KERISUS 4 - Dedicated by Rabbi Dr. Eli Turkel of Raanana, l'Iluy Nishmas his mother, Golda bas Chaim Yitzchak Ozer (Mrs. Gisela Turkel) who passed away on 25 Av 5760. Mrs. Turkel accepted Hashem's Gezeiros with love; may she be a Melitzas Yosher for her offspring and for all of Klal Yisrael.

[4a - 60 lines; 4b - 63 lines]

*********************GIRSA SECTION*********************

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 4a [line 46]:

"Bein mi'Lav, u'Vein mi'Lav d'Chares" áéï îìàå åáéï îìàå ãëøú

Rashi's text did not include these words; his Girsa is v'Lav mi'Kares åìàå îëøú. Rashi's text also did not include the words in parentheses.

[2] Rashi 4a DH Ela Amar Rav Sheshes...: : ã"ä àìà àîø øá ùùú

The words "Ela Shel Shem Echad" àìà ùì ùí àçã

should be "d'Lo Chashiv Ela Shel Shem Echad" ãìà çùéá àìà ùì ùí àçã

[3] Gemara 4b [line 1]:

The words "Alma Lo Ukmah" àìîà ìà àå÷îä

should be "Alamah Lo Ukmah" àìîä ìà àå÷îä (with the letter "Heh" instead of the letter "Alef")

[4] Gemara [line 18]:

"Aval Chulin Eima Lo" àáì çåìéï àéîà ìà

Rashi's Girsa is "Aval Chulin d'Asur Chelbo Eima Lo" àáì çåìéï ãàñåø çìáå àéîà ìà, which has the same connotation as our Girsa (see Rashi)

[5] Gemara [line 22]:

"mid'Hutar Besaran Ishteri Nami Chelban" îãäåúø áùøï àéùúøé ðîé çìáï

Rashi's Girsa does not include the word "Besaran." Rabeinu Gershom's Girsa, however, does include this word (see Insights)

[6] Gemara [line 47]:

"Af Dam she'Damo Chaluk mi'Besaro" àó ãí ùãîå çìå÷ îáùøå

Rashi's Girsa is "Af Dam, Damo Chaluk mi'Besaro" àó ãí ãîå çìå÷ îáùøå

[7] Rashi 4b DH Dam Im'it mi'Me'ilah ã"ä ãí àéîòéè îîòéìä:

The words "mi'Zarus Korban" îæøåú ÷øáï

should be "Zarus mi'Korban" æøåú î÷øáï

[8] Rashi DH Af Dam ã"ä àó ãí:

The words "Mafrido mil'Hitztaref" îôøéãå îìäöèøó

should be "she'Mafrido mil'Hitztaref" ùîôøéãå îìäöèøó

[9] ibid. (at the end):

The words "(Isur) l'Tamei" àéñåø ìèîà

should be "Isur Tamei" àéñåø èîà

[10] Rashi DH Yatz'u Sheratzim : ã"ä éöàå ùøöéí

"Hilkach Dam Nachash u'Vesaro Mitztarfin" äéìëê ãí ðçù åáùøå îöèøôéï

This is the correct Girsa (and not the Girsa "Sheretz"), but it is the beginning of a new Dibur ha'Maschil and belongs below, after the Dibur ha'Maschil "la'Achilah"

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1)[line 6]çìáCHELEV

(a)Chelev refers to the fat of an animal that is offered on the Mizbe'ach. It consists of the layer of fat covering the stomachs, all the other fat attached to the stomachs, and the fat on the kidneys along the flanks (Vayikra 3:4). The verse states, "Chukas Olam l'Doroseichem b'Chol Moshevoseichem, Kol Chelev v'Chol Dam Lo Socheilu" - "It shall be an everlasting statute for your generations throughout all your settlements, that you eat neither [forbidden] fat nor blood" (Vayikra 3:17).

(b)It is forbidden to eat the Chelev of a Kosher Behemah (farm animal), but it may be used for any other purpose. The Chelev of a Chayah (a Kosher non-farm animal), however, may even be eaten. "Shuman" refers to all the other fat of an animal that is permitted.

(c)If a person eats a k'Zayis of Chelev b'Mezid (intentionally) after Hasra'ah (being forewarned), he is punished with Malkus (lashes). If he was not given Hasra'ah, he is Chayav Kares. If he sins b'Shogeg (unintentionally) he must bring a Korban Chatas (as with all sins for which one is liable to Kares b'Mezid). If a person is in doubt whether the fat he ate was Chelev or Shuman, he must bring a Korban Asham Taluy.

2)[line 30]ðúøáä áàìéäNISRABEH B'ALYAH- its Emurim offerings are larger (for even the Alyah, fat tail, of a sheep is offered when sacrificing sheep as Korbenos Shelamim or Chatas, while the Alyah of a goat is not offered — RASHI)

3)[line 31]ìîä îðä äëúåá àéîåøéï áùåøLAMAH MANAH HA'KASUV EMURIN B'SHOR- why does the verse enumerate the limbs of a bull offering that are offered? (That is, why does the verse specify that the Emurim of a Bechor are offered on the Mizbe'ach "whether the Bechor is an ox, sheep, or goat"?

4)[line 35]ðúøáä áðñëéíNISRABEH B'NESACHIM- a larger quantity of Nesachim is brought with it

5)[line 38]ðúøáä àöì òáåãú ëåëáéíNISRABEH ETZEL AVODAS KOCHAVIM- it is brought when an individual worships Avodah Zarah b'Shogeg (inadvertently)

6)[line 43]éù áå öã øéáåéYESH (BO) [BAHEN] TZAD RIBUY- they have in common the fact that more is brought on the Mizbe'ach when they are offered

7)[line 47]ìàå îëøúLAV MI'KARES- they are arguing whether we learn the Lav from the Kares. The verse that specifies that one who eats Chelev is punished with Kares (Vayikra 7:23, 25) clearly states that it is referring to the Chelev of an animal that can be sacrificed to HaSh-m. The verse that tells us that one who eats Chelev transgresses a Lav does not limit the Lav to any particular animal. The argument between Rebbi Yishmael and the Rabanan is whether or not we automatically apply to the Lav the limitation of the verse that discusses Kares.

8)[line 55]åòùä àçú åòùä äðäV'ASAH ACHAS, V'ASAH HENAH- The verse states, "... Nefesh Ki Secheta vi'Shegagah mi'Kol Mitzvos HaSh-m Asher Lo Sa'asenah, v'Asah me'Achas me'Henah" - "If a person commits an inadvertent sin by violating the negative commandments of HaSh-m, and he does one of them" (Vayikra 4:2)

9)[line 57]ùðé ùîåú áäòìí àçú àîàé çééá?SHNEI SHEMOS B'HE'ELEM ACHAS, AMAI CHAYAV?- if one commits two transgressions with separate titles in a single moment of forgetfulness, why is he Chayav? Since the Beraisa says, "Chelev and Chelev which are two Shemos," the Gemara assumes that it is referring to two k'Zeisim of Chelev from separate parts of one animal (and not to two different Isurim).

10)[last line]îçééëå òìä áîòøáàMECHAICHU ALAH B'MA'ARAVA- in Eretz Yisrael they laughed at it. (The Gemara in Sanhedrin 17b says that this phrase is used to introduce a statement of Rebbi Yosi b'Rebbi Chanina.)

4b----------------------------------------4b

11)[line 7]áùðé úîçåééïB'SHNEI TAMCHUYIN- in two dishes, i.e. prepared in two different ways

12)[line 12]"ç÷ú òåìí [ìãøúéëí áëì îåùáúéëí ëì çìá åëì ãí ìà úàëìå]""CHUKAS OLAM [L'DOROSEICHEM B'CHOL MOSHVOSEICHEM, KOL CHELEV V'CHOL DAM LO SOCHEILU.]"- "It shall be an everlasting statute [for your generations throughout all your settlements, that you eat neither [forbidden] fat nor blood.]" (Vayikra 3:17)

13)[line 32]îä çìá ìå÷ä ùúéíMAH CHELEV LOKEH SHETAYIM- just as one is given two sets of Malkus for eating Chelev (the Gemara is discussing Chelev and Dam of Kodshim)

14)[line 35]úøé ÷øàé "ëì çìá ..."TREI KERA'EI "KOL CHELEV ..."- two verses are written with regard to Chelev: "Kol Chelev" (Vayikra 3:17; this is the end of the verse, "Chukas Olam l'Doroseichem" — see above, entry #12)

15)[line 43]îòéìäME'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).

(d)There are some objects of Hekdesh to which the laws of Me'ilah do not apply ("Lo Mo'alin"), but which the Chachamim prohibited to use ("Lo Nehenin"). They are classified in the category of "Lo Nehenim v'Lo Mo'alin."

16)[line 46]ùçìáå çìå÷ îáùøåSHE'CHELBO CHALUK M'BESARO- its fat (Chelev) is differentiated from its flesh, as it does not have the same Halachic status as its flesh

17)[line 47]àó ãí ùãîå çìå÷ îáùøåAF DAM, DAMO CHALUK MI'BESARO- so, too, with regard to blood, its blood is differentiated from its flesh. This is Rashi's Girsa (see Girsa section). He explains that even though the blood of a non-Kosher animal should be Asur because of both the prohibition of Dam and the prohibition of eating a non-Kosher animal, nevertheless a half-k'Zayis of blood does not combine with the a half-k'Zayis of the meat of a non-Kosher animal to make the person who eats it Chayav Malkus for eating a non-Kosher animal.

18a)[line 56]ìãí äúîöéúL'DAM HA'TAMTZIS- for the blood that drips (from a major artery) after the main flow has subsided upon an animal's death

b)[line 58]ãí ÷ãùéí ùäðôù éåöà áåDAM KODSHIM SHEHA'NEFESH YOTZEI BO- the blood of Kodshim with which the life force of the animal leaves; this refers to the blood that spurts out upon the animal's slaughter (which is used for the Zerikas ha'Dam of the Korban)

c)[line 60]ãí àéáøéïDAM EIVARIN- for the blood that is contained in the limbs and does not drain out with the rest of the blood

19)[line 61]îòùøMA'ASER (MA'ASER SHENI)

(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 separated from it. Until the Terumos have been separated, the produce is called Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim (Sanhedrin 83a).

(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 to Yerushalayim and eaten there by its owner. Anyone who eats Ma'aser Sheni produce outside of the walls of Yerushalayim (without Pidyon, redemption — see Background to Bechoros 50:13:e) receives Malkus (RAMBAM Hilchos Ma'aser Sheni 2:5). Once the Ma'aser Sheni produce enters the walls of Yerushalayim, it may not be redeemed. It is considered "Niklat," "captured" by the walls.

(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.

20a)[line 61]úéøåùTIROSH- and wine

b)[line 61]éöäøYITZHAR- and oil

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