[28a - 46 lines; 28b - 40 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 28b [line 16]:
Should be corrected as suggested by Shitah Mekubetzes #5, and as is found in Rabeinu Gershom.
[2] Mishnah 28b [line 38]:
"Af Al Pi she'Eino Rashai" àó òì ôé ùàéðå øùàé
The words Af Al Pi àó òì ôé do not appear in the Mishnayos edition; see Insights.
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1)[line 2]îçøéí àãíMACHARIM ADAM (CHERMEI KOHANIM)
(a)There are two types of Charamim, a type of vow or pledge in which one pronounces, "This object should be a Cherem." If the person specifies that he is making a Cherem for Bedek ha'Bayis, then it becomes Cherem for Bedek ha'Bayis. If he specifies that it should be a Cherem for Kohanim, then it becomes Cherem for Kohanim.
1.Chermei Kohanim are given to the Kohanim for their personal use. Before this type of Cherem is handed over to the Kohanim, it cannot be redeemed, as the verse teaches, "It may not be sold and it may not be redeemed" (Vayikra 27:28).
2.Chermei Gavo'ah are given to the Beis ha'Mikdash for the Bedek ha'Bayis. This type of Cherem may be redeemed like any other Hekdesh.
(b)The Tana'im argue (Erchin 28b) as to whether Stam Charamim (Charamim that are pledged without designating the recipient) are allocated to the Kohanim or to the Beis ha'Mikdash.
2)[line 20]ãéñúåøïDISTOREN- Arisus, an agreement whereby the laborer receives a percentage of the produce of the field
3)[line 21]äëà çéåúà åäëà çéåúàHACHA CHIYUSA V'HACHA CHIYUSA- from here is sustenance and from here is sustenance
4)[line 28]áúå ÷èðäBITO KETANAH (MECHIRAS AMAH IVRIYAH)
(a)A destitute father, under certain circumstances, may sell his daughter into servitude to a Jewish master as long as she is a minor. The sale is for a period of six years or until she becomes a Gedolah (when two pubic hairs grow after she enters her 12th year) or until the Yovel year (the year after seven Shemitah cycles), whichever comes first. During this period she is called an "Amah ha'Ivriyah."
(b)The Torah gives to the master of a Jewish maidservant the option of marrying her by first being Mekadesh her through a procedure called "Yi'ud." The Kidushin takes effect through the money that he initially gave to her father when he purchased her, as described in Kidushin (19a).
(c)If the master does not want to Mekadesh her with "Yi'ud," the Torah allows his son to Mekadesh her with "Yi'ud" (Vayikra 21:9). If neither the master nor the son wants to marry her, no one else may marry her until she is released from servitude.
5)[line 33]äîáæáæ àì éáæáæ éåúø îçåîùHA'MEVAZBEZ AL YEVAZBEZ YOSER ME'CHOMESH
The Sanhedrin, while in Usha, enacted a decree that if someone wants to give Tzedakah liberally, he should not give more than a fifth of his possessions (Kesuvos 50a, 67b).
28b----------------------------------------28b
6)[line 3]âæì äâøGEZEL HA'GER
If someone steals from a Ger who has no descendants (and therefore no legal relatives) and swears falsely to the Ger denying the theft, then later, after the Ger dies, admits to the theft, he must bring a Korban Asham, give to the Kohanim the value of the stolen object and add a fifth (of the ensuing total, or a quarter of the original value) (see Bamidbar 5:8).
7)[line 9]ùãä äéåöàä ìëäðéí áéåáìSEDEI HA'YOTZ'AH LA'KOHANIM BA'YOVEL- a field that was consecrated and not redeemed, which becomes the possession of the Kohanim upon arrival of the Yovel year. This ruling is not a continuation of the Beraisa that was discussing Gezel ha'Ger. Rather, it is the end of Rav Chiya bar Avin's statement about Chermei Karka and Metaltelin. (RASHI, TOSFOS DH Sedeh)
8)[line 14]àçã éåáì åàçã ùáéòéú îùîèéï ëàçãECHAD YOVEL V'ECHAD SHEVI'IS MESHAMTIN K'ECHAD (HASHMATAS SHEVI'IS V'YOVEL)
The cancellation effected by Yovel (i.e. return of land; see Background to Bava Basra 112:6) and Shevi'is (i.e. cancellation of loans; see Background to Makos 3:10) come at the same time, except that the cancellation effected by Yovel occurs at the beginning of the year, and Shevi'is is Meshamet at the end of the year.
9)[line 23]ùîòä çæ÷éä áø áéìåèåSHAM'AH CHIZKIYAH BAR BILUTO- Chizkiyah is asking a question on the statement of Rav Chiya bar Avin, who distinguished between Chermei Karka and Metaltelin with regard to who receives them
10)[line 33]÷ãùé ÷ãùéíKODSHEI KODASHIM / KODSHIM KALIM
(a)The term Kodshei Kodashim refers to the Korbenos Olah, Chatas and Asham (and Menachos), which have a greater degree of sanctity. They may only be slaughtered in the northern part of the Azarah and those parts that may be eaten may only be eaten in the Azarah by male Kohanim.
(b)The term Kodshim Kalim refers to the Korbenos Shelamim, Todah, Ma'asar Behemah, Pesach and Bechor, which have a lesser degree of sanctity. They may be slaughtered in the entire Azarah (and not only in its northern part) and may be eaten in the entire city of Yerushalayim by men or women.
11a)[line 36]ãîéäïDEMEIHEN- their value
b)[line 37]èåáúïTOVASAN- the value of the privilege to offer the animal as a Korban
12)[line 38]áëåøBECHOR (BECHOR)
(a)The Kedushah of Bechor rests on every firstborn male of an ox, goat or sheep when it comes out of its mother's womb. Nevertheless, there is a Mitzvah for a person to sanctify it himself (Erchin 29a, based on Devarim 15:19). He must then give it to a Kohen; it may not be redeemed.
(b)If the animal has no Mum (blemish), the Kohen must bring it as a Korban during its first year. After its blood and Emurim (see Background to Yevamos 7:8 and 100:9) are offered on the Mizbe'ach, its meat is eaten in Yerushalayim (by Kohanim) during the following two days and the intervening night. If the animal has or develops a Mum, it must be slaughtered and eaten during its first year. If it developed a Mum after the first year, it must be slaughtered and eaten within thirty days. The Kohen can give it away or sell it, even to a non-Kohen. However, it may not be sold in a meat market or weighed in the usual manner. It may not be redeemed with money.
(c)Whether or not it has a Mum, it is forbidden to work with a Bechor or to shear it. Any fleece that is removed from a Bechor, even if it came off on its own, is Asur b'Hana'ah. If, upon Shechitah, the animal is found to be a Tereifah, it is Asur b'Hana'ah and must be buried.
(d)Now that there is no Beis ha'Mikdash, a Kohen must care for a Bechor until it develops a Mum. Alternatively, he can sell it, even if it has no Mum, to a non-Kohen, who may eat it after it develops a Mum. It may not be bought, however, in order to be sold for a profit (Sefer ha'Chinuch #393, #445).
13)[line 39]ëéöã ôåãéí àåúå?KEITZAD PODIM OSO?- and how is it (the Bechor) redeemed? See Insights regarding the difference between Bechor and the other Kodshim mentioned in the Mishnah.