KERISUS 22 (11 Elul) - Dedicated by Rabbi Mordecai Kornfeld and family l'Iluy Nishmas Rabbi Kornfeld's father, Reb Aharon David ben Mordechai Kornfeld, a model of dedication to Torah and love for his fellow Jew and for all of Hashem's creations. His Yahrzeit is 11 Elul.

[21a - 50 lines; 21b - 45 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] Rashi 21a DH Nivlas Behemah " :

These words should be "Nivlas Behemah Temei'ah"

[2] Gemara 21b [line 12]:

Should be corrected as suggested by Shitah Mekubetzes #6

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1)[line 8] KLAL U'FRAT EIN BI'CHLAL ELA MAH SHEB'FRAT

(a)In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is "Klal u'Frat, Ein ba'Klal Ela Mah sheba'Prat."

(b)When a Klal (general term) is followed by a Prat (specification), without teaching any new Halachos that pertain to that Prat, then the Halachah of the verse is limited and applies only to the Prat.

2)[line 10] KLAL U'FRAT U'CHLAL IY ATAH DAN ELA K'EIN HA'PRAT

(a)One of the thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah is Klal u'Frat u'Chlal Iy Atah Dan Ela k'Ein ha'Prat.

(b)When a Klal (general term) is followed by a Prat (specification), which is followed in turn by another Klal, then everything belonging to the general category that is similar to the Prat is included. Anything that is not in the general category of the limiting Prat is not included.

3)[line 12] LO DAMI KELALA BASRA LI'CHLALA KAMA

(a)See previous entry

(b)When the context of the final Klal is not similar to that of the first Klal, the rule of Klal u'Frat u'Chlal does not apply.

4a)[line 12] KELALA BASRA- the second generalization, i.e. "Nefesh Asher Tochal Kol Dam" (Vayikra 7:27), which includes all Dam in the punishment of Kares

b)[line 12] KELALA KAMA- the first generalization, i.e. "[v']Chol Dam" (Vayikra 7:26), which includes all blood in a Lav (a negative prohibition)

5)[line 23]KOY

See Background to Kerisus 17:6.

6)[line 23] BIRYAH BIFNEI ATZMAH- an independent species; i.e., neither Chayah nor Behemah

7)[line 26]NIVLASO- the dead body of a Koy (it is prohibited to eat a dead Koy that was not slaughtered)

8)[line 27] KAF HA'YARECH- (O.F. polpe) the fleshy part of the thigh (covering the top of the femur or thigh bone)

9)[line 32] TZARICH MACHSHAVAH (TUM'AS OCHLIM: MACHSHAVAH)

In order for something edible to receive Tum'as Ochlin, it has to be considered food. A person's intention to eat the item and treat it as a food gives it the status of a food and it can receive Tum'as Ochlin. Therefore, a person has to intend to eat the meat of the corpse in order for it to receive Tum'as Ochlin (see Background to Kerisus 20:18).

10)[line 33]HECHSHER

See Background to Kerisus 13:4.

11)[line 36] L'ASUKEI TUM'AH MINEI- to remove its Tum'ah

12)[line 37] L'ACHUSEI LEI TUM'AH- for it to become Tamei

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

13)[line 2] BATLAH DAITO ETZEL KOL ADAM

(a)Batlah Da'ato Etzel Da'as Kol Adam means that a person's intentions are nullified by the conduct of all people. When a person puts himself in a situation that contradicts normal behavior, we treat this situation as Halachically invalid. For example, if a person eats something which is not food, he is not required to make a Berachah over it, since it is not normally eaten.

(b)In our Gemara, a person's intention to eat human flesh is so unusual that it would not lead to the Halachic classification of the flesh as a food.

14)[line 5] KEGON SHE'CHIPAHU B'VATZEK- such as, if he covered it with dough

15)[line 10] TUM'AH BOKA'AS V'OLAH, BOKA'AS V'YOREDES (TUM'AS OHEL / TUM'AH RETZUZAH)

(a)TUM'AS OHEL - A k'Zayis of the flesh of a Mes (corpse) is an "Avi Avos ha'Tumah" and is Metamei through Maga (contact), Masa (carrying), and Ohel (being in the same room (lit. tent). An Ohel is defined as a covered space that is at least one Tefach in length, width and height. If a person becomes Tamei with Tum'as Mes, he must wait seven days to go to the Mikvah. Furthermore, on the third and seventh days he must have Mei Chatas (water mixed with ashes of the Parah Adumah see Background to Temurah 6:19) sprinkled on him.

(b)In an Ohel ha'Mes, the house or room becomes Tamei even if the Mes is passing through it and does not stop moving. A person who enters an Ohel ha'Mes becomes Tamei even if only a bit of his body enters, even when entering backwards. A Mechitzah (partition) in an Ohel ha'Mes only prevents the spread of Tum'ah if it reaches the ceiling. (RASH to Kelim 1:4)

(c)The bones of a Mes are only Metamei through Ohel under one of three conditions: 1. They constitute a quarter of a Kav (Rova ha'Kav); 2. They are the majority of the human body (whether they are the majority of the build (Rov Binyano) of the body or the majority of the number (Rov Minyano) of 248 bones; 3. The bone is a complete skull or a complete spinal column. In order to be Metamei through Maga and Masa, it is enough for the bone to be the size of a Se'orah (a grain of barley).

(d)When an object that can be Metamei b'Ohel is located in an Ohel, the Ohel makes everything in it Tamei and protects anything that is above it from becoming Tamei. That is, an Ohel is Mevi Tum'ah (spreads Tum'ah inside of it) and is Chotzetz from Tum'ah (intervenes between the Tum'ah and the space above the Ohel, preventing Tum'ah from spreading above it).

(e)However, not all objects that cover Tum'ah are Mevi and Chotzetz. There are objects that are Mevi and not Chotzetz and other objects that are Chotzetz and not Mevi and even others that are neither Mevi nor Chotzetz (Ohalos 8:5). An object that is flying through the air, such as a bird or a Talis that is carried or caught up by the wind, is not an Ohel and is not Mevi or Chotzetz, even if it is one Tefach wide.

(f)TUM'AH RETZUTZAH - A space that is less than a Tefach in length, width and height, is not considered an Ohel. Tum'as Mes in such an area is called "Tum'ah Retzutzah" (smashed or squashed Tum'ah) or "Tum'ah Temunah" (hidden Tum'ah). Such Tum'ah does not spread throughout the enclosure, but is "Boka'as v'Olah, Boka'as v'Yoredes," i.e. it "breaks through" (Boka'as) the enclosure and goes straight up and straight down, as if it were in the open air. Similarly, if a grave has less than a Tefach of space between the body and the ceiling of the grave, the Tum'ah inside it is Tum'ah Retzutzah. The Tum'ah is Metamei everything that is above it within the boundaries of the Tum'ah (until it reaches something that is Chotzetz, thus keeping it inside an Ohel) and below it.

(g)Most graves have a space of a Tefach between the body and the ceiling of the grave (Berachos 19b). If the grave is completely sealed on all sides, it is called a "Kever Sasum." The Tum'ah inside it fills the entire Kever and is likewise Boka'as v'Olah, Boka'as v'Yoredes until something is Chotzetz above it. A grave that has an open space of a Tefach at the side is not a Kever Sasum, and the Tum'ah within it is prevented from rising above the ceiling of the grave (Ohalos 3:7). In this case, the Tefach above the body is Chotzetz.

16)[line 21] KIL'AYIM D'HARBA'AH (KIL'EI BEHEMAH)

(a)The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Many different types of forbidden mixtures can be referred to by the term "Kil'ayim." Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem (see Background to Bechoros 54:1), Kil'ei Zera'im (see Background to Chulin 114:25) and Harkavas ha'Ilan (see Background to Kidushin 39:23a:d). Two types of Kil'ayim apply to animals: Harba'ah (see below), and Charishah b'Shor va'Chamor (see next entry). One type of Kil'ayim applies to clothing: Sha'atnez (see Background to Menachos 39:5). (It is also prohibited to cook meat and milk together, but this is not referred to as "Kil'ayim.") Our Gemara refers to the Kil'ayim of Harba'ah and Charishah b'Shor va'Chamor.

(b)Harba'as Behemah refers to the prohibition of mating together any two different types of animals or birds (Bava Kama 54b), as the Torah states, "Behemtecha Lo Sarbi'a Kil'ayim" (Vayikra 19:19). One who intentionally transgresses this prohibition is liable to Malkus (lashes). Animals that are produced through Harba'as Behemah are permitted to be used (see Tosfos to Chagigah 2b DH Lisa).

17)[line 21] KIL'AYIM D'CHARISHAH

(a)Charishah b'Shor va'Chamor refers to the prohibition of doing any type of Melachah (work) with two different types of animals, as the Torah states "Lo Sacharosh b'Shor uva'Chamor Yachdav" (Devarim 22:10). Doing an act of driving or riding two different types of animals together is included in the definition of "Melachah." One who intentionally transgresses this prohibition is liable to Malkus.

(b)Some rule that the Torah prohibition applies to doing work with any two types of animals together (see Mishnah Kil'ayim 8:2 and Rishonim). The RAMBAM (Peirush ha'Mishnayos ibid., Hilchos Kil'ayim 9:7), however, rules that the Torah only prohibits doing work with one kosher and one non-kosher animal together, such as a bull and a donkey (Shor v'Chamor). The Rabanan prohibited doing work with any two types of animals, even if they are both kosher or both non-kosher.

18)[line 33]SHE'KINSO- that one gathers together

19)[line 37]GORERO- one may scrape it off

20)[line 39] D'IS BEI KASKASIM- [it refers to a case] in which there are fish scales in it

21)[line 42] AFILU MITZVAS PEROSH EIN BO- there is not even a Mitzvah mid'Rabanan to abstain from it

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