[44a - 54 lines; 44b - 42 lines]

1)[line 3]סיקריקוןSIKRIKON- murderous idolaters who would take the land of Jews instead of killing them. "Sikrikon" comes from the words, "Sa Karka" - "take land [instead of taking my life]" (RASHI to Gitin 55a).

2)[line 4]שאנסו בית המלך גורנוSHE'ANSU BEIS HA'MELECH GORNO- that the agents of the king pilfered his stockpile of grain

3a)[line 4]חייב לעשרCHAYAV L'ASER- the owner is obligated to tithe the produce that was taken from other produce that he possesses (RASHI to Chulin 131a)

b)[line 4]חייב לעשרCHAYAV L'ASER (MA'ASER)

(a)After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.

(b)The produce may not be eaten until both Terumos have been removed, and it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim.

(c)A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.

(d)The tithe that is separated during the first, second, fourth, and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim.

(e)Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional fifth (of the ensuing total, or a quarter of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

4)[line 5]באנפרותB'ANPARUS- through thievery (i.e. with no reason) by an individual or an authority

5)[line 6]דקא משתרשי ליהD'KA MISHTARSHI LEI- since he profits from it by being released of a monetary debt (i.e. because he profits from the crop, it is as if he sold it)

6)[line 7]לפרהנגPARHANG- (a) a robber who makes false accusations of monetary debt who claims property in exchange for the so-called debt (RASHI); (b) an official in need of laborers who forcibly enlists slaves into his service; however, he pays for the slave. After the project is completed, he returns the slave and takes back his money (TOSFOS).

7)[line 15]חוץ ממלאכתוCHUTZ LI'MELACHTO- [selling the person of a slave and] not the work he produces (which remains in the possession of the slave's original owner. As such, the slave is not prevented from performing Mitzvos or keeping Shabbos and Yom Tov. An example of this is selling a slave to marry a maidservant and having her bear children who are the property of the buyer.)

8)[line 15]חוץ מן המצותCHUTZ MIN HA'MITZVOS- [selling a slave for the work he produces as long as he is] not prevented from performing Mitzvos

9)[line 16]לגר תושבGER TOSHAV

The Gemara (Avodah Zarah 64b) quotes three opinions regarding who is a Ger Toshav. Rebbi Meir maintains that a Ger Toshav is a Nochri who accepts upon himself, in front of three "Chaverim" (Talmidei Chachamim), not to worship idols. The Chachamim say that a Ger Toshav is a Nochri who accepts upon himself to observe the seven Mitzvos of Bnei Noach (see Background to Avodah Zarah 46:4). Acherim maintain that the above opinions are incorrect, and that a Ger Toshav is a Nochri who accepts all of the Mitzvos except for not eating Neveilos (animals that were not slaughtered properly). See Insights to the Daf and Audio Shi'ur to Avodah Zarah 64: Ger Toshav.

10)[line 17]לישראל מומרYISRAEL MUMAR- an apostate, a person who does not keep the laws of the Torah

11)[line 17]לכותיKUSI (KUSIM)

(a)The King of Ashur brought the people of Kusa to Eretz Yisrael and made them settle in the Shomron. They converted to Judaism after they found themselves under attack from lions. The Chachamim disagree as to whether their conversion was honest and valid (Geirei Emes) or not (Geirei Arayos).

(b)After the times of the Mishnah, the Kusim were found worshipping an image of a dove and the Chachamim gave them the status of Nochrim. (According to most Rishonim, this means that they decided to treat them like Nochrim l'Chumra, even if they were Geirei Emes. According to the RAMBAM (Peirush ha'Mishnayos), however, this means that they decided that their conversion was not sincere and deemed them Nochrim (Geirei Arayos) for all Halachic matters.)

(c)Even though the Kusim kept many Mitzvos of the Torah down to their last detail, there were other Mitzvos that they did not keep at all. For example, the Kusim did not refrain from causing others to sin (which is prohibited by the verse, "Lifnei Iver Lo Siten Michshol" - "You shall not put a stumbling block before the blind" - Vayikra 19:14).

12)[line 21]עבד שהפיל עצמו לגייסותEVED SHE'HIPIL ATZMO L'GAYASOS- a slave who let himself be captured

13)[line 24]פוק עיין במכילתיךPUK, AYEIN B'MECHILTACH- go out and check into your [lessons in the] Mishnayos [and Beraisa'os]

14)[line 24]נפק דק ואשכחNAFAK, DAK V'ASHKACH- (lit. he went out, checked and found) he checked into the sources and found the following Beraisa

15)[line 25]המוכר ביתו לעובד כוכביםHA'MOCHER BEISO L'OVED KOCHAVIM (LO SECHANEM)

(a)It is forbidden to have mercy on idolaters, as the verse states, "[... Hacharem Tacharim Osam, Lo Sichros Lahem Beris] v'Lo Sechanem" - "[And when HaSh-m, your Elokim, shall deliver them (the intractable idolaters) before you, you shall strike them, and completely destroy them; you shall make no covenant with them,] nor show mercy to them" (Devarim 7:2). The Torah warns the Jews to distance themselves from idolaters so that they do not learn from their wicked ways. The Gemara (Avodah Zarah 20b) learns from this verse many ways in which we must distance ourselves from idolaters.

(b)Among the prohibitions included in this verse is not to sell houses or fields in Eretz Yisrael to idolaters. They may rent storehouses, as long as an entire Shechunah (a neighborhood, consisting of at least three houses) is not rented to idolaters. Renting them living quarters, however, is prohibited, since they will introduce objects of idol worship into Jewish houses, which is prohibited, as the verse states, "v'Lo Savi So'evah El Beisecha" - "You shall not bring an abomination into your house" (Devarim 7:26).

(c)Even renting fields in Eretz Yisrael to idolaters is forbidden, for two reasons. First, according to one opinion (and the RAMBAM rules as such - see Hilchos Avodah Zarah 10:3), the produce that they grow will be exempt from tithes. Selling or renting them fields, therefore, removes the inherent Kedushah (sanctity) of the land. Second, ownership of a field gives them "Chanayah" in Eretz Yisrael, that is, an occupation of the land (from the word Sechanem - this is one of the interpretations of the prohibitions of this verse). Selling them houses or fields outside of Eretz Yisrael, however, is permitted.

16)[line 29]וכותב ומעלה בערכאות שלהםV'CHOSEV U'MA'ALEH BA'ERKA'OS SHELAHEM- he writes a contract and has it recorded in their offices of records

17)[line 33]מיני אמי בר נתן תורה יוצאה לכל ישראלMINI AMI BAR NASAN TORAH YOTZ'AH L'CHOL YISRAEL- from me, Ami bar Nasan, this lesson will be taught to all of the people of Yisrael

18)[line 42]המוכר עבדו לעובד כוכביםHA'MOCHER BEHEMAH GASAH L'OVED KOCHAVIM

(a)The Chachamim decreed not to sell a beast of burden to a Nochri. The reason for this prohibition is that if one could sell his animal to a Nochri, he may be tempted to lend or rent his animal to the Nochri, who would then work with a Jew's animal on Shabbos. This is prohibited, as the verse states, "Lo Sa'aseh Chol Melachah... u'Vehemtecha" - "Do not do any work [on Shabbos]... [nor] your animals" (Shemos 20:10).

(b)Another reason given for this decree is that the Jew might start the sale a few minutes before the start of Shabbos and call to the loaded animal on Shabbos to show the Nochri how well it works. By doing so he would transgress the prohibition of Mechamer on Shabbos (Avodah Zarah 15a).

19)[line 44]מפקע ליה ממצותMAFKA LEI MI'MITZVOS- he takes away his possibility to keep the Mitzvos

20)[line 51]לקנסיה טפי חדLIKANSEI TEFEI CHAD- we should only fine him the value of one additional animal [over the fine imposed upon a person who sells a slave to a Nochri (which is ten times the value of the slave), i.e. he should pay eleven times its worth instead of one hundred times its worth]

21)[line 51]מילתא דלא שכיחא ומלתא דלא שכיחא לא גזרי בה רבנןMILSA D'LO SHECHICHA LO GAZRU BEI RABANAN- the Chachamim did not enact decrees for unusual situations

22)[line 53]צרםTZARAM- one who cut and mutilated

23)[line 53]בכורBECHOR

(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 during the following two days and the intervening night by Kohanim, their wives, children, and slaves.

(c)If the animal has 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. The Chachamim penalized a person who intentionally mutilates a Bechor, that the animal may never be slaughtered (Bechoros 34a).

(d)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.

(e)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).

44b----------------------------------------44b

24)[line 1]כוון מלאכתו במועדKIVEN MELACHTO BA'MO'ED

(a)It is prohibited to perform Melachos (creative acts) on Chol ha'Mo'ed, except in certain circumstances when the Chachamim were lenient. One of these circumstances is termed a Davar ha'Aved, when doing the Melachah will prevent a loss.

(b)The completion of certain projects cannot be delayed for a week without incurring a loss. When such a project involves a Melachah, it is forbidden to begin the project immediately before Yom Tov, such that it will become necessary to finish it on Chol ha'Mo'ed in order to prevent a loss. One who does so has been "Mechaven Melachto Ba'Mo'ed," intentionally arranging for his Melachah to be done on Chol ha'Mo'ed, and it is prohibited for him to finish his project on Chol ha'Mo'ed.

(c)The Gemara discusses whether the son of a person who was Mechaven Melacho ba'Mo'ed is likewise prohibited from performing the Melachah on Chol ha'Mo'ed or whether only the father was penalized, but not the son.

25)[line 5]שנתקווצהSHE'NISKAVTZAH- that was cleared of scattered detached thorns

26)[line 5]בשביעיתSHEVI'IS

(a)The Torah requires that farmers desist from working the land every seventh year, as described in Vayikra 25:1-7. The fruits that grow during the seventh (Shevi'is) year are holy to the extent that 1. they must be considered ownerless; anyone may come into any field and pick the fruit that he intends to eat. 2. The fruits may not be bought and sold in a normal fashion (see Insights to Sukah 39:2). 3. The Torah requires that the fruits of Shevi'is be used only for eating or drinking (in the normal manner of eating for that type of fruit) or for burning to provide light (in the case of oil). They may not be wasted or used for medicinal purposes or animal fodder, etc.

(b)The Shemitah year is meant to teach the Jewish people to rely on HaSh-m for their sustenance, a fact that is not always clear to them during the six years in which they work their own fields.

27)[line 6]נטייבהNITAIVAH- (a) [a field that] was fertilized by scattering gathered manure (RASHI); (b) [a field that] was plowed a second time (TOSFOS, RABEINU CHANANEL, based on the YERUSHALMI)

28)[line 6]נדיירהNIDAIRAH- [a field that] was fertilized by leaving cattle in the field for an extended period of time

29)[line 8]נקטינןNAKTINAN- we have a tradition

30)[line 10]טימא טהרות של חבירוTIMEI TAHAROS SHEL CHAVEIRO- one who renders Tamei (ritually impure) his friend's food or other items that were Tehorim (ritually pure)

31)[line 11]היזק שאינו ניכרHEZEK SHE'EINO NIKAR

Hezek she'Eino Nikar is non-physical damage, such as the damage done by causing an object to become Halachically prohibited or invalidated for a particular use. The Tana'im argue whether a person may be held liable for such damages.

32)[line 14]המוכר עבדו לחוצה לארץHA'MOCHER AVDO L'CHUTZAH LA'ARETZ- a person who sells his slave to a Jew in Chutz la'Aretz

33a)[line 18]לפלוני אנטוכיPELONI ANTOCHI- So-and-so, the one who was born in Antochiya (and does not necessarily live there now)

b)[line 19]אנטוכיANTOCHIYA- Antioch, the ancient capital of Syria, situated on the Orontes River

34a)[line 20]לאנטוכי השרוי בלודL'ANOTCHI HA'SHARUY B'LOD- to the one who was born in Antochiya, who now resides in Lod

b)[line 20]בלודLOD- the town of Lod in central Eretz Yisrael, located in the present day city by that name, southeast of Tel Aviv. During the time of the Gemara it was located on the road that led from Yerushalayim to Caesaria, and it had a mixed population.

35a)[line 21]ביתאBEISA- a [permanent] residence

b)[line 22]אושפיזאUSHPIZA- a [temporary] lodging or inn

36)[line 23]והכניסה לו עבדים ושפחותV'HICHNISAH LO AVADIM U'SHEFACHOS (NICHSEI TZON BARZEL)

A woman brings into her marriage two types of possessions, as follows:

1.Possessions that the wife owned before marriage, the values of which were estimated and written in the Kesuvah, to be returned to her in full upon divorce or the husband's death. These are called Nichsei Tzon Barzel ("Iron Flock Properties") because their value does not change between the time of marriage and the time of divorce or the husband's death.

2.Possessions that were not estimated and their values were not specified in the Kesuvah. Upon divorce or the husband's death, the property is returned as is, regardless of its appreciation or depreciation (or deterioration) over the years. These are referred to as Nichsei Milug ("Properties that are Plucked"), because for the duration of the marriage the husband may take ("pluck") the produce (Peiros) of these possessions (e.g. reaping the fruit of a field, or plowing with an ox). However, he may not "use up" the property itself (e.g. by digging trenches in the field or slaughtering the ox).

37)[line 25]הדין עמה/ הדין עמוHA'DIN IMAH / HA'DIN IMO

If a woman gets divorced and claims the return of Nichsei Tzon Barzel items (see previous entry) that she brought into the marriage, but her husband wants to pay her their estimated value, the Amora'im argue (Yevamos 66b) as to whose claim is honored. Rav Yehudah rules that ha'Din Imah - we honor her claim, since these items are termed "Shevach Beis Aviha," "the honor of her father's house," making them similar to family heirlooms, which have special sentimental value. Rebbi Ami rules that ha'Din Imo - we honor his claim, since he is responsible to make up for any loss or depreciation in these items.

38)[line 32]לסוריאSURYA- Syria; areas from modern-day Syria that were conquered by David ha'Melech

39)[line 35]ואין הכל מוציאיןV'EIN HA'KOL MOTZI'IN

The Mishnah (Kesuvos 110b) states that "ha'Kol Ma'alin" - all of one's household (even an Eved Ivri) can be forced by the head of the household to move up to Eretz Yisrael. However, "Ein ha'Kol Motzi'in" - no one can be forced to leave.

40)[line 38]היובלYOVEL

(a)The year after 7 Shemitah cycles of 7 years each is called the Yovel year. There is an argument among the Tana'im as to whether the 50th year is not counted as one of the years of Shemitah, or whether it is part of the count and is itself both the Yovel and the 1st year of the next Shemitah cycle.

(b)The Halachos of the Shemitah year apply in the Yovel year with regard to not working the land and maintaining the sanctity of the fruits that grow (see above, entry #26). In addition, at the start of the Yovel year, all Jewish slaves (Eved Ivri, see Background to Gitin 43:13) are set free and all properties that were sold since the previous Yovel year are returned to their original owners. If a person sells a field in the Yovel year itself, Rav maintains that the sale takes effect, but the field returns to the seller. Shmuel rules that the sale does not take effect (see Erchin 29b).

(c)On Yom ha'Kipurim of the Yovel Year, Beis Din blows a Shofar to denote that the time has come to set free all of the slaves, as the Torah states in Vayikra 25:9. There is an argument among the Tana'im as to what is considered the beginning of the Yovel year. According to the Chachamim, Yovel starts with the Shofar blast of Yom ha'Kipurim. According to Rebbi Yochanan ben Berokah, it begins at Rosh ha'Shanah, and the Shofar blast only denotes the completion of the process of freeing the slaves (Rosh Hashanah 8b).

41)[line 39]הדרי זביניHADREI ZEVINEI- the sale is rescinded (and the buyer receives his money back)

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