KERISUS 21 - This Daf has been dedicated l'Iluy Nishmas Rochel Rivkah bas Mattisyahu HaCohen, by her son-in-law, Ari Rosenstein of Ramat Beit Shemesh in honor of her Yahrzeit, on 11 Elul.

[22a - 46 lines; 22b - 39 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 22b [line 11]:

Should be corrected as suggested by Shitah Mekubetzes #4

[2] Gemara [line 19]:

Should be corrected as suggested by Shitah Mekubetzes #9, that Rashi's text of the Gemara did not include from the words "v'Rebbi Akiva Savar Ein Hekesh l'Mechetzah ..." ורבי עקיבא סבר אין הקיש למחצה until "d'Gemiri Mitzvos Mitzvos Afkei me'Hekeisha" דגמירי מצות מצות אפקי מהיקישא. (The reason for this is that it is not a Hekesh, since the two laws were not stated in the same verse. These lines also do not appear in Zevachim 48a.)

[3] Gemara [line 22]:

Should be corrected as suggested by Shitah Mekubetzes #11; this is also Rashi's Girsa.

[4] Gemara [line 30]:

Should be corrected as suggested by Shitah Mekubetzes #16; (there should also be a colon following the words "v'Im Safek") ואם ספק

[5] Gemara [line 32]:

Should be corrected as suggested by Shitah Mekubetzes #17

[6] Rashi 22b DH Hanicha l'Man d'Darish ד"ה הניחא למאן דדריש:

The words "Lo Itzterich Hekeisha" לא איצטריך היקישא

should be "d'Lo Itzterich Hekeisha" דלא איצטריך היקישא

*******************************************************

1)[line 5]חלב מהלכי שתיםCHALAV MEHALCHEI SHETAYIM- human milk (see Insights)

2)[line 9]אין חלב מהלכי שתים טמא אלא טהורEIN CHALAV MEHALCHEI SHETAYIM TAMEI ELA TAHOR- human milk is not forbidden but rather permitted

3)[line 22]מישרף שריףMISRAF SARIF- (O.F. humer - to suck in) [the heart] draws in [the blood after the Shechitah] (see Insights)

4)[line 23]דם הקזה שהנשמה יוצאה בוDAM HAKAZAH SHEHA'NESHAMAH YOTZ'AH VO- the life-blood that is let during the process of bloodletting. (Our Gemara explains which blood is considered the life-blood. It does not mean that the loss of this blood causes the person or animal to die; to the contrary, it is part of the normal process of bloodletting. Rather, this blood is the same type of blood as that which when let uncontrollably, causes the person or animal to die.)

5)[line 40]סיפראSIFRA- Toras Kohanim, one of the earliest commentaries on Vayikra, which, when stated anonymously, follows the opinion of Rebbi Yehudah b'Rebbi Ila'i. It is known as "Sifra d'Vei Rav," since: (a) students of every Beis Midrash ("Bei Rav") were well-versed in it (as opposed to the teachings of Rebbi Yishmael, which were known primarily by his personal students — RASHI to Chulin 66a); (b) it was written by the Amora named Rav (circa 220 C.E.), who collected the Beraisa'os that it contains (SEDER HA'DOROS citing the RAMBAM Hakdamah l'Zera'im, et al.)

6)[line 41]מעילהME'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 Asham Me'ilos (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."

22b----------------------------------------22b

7)[line 3]למדין עליון מתחתוןLEMEDIN ELYON MI'TACHTON

Lemedin Elyon mi'Tachton literally means we learn that which is above from that which is below. We learn the laws of that which is stated in the upper passage (Me'ilah, in the case of our Gemara) from what is stated in the lower passage (Asham Taluy) if the lower passage begins with a "Vav" (the word "and").

8)[line 6]צפון בבן בקר לא משכחת להוTZAFON B'VEN BAKAR, LO MISHKACHAS LEHU- the Torah states (Vayikra 1:11) that if one brings a sheep as a Korban Olah, it must be slaughtered in the northern half of the Azarah. In the previous passage (Vayikra 1:5), when the verse discusses a calf that is brought as an Olah, the verse does not mention that it must be slaughtered in the northern half of the Azarah. Nevertheless, since the two passages are linked by a connecting letter "Vav," we derive that the calf, too, must be slaughtered in the northern half of the Azarah.

9)[line 13]מיתהMISAH (KARES AND MISAH B'YEDEI SHAMAYIM: Heavenly Punishment of Untimely Death)

(a)Some sins are so severe that they are punished with untimely death. There are two types of untimely death that are used as heavenly punishments: Kares, and Misah b'Yedei Shamayim. Kares means "being severed" from the world and dying before one's time. Misah b'Yedei Shamayim means "death at the hands of heaven." These punishments are not administered by the courts, but through divinely administered justice.

(b)One who deliberately transgresses a commandment that is punishable with either Kares or Misah b'Yedei Shamayim is punished even if there are no witnesses to his act, and even if he was not warned at that time of his transgression that his violation will result in his untimely death.

(c)The Tif'eres Yisrael, in his commentary to Sanhedrin 9:6, lists a number of differences between Misah b'Yedei Shamayim and Kares:

1.One who is punished with Kares will die before age 60 (according to Moed Katan 28a, or before the age of 50, according to the Yerushalmi Bikurim 2:1). One punished with Misah b'Yedei Shamayim will die after the age of 60 but before his time has come (according to Moed Katan ibid., or before the age of 60, according to the Yerushalmi ibid.)

2.When one is punished with Kares, even his children (who are minors at the time of his sin) die, and he bears no further children. When one is punished with Misah b'Yedei Shamayim, only he is punished and not his children (Yevamos 55a and RASHI there; see, however, RIVA in Tosfos to Yevamos 2a DH Eshes, who maintains that Kares only involves the death of one's children in the two cases where the Torah adds the word "Ariri." However, he might be referring to the death of children who are not minors.)

3.Some add that when punished with Misah b'Yedei Shamayim, the sinner's cattle and possessions slowly expire until he is left destitute — see Insights to Yevamos 73:2 and Insights to Pesachim 32:2.

4.In addition to the above, in certain instances a form Kares is prescribed in which the sinner not only dies before his time but is also 'severed' (Nichras) from receiving a portion in the World to Come (see Sanhedrin 64b, 90b).

(d)As stated in the Tosefta at the beginning of Kerisus (cited in Sanhedrin 83a), nine sins are punishable with Misah b'Yedei Shamayim:

1.A Kohen who serves in the Mikdash ...without washing his hands and feet

2....or without wearing the Priestly Garments

3....or while intoxicated

4....or with long hair

5....or while Tamei, or even after immersing in a Mikvah from his Tum'ah but before nightfall (or after nightfall but before bringing the Korbanos he is required to bring - Sanhedrin ibid; however Rambam Bi'as Mikdash 4:4 exempts from Misah in such a case.)

6.A Kohen who is Tamei and eats Terumah that is Tahor

7.A non-Kohen ...who serves in the Mikdash

8....or who eats Terumah (or Bikurim - Mishnah Bikurim 2:1).

9.A person who eats Tevel (food that has not been tithed properly).

10.Rebbi (ibid.) adds two more sins that are punishable with Misah b'Yedei Shamayim:

i.A Kohen who serves in the Mikdash with a Mum

ii.A person who intentionally exploits Hekdesh for personal use.

(e)Additional sins punishable with Misah b'Yedei Shamayim are:

1.One who does not heed - or does not transmit - a prophetic command (Sanhedrin 89a).

2.According to some, a Levi or a Kohen who performs service in the Mikdash that has not been assigned to him (Erchin 11a according to Abaye; however Rambam in Sefer ha'Mitzvos Lo Sa'aseh #72 and Klei ha'Mikdash 3:11 exempts a Kohen from Misah b'Yedei Shamayim).

10)[line 15]קבועהKEVU'AH (KORBAN CHATAS KEVU'AH)

(a)If a person transgresses a sin b'Shogeg (unintentionally) for which he is liable to Kares b'Mezid (intentionally), he is liable to bring a Korban Chatas. The Korban Chatas is a female goat or sheep. Since it is one of the Kodshei Kodashim (the highest sanctity of sacrifices), it may only be slaughtered in the northern part of the Azarah. Before its slaughter, the owner presses his hands on the head of the animal (Semichah) and confesses his sin.

(b)The offering of the Chatas Behemah consists of five procedures:

1.SHECHITAH - Standing on the floor of the Azarah north of the Mizbe'ach, the Kohen slaughters the animal, making sure to cut two Simanim (the trachea and the esophagus).

2.KABALAS HA'DAM - A Kohen catches the life-blood of the animal in a utensil. The Eimurim (the fats and other parts of the Korban that are burned on the Mizbe'ach) are removed from the animal.

3.HOLACHAH - The Kohen walks with the blood up to the top of the Mizbe'ach.

4.NESINAS HA'DAM - Using his finger, the Kohen applies some of the blood to each of the four Keranos of the Mizbe'ach.

5.HAKTARAS HA'EIMURIM - The Eimurim are cast into the fire on the Mizbe'ach.

(c)The Sheyarei ha'Dam (the remainder of the blood) is poured onto the southern Yesod (foundation) of the Mizbe'ach ha'Chitzon. The Kohanim eat the rest of the Chatas Behemah in the Azarah.

(d)One always offers a female sheep or goat when one is obligated to bring a Korban Chatas. As such, it is called a Korban "Kevu'ah," as opposed to the Korban Oleh v'Yored (see next entry), which fluctuates based upon the means of the penitent.

11)[line 15]עולה ויורדOLEH V'YORED (KORBAN OLEH V'YORED)

(a)A person brings a Korban Oleh v'Yored to atone for sins in three specific cases: Shevu'as ha'Edus (see Background to Kerisus 12:7), Tum'as Mikdash v'Kodashav (see Background to Kerisus 2:10) and Shevu'as Bituy (see Background to Shevuos 2:1).

(b)What constitutes a Korban Oleh v'Yored varies based on the means of the penitent. If he is wealthy, he brings a female sheep or goat as his Korban Chatas (Korban Ashir). If he cannot afford this, he brings two Torim or two Benei Yonah, one as an Olah and one as a Chatas (Korban Oleh v'Yored b'Dalus). If he cannot even afford the birds, he brings one tenth of an Eifah of fine flour as a Minchas Chotei (Korban Oleh v'Yored b'Dalei Dalus). (Vayikra 5:6-13)

(c)The Minchas Chotei is not mixed with oil, and Levonah (frankincense) is not sprinkled on top of it (Vayikra 5:11). When a non-Kohen brings a Minchas Chotei, a Kometz of the flour alone is burned on the Mizbe'ach and the Kohanim receive the Shirayim (the rest of the flour, which they must eat before the following sunrise — RAMBAM Hilchos Ma'aseh ha'Korbanos 10:7).

12)[line 15]אין גזירה שוה למחצהEIN GEZEIRAH SHAVAH L'MECHETZAH (GEZEIRAH SHAVAH)

(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 Gezeirah Shavah, which is a Halachic device by which two similar words in the Torah from different subjects teach that laws from one subject apply to the other.

(b)A sage may use the method of Gezeirah Shavah only if he received a tradition from his teachers that a Gezeirah Shavah exists between the two words. However, the comparison that he makes regarding which laws are applied from one subject to the other may be his own, in the event that he did not learn this directly from his teachers.

(c)MUFNEH MI'SHENEI TZEDADIM - If two similar words in the Torah are free of any Derashah, they may be used unconditionally for the inference of a Gezeirah Shavah between the two topics.

(d)MUFNEH MI'TZAD ECHAD - If only one of the words is free, there is a Machlokes whether they may be used unconditionally for the inference of a Gezeirah Shavah ("Lemedin v'Ein Meshivin"), or if they can only be used for a Gezeirah Shavah if we have no logical argument against learning the Gezeirah Shavah ("Lemedin u'Meshivin").

(e)EINO MUFNEH KOL IKAR - If both words are used for another Derashah, there is a Machlokes whether they can only be used for a Gezeirah Shavah if we have no logical argument not to learn the Gezeirah Shavah, or if they cannot be used at all for a Gezeirah Shavah.

(f)If there are a few possible Halachos that the Gezeirah Shavah teaches, we learn them all ("Ein Gezeirah Shavah l'Mechetzah"). We do not say that it teaches us only one or two of the Halachos (unless we have an explicit teaching that excludes a specific Halachah).

13)[line 19]אשם בכסף שקליםASHAM B'CHESEF SHEKALIM (ASHAM TALUY)

If a person is in doubt whether or not he committed a transgression for which he must bring a Korban Chatas, he brings a Korban Asham Taluy, which is a ram worth two Sela'im ("Shekalim" of the Torah; Vayikra 5:17-19). If he later discovers that he did indeed sin, he must offer a Korban Chatas; the Asham Taluy only provides temporary atonement during the period of doubt (for further details, see Background to Kerisus 23:1).

14)[line 19]אין היקש למחצהEIN HEKESH L'MECHETZAH

(a)One of the methods that Chazal use for extracting the Halachah from the verses of the Torah is Hekesh, in which two subjects that are mentioned in a verse are compared. If there are a few possible Halachos that the Hekesh teaches, we learn them all ("Ein Hekesh l'Mechetzah"). We do not say that it teaches us only one or two of the Halachos (unless we have an explicit teaching that excludes a specific Halachah).

(b)Normal questions that can invalidate a Kal va'Chomer (see Background to Avodah Zarah 46:22) or a Gezeirah Shavah (see previous entry) will not invalidate a Hekesh ("Ein Meshivin Al ha'Hekesh").

(c)As recorded above (Girsa Section #2), the Shitah Mekubetzes #9 removes most of lines 19-21, since the method of Hekesh does not apply to our Sugya.

15)[line 27]חטאת בת דנקאCHATAS BAS DANKA- [he can even bring] a Chatas that is worth a Danka (a small Persian coin that has the value of a sixth of a Dinar)

16)[line 30]אשם שפחה חרופהASHAM SHIFCHAH CHARUFAH

(a)According to Rebbi Akiva (Kerisus 11a), a Shifchah Charufah is a Nochri woman who is half Shifchah (maidservant) and half free (e.g. she was owned by two partners and freed by one of them) who is Mekudeshes (betrothed) to a Jewish slave. Since she is half Shifchah her Kidushin is not complete, and if a man has relations with her they do not incur the death penalty. Rather, the man brings a Korban "Asham Shifchah Charufah," whether he sinned b'Mezid or b'Shogeg, and the Shifchah is punished with Malkus (Vayikra 19:20-22).

(b)Other Tana'im (ibid.) define Shifchah Charufah as a full-fledged Shifchah who is married to either a Jewish slave (Rebbi Yishmael, see RASHI to Yevamos 55b) or a Nochri slave (Acherim).

17)[line 34]חטאת העוףCHATAS HA'OF (CHATAS HA'OF HA'BA'AH AL HA'SAFEK)

(a)It is prohibited to offer an animal as a sacrifice when its obligation is in question, since it is possible that we will be slaughtering, offering, or eating Chulin ba'Azarah.

(b)Unlike other Korbanos, a Chatas ha'Of is not slaughtered nor is it offered on the Mizbe'ach. Instead, Melikah is performed upon it and its blood is sprinkled on the Mizbe'ach. Therefore, it may be offered (but not eaten) even when its obligation is not certain. For example, if it is unclear whether a woman gave birth to a fully formed child or not, she may bring, out of doubt, a bird as a Chatas in order to permit her to eat Kodshim. The bird, however, is not eaten.

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