12th Cycle Dedication

ERCHIN 6-9 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the twelfth Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

[7a - 45 lines; 7b - 52 lines]

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We recommend using the textual changes suggested by the Bach and the marginal notes of the Vilna Shas. This section is devoted to any other important corrections that Acharonim have pointed out in the Gemara, Rashi and Tosfos.

[1] Gemara 7a [line 34]:

The words "Ki ka'Amart mi'Gam'" כי קאמרת מגם

should be "Ki ka'Amris mi'Gam" כי קאמרית מגם

[2] Gemara 7b [line 20]:

The colon should be removed

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1)[line 20]מענין את דינוME'ANIN ES DINO (INUY HA'DIN)

"Inuy ha'Din" refers to delaying the implementation of a death penalty. Once a sentence has been passed for capital punishment, it is forbidden to delay administering the penalty, as we learn from the verse, "v'Ahavta l'Re'acha Kamocha" (Vayikra 19:18).

2)[line 30]בהמה שנהרגהBEHEMAH SHE'NEHERGAH (SHOR HA'NISKAL)

(a)The term Shor ha'Niskal (or Behemah she'Nehergah) refers to any animal or bird that is stoned to death by Beis Din. Such an animal is Asur b'Hana'ah after the death sentence is issued. One of the instances of Shor ha'Niskal is an animal that killed a person, as described in Shemos 21:28-31 and in Sanhedrin 2a.

(b)In the event that an animal killed a person, only if two witnesses saw the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one witness saw it, or if there were no witnesses but the owner told Beis Din of the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be brought as a Korban.

3)[line 31]"כאשר ישית עליו בעל האשה""KA'ASHER YASHIS ALAV BA'AL HA'ISHAH" - "for whatever the husband will sue him" (Shemos 21:22) (DEMEI VELADOS)

(a)When a pregnant woman miscarries after being struck accidentally by a person, the law, as expressed in the Torah, is "Ka'asher Yashis Alav Ba'al ha'Ishah..." - "for whatever the husband will sue him, he will pay (i.e. the value of fetuses), as determined by the courts" (Shemos 21:22). "Demei Velados" refers to the value of fetuses.

(b)If a Shor ha'Mu'ad causes a woman to miscarry, the owner of the bull does not pay Demei Velados (see also Bava Kama 42a).

4)[line 40]אין הבן יורש את אמו בקברEIN HA'BEN YORESH ES IMO BA'KEVER- a son does not inherit his mother in the grave. In general, when a son inherits his mother's property and then he dies, his paternal brothers then inherit this property to which they otherwise would not have had any rights. If the son dies before his mother dies, we do not allow the dead child to posthumously inherit the properties of his mother and pass them on to his paternal brothers.

5)[line 43]פרכיס עד תלת פרכוסיPARCHIS AD TELAS PIRCHUSEI- it made three jerking motions when it died

7b----------------------------------------7b

6)[line 12]פאה נכריתPE'AH NOCHRIS- a wig (RASHI explains that, here, this refers to hair extensions, where the foreign hair is actually tied to the natural hair in order to make the natural hair look longer)

7)[line 15]שער נשים צדקניותSE'AR NASHIM TZIDKANIYOS (IR HA'NIDACHAS)

(a)A city that was led astray (Nidach) to the extent that its inhabitants willfully committed idolatry, must be destroyed. All of those who were led astray must be killed and the city burned, along with all of the possessions of its inhabitants, as stated in Devarim 13:13-19. The righteous people who were not led astray are not killed, but their possessions are burned. The Madichim, those who influenced the city to commit idolatry, are punished with Sekilah (stoning) (RAMBAM Hilchos Avodas Kochavim 4:1).

(b)Other requirements to classify a city as an Ir ha'Nidachas are that the Madichim must be male residents of the city and must be from the same tribe to which the city belongs. There must be at least two Madichim, who must influence the majority of the city (with a minimum of 100 people). In addition, the city cannot be a border town (RAMBAM ibid. 4:2).

(c)The Gemara here discusses what is done with the hair of the righteous women of an Ir ha'Nidachas.

8)[line 18]תלי בסיכתאTALI B'SICHTA- it was hanging on a peg

9)[line 22]זו מיתתה אוסרתהZO MISASAH OSARTAH- this one, her death forbids her; that is, a dead (or killed) person is Asur b'Hana'ah only because all people are Asur b'Hana'ah when dead, and not because they were killed by Beis Din (RABEINU GERSHOM)

10)[line 25]המת אסור בהנאהHA'MES ASUR B'HANA'AH

It is forbidden to derive benefit from the dead body of a person, as the Gemara derives from Miriam's burial (Avodah Zarah 29b).

11)[line 25]נויי המתNOYEI HA'MES- the ornaments of a dead person (such as a wig)

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