé åæàú àùø ììåéí
Answer: Kodshim were already excluded from "Osam." I gave a similar explanation earlier (24a) regarding the Pasuk, "And this is for the Levites."
130b----------------------------------------130b
TOSFOS DH EE AGAVAI
úåñôåú ã"ä àé àâåàé
(SUMMARY: Tosfos discusses when there is a prohibition of bringing Chulin into the Azarah.)
îùåí ãëì çåìéï îãàåøééúà àñåø ìäáéà áòæøä
Explanation: This is because it is forbidden to offer any Chulin in the Azarah according to Torah law.
åëï àîø áäîåëø àú äñôéðä (á"á ãó ôà:) âáé áëåøéí
Proof #1: This is also what is stated in Bava Basra (81b) regarding Bikurim.
åìà îñúáø ãäúí àâåæìåú ãîééúé áäãééäå ÷ôéã ãàôùø ãîúðé òìééäå åîáéàí ðãáä
Question: This is not a logical proof, as the Gemara (ibid.) was discussing bringing the birds, that some brought together with the Bikurim, into the Azarah. This is especially because it is possible beforehand to proclaim that they should be sacrifices (and thereby avoid bringing Chulin into the Azarah).
åëï áô' äúåãä (îðçåú ãó ô:) âáé úåãä ùðúòøáä áúîåøåú ÷àîø åìééúé ìçí ëå' äà ÷à îëðéñ çåìéï ìòæøä åîã÷àîø ùàéï ìä ú÷ðä ù"î äåé îãàåøééúà
Proof #2: Similarly, in Menachos (80b) regarding a Todah that was mixed up with Temuros, the Gemara asks why we don't offer more bread etc. The Gemara answered that this would mean bringing Chulin into the Azarah. Since the Gemara says there is no way to help the situation there, we see that this is a Torah law.
åúéîä ãáô' ëì äúãéø (æáçéí ãó ö:) àîøéðï åáëåìï äëäðéí øùàéí ìùðåú áàëéìúï åìàåëìï öìåééï ùìå÷éï åîáåùìéí åìúú ìúåëï úáìéï ùì çåìéï
Question: This is difficult, as in Zevachim (90b) we say that the Kohanim can eat the Korbanos anyway they want, including roasted or cooked, and they may put spices of Chulin on the Korban meat.
åàîø áä÷åîõ øáä (îðçåú ãó ëà:) éàëìåä ùéàëìå òîä çåìéï åúøåîä ëãé ùúäà ðàëìú òì äùåáò
Question (cont.): The Gemara in Menachos (21b) says that the Pasuk, "they should eat it" means that they can eat Chulin and Terumah together with their Kodshim in order that it can be eaten when one is (mostly) full.
åðøàä ããå÷à çæä åùå÷ åëï áëåøéí ããøê ÷ãåùä îééúé ìäå ãòáéã áäå úðåôä
Answer: It appears that the prohibition (against bringing Chulin to the Azarah) is specifically regarding the Chazeh v'Shok and Bikurim, which is brought to the Beis Hamikdash in a holy fashion (as it is a Mitzvah that is being done, as opposed to a regular mundane item brought to the Azarah such as ketchup and mustard put on a Korban because this is what the Kohen likes to put on his meat), as we see that Tenufah is done.
åëï ìçí ìöåøê úåãä ùäåà äëùø ÷øáï éù ÷ôéãà èôé áäáàúä áòæøä ùìà ìöåøê
Answer (cont.): Similarly, offering more bread for the Todah in order to cause the Korban to be valid is prohibited when it is not actually needed.
TOSFOS DH V'EE
úåñôåú ã"ä åàá"à
(SUMMARY: Tosfos explains the difference between both versions of the Gemara regarding Matanos.)
åìäàé ìéùðà àééúø åæä éäéä ìëãàîø ì÷îï áñîåê ùîúðåú ãéï åàéï çæä åùå÷ ãéï
Explanation: According to this version, the Pasuk, "And this should be" is extra in order to teach that Matanos is a monetary law (that a Kohen can demand) as opposed to Chazeh v'Shok.
åììéùðà ÷îà àéëà ìîéîø ãúøúé ùîò îéðä åãøéù áñîåê îãëúáéä àöì îùôè ãîùîò æä îùôè åæä àéï îùôè
Explanation (cont.): According to the first version it is possible to say that we derive both lessons from the Pasuk. The teaching regarding Matanos being a monetary law is derived from it being stated next to the word "Mishpat - law." This implies that Matanos is a monetary law, as opposed to Chazeh v'Shok.
åàéëà áéï äðé úøé ìéùðé ãìäàé ìéùðà ãàéï ìå úåáòéï ðäé ãàéï éëåì ìúåáòå áãééðéï áãéðé ùîéí îéäà îéçééá åììéùðà ÷îà ããøéù ìéä îåæä àôéìå áãéðé ùîéí ðîé ìà îéçééá
Observation: The difference between these two versions is that according to the version that Matanos is considered not to be able to be claimed, while a Kohen cannot have judges force a person to give him Matanos, the person may be obligated to give it to him according to the law of Heaven. According to the first version that this is derived from, "And this" he is not even obligated to give it to this Kohen by the law of Heaven.
TOSFOS DH MINAYIN
úåñôåú ã"ä îðéï
(SUMMARY: Tosfos explains that Rebbi Shmuel only holds one should give it to a Kohen Chaver when one is available.)
äééðå ãåå÷à ëùéù ëäï çáø àáì àé ìéëà ëäï çáø àìà ò"ä éúðå ìå åàì éîúéï òã ùéæãîï ìå çáø
Explanation: This is specifically when there is a Kohen Chaver present. However, if there is no Kohen Chaver present and there is only an Am ha'Aretz, he should give it to the Am ha'Aretz and not wait until a Chaver comes by.
ëãúðï áîñëú çìä (ô"ã î"è) àìå ðåúðéï ìëì îé ùéøöä äçøîéí åäáëåøåú åôãéåï äáï åôèø çîåø åäæøåò åäìçééí åä÷áä åøàùéú äâæ ëå'
Proof: This is as the Mishnah states in Chalah (4:9), "These give to anyone (i.e. any Kohen) who wants them: Charamim, Bechoros, Pidyon ha'Ben, Peter Chamor, Zeroa, Lechayayim, Keivah, Reishis ha'Gez etc."
åàéï ìôøù ìëì ëäï áéï ìàðùé îùîø áéï ìùàø ëäðéí
Implied Question: One cannot explain that any Kohen means whether it is one of the people from the current Mishmar or not. (Why isn't this a valid explanation?)
ãäà áéøåùìîé áôø÷ ùúé ðùéí ÷àîø ãéù îäï ðéúðéï ìëì ëäï åéù îäï ðéúðéï ìàðùé îùîø à"ë ò"ë ìëì ëäï ã÷àîø äééðå áéï ëäï çáø áéï ëäï ò"ä åäééðå äéëà ãìéëà çáø àå àéëà åàéï øåöä ì÷áì ëãôøéùéú áøéù ëì äáùø (ìòéì ãó ÷ã:)
Answer: This is because the Yerushalmi in Chalah (ch.4) says that some things are given to any Kohen and some are given to the people of the Mishmar. It would seem that "any Kohen" means whether he is a Chaver or an Am ha'Aretz. This is where there is no Chaver, or there is and he does not want to accept the Matanos, as I explained earlier (104b).
àáì àéï ìúøõ ãøáé ùîåàì áø ðçîðé ãäëà ëøáé éäåãä ãâøñéðï áéøåùìîé ø' éäåãä àåîø àéï ðåúðéï àåúä àìà ìçáø
Implied Question: However, one should not answer that Rebbi Shmuel bar Nachmeini here holds like Rebbi Yehudah. This is as the Yerushalmi states, "Rebbi Yehudah says that one should only give it to a Chaver." (Why can't we say Rebbi Shmuel holds like Rebbi Yehudah?)
ãäúí àáëåøéí ÷àé ëãàîø äúí ìòéì îéðä øáé àãà àåñø ááëåøéí
Answer: The Yerushalmi is referring to Bikurim, as stated there earlier that Rebbi Ada forbids regarding Bikurim.
TOSFOS DH U'KE'SHEYACHZOR
úåñôåú ã"ä åëùéçæåø
(SUMMARY: Tosfos explains the question according to both versions of the Gemara.)
ììéùðà áúøà ã÷àîø îùåí ãäåé îîåï ùàéï ìå úåáòéï ôøéê ùôéø ãéùìí îùîò ùéëåì ìäåöéàå áãééðéï
Explanation: According to the second version that one cannot demand Matanos because it is money that cannot be demanded the Gemara's question is very understandable. "He should pay" implies that judges will make him pay.
åììéùðà ÷îà ðîé ãôèø îùåí ãëúéá æä ôøëéðï ãëéåï ãáîúðåú ôèåø îùåí ãëúéá æä îñáøà àéï ìðå ìçì÷ áéï îúðåú ìì÷è ùëçä åôàä
Explanation (cont.): According to the first version that said he was exempt because the Pasuk says "This" the question is as follows. Since one is exempt because the Pasuk states "This," it is illogical to say there is a difference between Matanos and Leket, Shichichah, and Pe'ah.
åì÷îï áôø÷éï (ãó ÷ìã.) ôøéê îñô÷ ì÷è ãçééá îùåí òðé åøù äöãé÷å ìäà ãàîø àéï ñô÷ îúðåú ìëäï
Observation: The Gemara later (134a) asks a question from the law that one is liable to give doubtful Leket due to, "A poor and downtrodden one should be justified" on the law that doubtful Matanos do not go to a Kohen.
TOSFOS DH AMAR RAVA
úåñôåú ã"ä àîø øáà
(SUMMARY: Tosfos states the correct text in our Gemara.)
âøñ åìà âøñéðï àîø ìéä øáà ãäåä îùîò ãìøá çñãà ãáø
Text: The text is "Amar Rava" and not "Amar Ley Rava," as this would imply that Rava said this to Rav Chisda.
åàí ëï îàé ÷àîø ìáñåó îãú çñéãåú ùðå ëàï äìà ëáø ùîò äúéøåõ åìîä çæø åàîø øá çñãà àìà øáà ùîò ááéú äîãøù ä÷ùéà åäúéøåõ áùí øá çñãà àøéùà åäùéá ìäí ãàøéùà ìà ùééê ìùðåéé åìà ìàåúéá îéðéä àìà îñéôà äå÷ùä ìøá çñãà åòì æä úéøõ øá çñãà
Proof: If this would be the case, what would he mean when Rav Chisda concluded, "A Midas Chassidus was taught here?" He already heard the answer. Why would Rav Chisda have more to say? Rather, Rava heard the question and answer in the Beis Medrash in the name of Rav Chisda regarding the first part of the Mishnah, and he said that one cannot answer nor ask from the first part. Rather, the second part of the Mishnah caused difficulty for Rav Chisda, and Rav Chisda's answer was regarding this second part of the Mishnah.
åé"ñ ùëúåá áäï åàîø øá çñãà áåé"å áñåó îéìúéä ãøáà
Text (cont.): Some Sefarim have the text, "And Rav Chisda said" with a Vav after Rava's statement.
åëï îùîò ãàé ìøá çñãà äåä îãáø ìà äéä àåîø åàú àîøú àìà åîø àîø îãú çñéãåú ùðå ëàï
Proof: This is indeed implied, as if he was speaking to Rav Chisda, he would not say, "And you say" but rather "And Mar said that a Midas Chassidus was taught here."
TOSFOS DH TANA
úåñôåú ã"ä úðà
(SUMMARY: Tosfos explains Rava's question.)
åà"ú åäàîø áôø÷ ÷îà ãá"÷ (ãó æ.) à"ì àáéé îé ëúéá éùåìí éùìí ëúéá îãòúå
Question #1: The Gemara in Bava Kama (7a) states that Abaye said, "Does the Pasuk say Yeshulam? It is written Yeshalem, implying that it is because he wants to pay (to fulfill his Heavenly obligation, though he is not obligated by judges to pay - Maharam)!
åàîø ðîé ôø÷ äôåòìéí (á"î ãó öà.) âáé çåñí ôé ôøä åãù áä ìå÷ä åîùìí àøáòä ÷áéï ìôøä ëå' åáòé ìîéîø îùìí ìöàú éãé ùîéí
Question #2: In Bava Metzia (91a), regarding muzzling a bull and threshing with it, he receives lashes and he pays its owner four Kav etc. The Gemara wants to say that he pays to fulfill an obligation from Heaven.
åììéùðà ÷îà ãìòéì ãôèåø àôéìå ìöàú éãé ùîéí ôøéê ùôéø åîéäå ìääåà ìéùðà ðîé ãàéï ìå úåáòéï ãçééá ìöàú éãé ùîéí àéëà ìîéîø ãäééðå ãå÷à áîæé÷ îúðåú ëäåðä àå àëìï ùì÷çï áàéñåø
Question #2 (cont.): According to the first version earlier that he is even exempt from Heavenly obligation, this question is understandable. However, according to the version that the money has no claimants but he must fulfill his Heavenly obligation, it is possible to say that this is specifically regarding one who damages Matnos Kehunah or eats them, as he is taking them in a prohibited fashion.
àáì äëà ùì÷çï áäéúø ùäéä àæ òðé àôéìå ìöàú éãé ùîéí ìà îçééá ìäëé ôøéê ùôéø åàú àîøú îãú çñéãåú ùðå ëàï åìà îçééá àôéìå ìöàú éãé ùîéí
Question #2 (cont.): However, here that he took them in a permitted fashion as he was poor, he should not even be obligated to fulfill any Heavenly obligation. This is why the Gemara's question, "And you say this is a Midas Chassidus?!" is valid. He should not even be obligated to repay the money as a Heavenly obligation!
åîéäå áñîåê ÷ùä ã÷àîø èòîà ãòðé äà òùéø çééá åîàé ÷ùéà àéîà òðé ôèåø àôéìå îìöàú éãé ùîéí àáì òùéø çééá
Question #2 (cont.): However, the Gemara later is difficult. It says that the reason is because he was poor. This implies that if he was rich he would be obligated to pay! Why is this difficult? Why don't we say that a poor person does not even have to fulfill a Heavenly obligation, but a rich person does?
åîôø"ú ãä"÷ úðà úðé éùìí ìøáé àìéòæø åøáðï ôìéâé òìéä åàú àîøú îãú çñéãåú ëå' ãòì îãú çñéãåú ìà äåé ôìéâé øáðï
Answer: Rabeinu Tam answers that Rava means as follows. The Tana says that he should pay according to Rebbi Eliezer, meaning that the Rabbanan argue. And you say this is a Midas Chassidus etc.?! The Rabbanan would not have argued regarding a Midas Chassidus!
TOSFOS DH AIN LECHA BAHEN
úåñôåú ã"ä àéï ìê áäï
(SUMMARY: Tosfos explains why the context of the Pasuk is after Terumah etc. has been taken.)
åàí úàîø åäà ÷øà ìàå ìàçø äøîä àééøé àìà áòúéã ìéúøí
Question: The Pasuk is not after the separating of Terumos, rather it is regarding what is going to be taken.
ãîô÷éðï îéðéä áôø÷ [àìå] äðùøôéí (ñðäãøéï ãó ôâ.) ãèáì áîéúä çìåì çìåì îúøåîä ããøéù ìà éçììå àú ÷ãùé áðé éùøàì àú àùø éøéîå áòúéãéí ìéúøí äëúåá îãáø
Proof: This is evident from the fact that we derive in Sanhedrin (83a) from this Pasuk that one who eats Tevel is liable to be killed. This is because we derive a Gezeirah Shaveh of Chilul from Terumah, as the Pasuk states, "And they will not desecrate the Kodshim of Bnei Yisrael that they will take etc." This implies it is referring to what they will take!
åéù ìåîø ãäëà ãøéù îãñîê éøéîå àöì ìä' ìåîø ìê ùàéï ìâáåä áäï àìà îùòú äøîä
Answer #1: It is possible to answer that the Gemara derives from the fact that the word "they will take" is close to the word "for Hash-m." This teaches that Heaven only has a portion in it when it is taken.
àé ðîé îùåí ã÷àé à÷øà ãñîéê ìéä åàéù ëé éàëì ÷åãù ãàééøé ìàçø äøîä
Answer #2: Alternatively, this Pasuk is referring to the next Pasuk, "And when a man will eat Kodesh" which is referring to after he has already taken Terumos etc.