KERISUS 19 (9 Elul) - Dedicated to commemorate the Yahrzeit of  Chana bas Mordechai Eliezer z'l.

[19a - 41 lines; 19b - 51 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 19a [line 21]:

The words "d'Rebbi Yishmael Nami Lo Ba'i Yedi'ah"

should be "d'Rebbi Yishmael Lo Ba'i Nami Yedi'ah" (or the word "Nami" should be removed altogether, as is the Girsa in Shevuos 14b Rashash)

[2] Rashi 19a DH Shachach she'Halach b'Rosho " :

The words "Ika Tum'ah Yedi'ah Vada'is"

should be "Ika Tum'ah v'Yedi'ah Vada'is"

[3] Rashi DH v'Rebbi Shimon Ben Yehudah " :

The words "d'Tum'as Yedi'ah Vada'is Hi"

should be "d'Tum'ah Vada'is Hi"

[4] Rashi DH she'Hu Chayav " :

The words "Eizo Melachah"

should be "v'Eizo Melachah"

[5] Rashi DH Miba'i Lei " :

The words "v'Iy Kashya Im Ken ..." are the beginning of a new Dibur ha'Maschil, and belong on 19b, Rashi DH Meleches Machsheves Asrah Torah "v'Iy Kashya Im Ken ..." (see Bach to Daf 19b #1 and the marginal note of the Rashak there)

[6] Rashi 19b DH Mis'asek b'Arayos " :

(a) The words "Kegon she'Niskaven Lavo Al Ishto Nidah v'Savur Tehorah Hi" are difficult to understand, since that is a case of Shogeg and not Mis'asek, as Rashi wrote above and at the end of the previous Dibur, and as the Shitah Mekubetzes #19 and the Rashash ask.

(b) Perhaps these words belong at the end of the previous Dibur, which does refer to Shogeg rather than Mis'asek. (The Rashash and Olas Shlomo emended Rashi in other ways.)

[7] Rashi DH ul'Rebbi Yosi " :

(a) Should be corrected as suggested by Shitah Mekubetzes #20

(b) The words "Amai Ka'amar"

should be "v'Amai Ka'amar"

[8] Rashi DH Chata v'Eino Yode'a b'Mai Chata " :

The words "O Safek Chata O Safek Lo Chata" are the beginning of a new Dibur

[9] Rashi DH Afilu Rebbi Yehoshua Mechayev " :

(a) These words are the continuation of the previous Dibur and not the beginning of a new one

(b) These words should read "v'Hacha Afilu Rebbi Yehoshua Mechayev"

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1)[line 23] MI'GEMARA IS LEI- his ruling was based on a tradition (as opposed to a ruling based on a specific verse)

2)[line 37] , " "IM KEN, LAMAH NE'EMAR "ASHER CHATA BAH"- (The words "Im Ken" are like "v'Chi Teima":) if you will ask, when will the verse "Asher Chata Bah" exempt one from a Chatas, the answer is when the person intended to perform a permitted act but unknowingly sinned (RASHI; other Rishonim explain these words in a similar fashion)

3a)[line 37] PRAT L'MIS'ASEK- this excludes the case when a person intended to do (lit. was occupying himself with) an action in a situation where it is permitted, and accidentally performed the same action in a situation where it is forbidden. For example, if a person planned to cut a melon that was detached and actually cut one that was still attached to the ground. (RASHI, see next entry and Insights)

b)[line 37]MIS'ASEK

A person must bring a Korban Chatas for desecrating Shabbos only when he does a Melachah b'Shogeg, that is, mistakenly not knowing that the day is Shabbos or not knowing that the action that he did is a Melachah that is prohibited on Shabbos. However, a person who is Mis'asek, i.e. who does a completely different action from that which he intended to do, incurs no punishment whatsoever. (See Shabbos Chart #14, where the differences between Shogeg and Mis'asek are explained.)

19b----------------------------------------19b

4)[line 2] HA'MIS'ASEK B'CHALAVIM V'ARAYOS- the exemption of Mis'asek (see previous entry) does not apply when the prohibition involved is forbidden foods (the example given is Chelev) or Arayos, since the person has a direct physical pleasure from it

5)[line 3] (V'IY) [ELA] MIS'ASEK B'SHABBOS PATUR- Rashi's Girsa is "Ela," as the Bach #1 and Shitah Mekubetzes #2 suggest. This is the Gemara's answer: When is Mis'asek Patur? -In Hilchos Shabbos, as Rav Nachman says... (see Insights)

6)[line 4] MELECHES MACHSHEVES ASRAH TORAH

The Torah only forbids actions performed on Shabbos with intent, and not actions that were performed accidentally.

7)[line 5] L'RAVA MISHKACHAS LAH- see Insights

8)[line 29]"[ ] [ ' ] [ ]""[V'IM NEFESH] KI SECHETA [V'ASESAH ACHAS MI'KOL MITZVOS HASH-M ASHER LO SE'ASENAH;] V'LO YADA [V'ASHEM, V'NASA AVONO.]"- "[And if a person] sins, [and commits any of [the things that are forbidden to be done by] the commandments of HaSh-m;] though he knew it not, [yet he is guilty, and shall bear his iniquity.]" (Vayikra 5:17)

9)[line 42] TA'AH BI'DVAR MITZVAH V'LO ASA MITZVAH, PATUR

(a)A person offers a Korban Chatas if he transgresses a prohibition b'Shogeg (unintentionally) for which the Kares punishment applies for intentional transgression. A person offers a Korban Asham for Me'ilah b'Shogeg, unintentionally benefiting from Kodshim.

(b)If a person does an Aveirah that makes him liable to bring a Korban Chatas or Asham, but he thought that he was actually performing a Mitzvah of the Torah through his action, the Tana'im argue as to whether he is liable to bring a Korban or not.

(c)Even if To'eh b'Devar Mitzvah is exempt, there are various opinions among the Tana'im and Amora'im with regard to exactly when this exemption applies and when it does not:

1.Some say a person is exempt only when he eventually performs a Mitzvah through his actions. If he does not perform a Mitzvah, he is not exempt. This is the subject of an argument between the Tana Kama and Rebbi Meir in Pesachim 72a.

2.Others say that the exemption of To'eh b'Devar Mitzvah only applies when the person is in a rush because his time is limited ("Zemano Bahul"). If he has the option of doing the Mitzvah on the next day, he is liable to bring a Korban Chatas. (This is the reasoning of the Gemara Pesachim 72b, as opposed to the opinion of Rebbi Yochanan there.)

3.Still others rule that we only exempt ha'To'eh (one who makes a mistake) b'Devar Mitzvah, and not someone who was Shogeg b'Devar Mitzvah (where he transgresses the Isur accidentally due to a lack of care) RASHI to Pesachim 73b DH Im Yesh Shehus, and to Sukah 42a DH mi'Lishkah. (These are just some of the numerous details of this Halachah. More details are discussed in Pesachim 72b.)

(d)Our Gemara brings the Mishnah that describes a case of a Mohel who was to perform Bris Milah on two boys, one on Shabbos and one on the following morning. He performed Bris Milah on Shabbos on the wrong baby by mistake. He is a To'eh b'Devar Mitzvah and he is exempt from a Korban.

10)[line 48]!SHINENA!- well-learned (sharp) person!

11)[line 49] ' SHEVOK MASNISIN V'SA BASRAI- (lit. leave our Mishnah, and come after me) explain the case the way I do

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