[21a - 37 lines; 21b - 43 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 21a [line 12]:

Should be corrected as suggested by Shitah Mekubetzes #2

[2] Gemara [line 30]:

Should be corrected as suggested by Shitah Mekubetzes #6

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1)[line 6]מעילהME'ILAH

(a)It is forbidden to derive personal benefit from anything that is Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha... u'Nedarecha Asher Tidor" - "You may not eat in your settlements... and your pledges [to Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos Me'ilah 1:1-3). The minimum amount for which one transgresses this prohibition is a Perutah's worth of benefit.

(b)If someone benefited from Hekdesh b'Mezid (intentionally), he is liable to Malkus (according to the Rabanan; according to Rebbi he is liable to Misah b'Yedei Shamayim - Sanhedrin 83a) and must pay to Hekdesh the amount that he benefited. However, the object from which he benefited remains Hekdesh.

(c)If someone benefited from Hekdesh b'Shogeg (unintentionally), the object loses its Kedushah. He must bring a Korban Me'ilah (as described in Vayikra 5:15-16) and repay Hekdesh the value of his benefit plus an additional fifth (of the ensuing total, or a quarter of the original value). This is true of any object that has Kedushas Damim (i.e. its value is consecrated to Hekdesh). An object that has Kedushas ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as is") does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).

2)[line 14]ואלא כמאן?V'ELA K'MAN?- [if it does not follow the opinion of Rebbi Meir,] then like who can it possibly be?!

3)[line 23]חטאת נזירCHATAS NAZIR (NAZIR: KORBAN NAZIR TAHOR)

(a)If a person makes a vow to become a Nazir without stipulating a time period, his or her Nezirus lasts for a period of thirty days. If the person stipulates a time period, his or her Nezirus lasts for whatever amount of time he stipulated. During this period, the Nazir is not allowed to 1. cut his hair; 2. become Tamei by touching or being in the same room as a corpse; or 3. consume any products of the grapevine (Bamidbar 6:1-21, SEFER HA'CHINUCH #377). Transgressing any one of these prohibitions makes the Nazir liable to Malkus, as long as he was warned beforehand.

(b)If an ordinary Nazir becomes Tamei through contact with or being in the same room as a corpse, on the third and seventh days he must be sprinkled with water that has the ashes of the Parah Adumah in it (see Background to Zevachim 93:5) to become Tahor. On the seventh day of his purification he shaves off the hair of his head. On the eighth day, he brings the sacrifices of a Nazir who becomes Tamei and begins counting anew the days of Nezirus that he accepted upon himself. The sacrifices he brings are two Torim (turtledoves) or two Benei Yonah (young common doves), one as a Chatas and one as an Olah. He must also bring a yearling sheep as an Asham. (These Korbanos and this shaving are in addition to the Korbanos and shaving that he, and every Nazir, brings upon the completion of his Nezirus.)

(c)When a Nazir completes his period of Nezirus, he must offer three sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram as a Shelamim. Together with the Shelamim he brings 6 and 2/3 Esronos of Soles (fine flour), which are made into 20 loaves of Matzah, 10 Chalos (unleavened loaves of Matzah) and 10 Rekikin (flat Matzos). He then shaves off the hair of his head and burns it under the cauldron in which the Zero'a of the Shelamim is cooked (Bamidbar 6:18).

4)[line 29]עולת יולדתOLAS YOLEDES (YOLEDES: KORBAN YOLEDES)

(a)In Vayikra 12:1-8, the Torah discusses the laws of Tum'ah and Taharah after childbirth. (The same Halachos apply to a woman who miscarries after the fetus has reached a certain stage of development.) After a woman gives birth, she must wait for a certain amount of time before she can enter the Beis ha'Mikdash or eat Kodshim. That time period is divided into two stages:

1.During the initial stage, she has the status of a Nidah (even if she had not seen any blood). If she gave birth to a male, this lasts for seven days. If a female was born, this stage lasts for two weeks. At the end of this period, she may go to the Mikvah after nightfall. After she has gone to the Mikvah, she is known as a "Tevulas Yom Aroch" (a "long" Tevulas Yom — see Background to Nidah 71:23b), and she is permitted to her husband and to eat Ma'aser Sheni.

2.During the second stage, any bleeding that she experiences does not give her the status of a Nidah as it normally would. This blood is called Dam Tohar. Nevertheless, during this period, she may not eat Terumah, Kodshim or enter the Beis ha'Mikdash. This lasts for thirty-three days for a male, and sixty-six days for a female. Thus, the total waiting period for a male is forty days and for a female, eighty days.

(b)Any bleeding that the woman experiences after the conclusion of the above two terms is the start of her regular cycle (Dam Nidah).

(c)At the end of the above two stages, the woman may eat Kodshim and enter the Azarah of the Beis ha'Mikdash only after she brings a Korban Yoledes. Until then she is a Mechuseres Kaparah (see Background to Me'ilah 8:4). Her Korban includes a male sheep as an Olah and a Tor (turtledove) or a Ben Yonah (common dove) as a Chatas. If she could not afford a sheep, she brings two Torim or two Bnei Yonah, one as an Olah and one as a Chatas. (The current practice is to consider a woman a Nidah even if she experiences bleeding during the period of Dam Tohar — see Insights to Nidah 25a.)

5)[line 30]עולת מצורעOLAS METZORA (METZORA: KORBAN)

(a)See Background to Erchin 3:4b.

(b)On the eighth day of his purification process (for a description of the process, see Background to Bechoros 9:17), the Metzora must bring Korbanos to complete his Taharah. The animal Korbanos are two male sheep and one female sheep. One of the male sheep is offered as an Olah, the other as an Asham. The female sheep is offered as a Chatas.

(c)If he cannot afford to buy all these animals, he is called a poor Metzora. The poor Metzora brings two Torim (turtledoves) or two Benei Yonah (common doves) as the Olah and the Chatas; however, a sheep is still brought as his Asham.

(d)An ordinary Metzora or a poor Metzora brings Nesachim with all of his animal Korbanos (Menachos 91a).

6)[line 35]פריש ליה חבריהPARISH LEI CHAVREI- his friend designated an animal of his own as a Korban for him

21b----------------------------------------21b

7)[line 4]אירציIRTZI- he agreed

8)[line 22]מסר מודעאMASAR MODA'AH - he expressed a Moda'ah

Moda'ah is a pre-announced declaration, made in front of witnesses, that a sale or Get which a person is about to enact was made under duress, and should not take legal effect.

9)[line 23]עשאוה ואירציASA'UHA V'IRTZI- they forced him to give a Get and he acquiesced

PEREK #3 SHUM HA'YESOMIM

10)[line 28]שוםSHUM - an appraisal of the value of property (HACHRAZAH)

(a)Before Beis Din sells the property inherited by orphans to pay a debt of their father (or to pay other debts; see Bava Metzia 108b), they must first estimate the value of the property and then announce for thirty consecutive days or for a period of sixty days on Mondays and Thursdays that they are selling the property of orphans. They make the announcements in the morning and the evening at the time that workers are going to and coming back from work. The announcements in the morning are made so that a prospective buyer asks his worker to evaluate the property on his way to work; the announcements in the evening are made to remind the prospective buyer about the property so that he will ask his worker how much the property produces.

(b)At the time that the announcements are made, the distinguishing marks and the boundaries of the property are announced. Likewise, Beis Din announces the amount that the field produces, the estimated value, and the reason that it is being sold (whether to pay back a loan or to pay the Kesuvah of a widow. Some people prefer to pay a creditor because he will accept imperfect coins as payment, and some people prefer to pay a widow since she usually gets paid in small installments.)

(c)If Beis Din sold the property without a Hachrazah, the sale is invalid and the property has to be sold again with a Hachrazah. However, if Beis Din is selling the property in order to pay the head-tax of the orphans, to pay for the food of the widow or orphans, or to pay for the burial of the father or orphans, they do not make a Hachrazah, because there is no time to spare (Erchin 21b, RAMBAM Hilchos Malveh v'Loveh 12:8, 10-11).

11)[line 31]בשעת הוצאת פועלים ובשעת הכנסת פועליםBI'SHE'AS HOTZA'AS PO'ALIM UVI'SHE'AS HACHNASAS PO'ALIM- (a) when the workers go out to work (in the morning) and when the workers come back home (in the evening) (RASHI); (b) according to TOSFOS it means the opposite: when the workers go out of the fields (in the evening) and when the workers return to the fields (in the morning)

12)[line 34]סיירו להSAIRU LAH- inspect it

13)[line 35]דנידכרD'NIDKAR- that he should remember

14a)[line 39]סימניהSIMANEHA- its distinguishing marks

b)[line 39]במצריהMETZAREHA- its boundaries

15)[last line]מיקל בזוזיMEIKEL B'ZUZEI- he accepts imperfect coins as the payment

16)[last line]שקלה על יד על ידSHAKLAH AL YAD AL YAD- she takes payment bit by bit

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