12th CYCLE DEDICATION

KERISUS 23 - dedicated by Rabbi Kornfeld's father in memory of his aunt, Malka Gitel bas Reb Yakov Mordechai (Malvina Marmorstein), who took him into her home and raised him like her own child after the Holocaust. Her Yahrzeit is 20 Nisan.

[23a - 53 lines; 23b - 38 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] Mishnah 23a [line 15] (the part dealing with Chatichas Chelev חתיכת חלב and Chatichas Kodesh חתיכת קודש in the words of Rebbi Yosi):

"Chatas v'Asham Echad" חטאת ואשם אחד

The word "Echad" אחד is unnecessary (and was printed by mistake, copying the Seifa) and is not found in the Mishnayos

[2] Rashi 23a DH Chatas Achas ד"ה חטאת אחת:

(a) The words "uv'Tenai ked'Perishis" ובתנאי כדפרישית are the end of this Dibur.

(b) The next Dibur ha'Maschil should be

"v'Ein Sheneihem Mevi'in Chatas Achas" ואין שניהם מביאין חטאת אחת followed by the words "Aval Asham Taluy Maisi" אבל אשם תלוי מייתי (Ben Aryeh, based on the Bartenura)

[3] Rashi DH Zeh Meivi ד"ה זה מביא:

Should be corrected as suggested by Shitah Mekubetzes #11

[4] Rashi DH v'Neisi Asham Vadai ד"ה וניתי אשם ודאי:

The words "Bahadei Asham v'Chatas" בהדיה אשם וחטאת

should be "Bahadei Shalosh Chata'os" בהדיה שלש חטאות (Chok Nasan; Rashash)

[5] Rashi DH b'Gasah ד"ה בגסה:

Should be corrected as suggested by Shitah Mekubetzes #16

[6] Rashi DH Kulya b'Chelbah ד"ה כוליא בחלבה:

The words "v'a'Nosar Mishum Kulya" ואנותר משום כוליא

should be "v'Nosar Mishum Kulya" ונותר משום כוליא

[7] Gemara 23b [line 21]:

Should be corrected as suggested by Shitah Mekubetzes #6

[8] Rashi 23b DH d'Ha Rebbi ד"ה דהא רבי:

Should be corrected as suggested by Shitah Mekubetzes #12

[9] Rashi DH Eino Chen ד"ה אינו כן:

The words "Lo Peligei d'Rabanan" לא פליגי דרבנן

should be "Lo Peligei Rabanan" לא פליגי רבנן

[10] ibid.:

The words "a'Daita d'Chatas" אדעתא דחטאת

should be "a'Daita d'Cheit" אדעתא דחטא

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1)[line 37]חתיכה משתי חתיכותCHATICHAH MI'SHTEI CHATICHOS - one of two pieces (ASHAM TALUY: CHATICHAH MI'SHTEI CHATICHOS)

(a)Certain Tana'im, including Isi ben Yehudah, rule that a person is only obligated to bring an Asham Taluy (see Background to Kerisus 22:13) if there are "two pieces, one of which was eaten" ("Chatichah mi'Shtei Chatichos"). For example, if a person ate one out of two pieces of fat, where one was Shuman (permitted fat) and the other was Chelev (forbidden fat), and he later found out that he may have eaten the forbidden piece, he has to bring an Asham Taluy. If he has a doubt whether one piece of fat that he ate was Shuman or Chelev, he does not bring an Asham Taluy.

(b)Other Tana'im, including Rebbi Akiva, rule that even in the latter case he brings an Asham Taluy. (The Gemara (Daf 17b-18a) mentions three possible reasons why only a situation of Chatichah mi'Shtei Chatichos obligates a person to bring an Asham Taluy.)

2)[line 43]וליתי נמי אשם ודאיV'LEISI NAMI ASHAM VADAI- that is, in the case where one person ate both pieces of Chelev (SHITAH MEKUBETZES #15)

3a)[line 47]בגסהB'GASAH- [he ate] a large portion

b)[line 48]בדקהB'DAKAH- [he ate] a small portion

4)[line 49]איסור חל על איסורISUR CHAL AL ISUR

See Background to Kerisus 14:2.

5)[line 50]אכל כוליא בחלבהACHAL KULYA B'CHELBAH- he ate a kidney with its fat

6)[line 51]איסור עוליןISUR OLIN

Isur Olin is the prohibition to eat things that are meant to be offered on the Mizbe'ach.

23b----------------------------------------23b

7)[line 15]פיגולPIGUL

(a)A sacrifice that was slaughtered (or any of the other three main actions involved in offering a sacrifice: Kabalas ha'Dam, Holachas ha'Dam, Zerikas ha'Dam — see Background to Menachos 2:18) with the intention of eating it or offering it Chutz li'Zemano (after its allotted time) becomes disqualified. Similarly, a Minchah that was offered with intentions of offering it (i.e. doing one of its essential Avodos) or eating it after its allotted time becomes disqualified.

(b)It is forbidden to eat such a Korban, as the verse states, "v'Im He'achol Ye'achel mi'Besar Zevach Shelamav ba'Yom ha'Shelishi, Lo Yeratzeh, ha'Makriv Oso Lo Yechashev Lo, Pigul Yiheyeh" - "If [the person offering the sacrifice plans] to eat it on the third day, [the sacrifice] will not be accepted. It is considered Pigul (putrid, rejected) and it will not be counted in his favor" (Vayikra 7:18).

(c)If a person eats a k'Zayis of Pigul b'Mezid (intentionally) after Hasra'ah (being forewarned), he is punished with Malkus (lashes); the Lav for eating Pigul is learned from the verse of the Milu'im (Shemos 29:34). If he was not given Hasra'ah, he is Chayav Kares. If he eats it b'Shogeg (unintentionally), he must bring a Korban Chatas (as with all sins for which one is liable to Kares b'Mezid). (SEFER HA'CHINUCH Mitzvah #144)

(d)Rebbi Shimon rules that the laws of Pigul do not apply to the parts of the Korbanos that are offered on the Mizbe'ach.

8)[line 21][וקסבר] ולדי קדשים בהוייתן יהו קדושים(D'KASAVREI) [V'KASAVAR] VELADEI KODSHIM B'HAVAYASAN YEHU KEDOSHIN- the Gemara means (as we are told in Chulin 74b) that the Isur of Chelev takes effect only after an animal is born. Since the Isur of Hekdesh takes effect at the same time (according to this opinion), both Isurim can take effect (see next entry).

9)[line 21]ולדי קדשים בהוייתן יהו קדושיםVELADEI KODSHIM B'HAVAYASAN YE'HU KEDOSHIN

There is an argument as to whether the offspring of animals of Kodshim become themselves sanctified when they emerge from their mother's womb ("b'Havayasan"), or whether they become sanctified as soon as they are formed in the womb ("b'Me'ei Iman").

PEREK #6 HA'MEVI ASHAM

10)[line 26]נדבהNEDAVAH (KAYITZ HA'MIZBE'ACH)

(a)In many places the Gemara states that when certain items are sold (e.g. Kodshim that became unfit to offer on the Mizbe'ach) their value is designated as a Nedavah ("v'Yiplu Demeihem l'Nedavah"), a contribution towards a Korban. This money is used to purchase Korbenos Tzibur (offerings brought by the entire people) and not Korbenos Yachid (personal Korbanos). A person may also volunteer money as a Nidvas Tzibur. In both cases, the money is placed in one of the six Shofaros (collection boxes) that are kept in the Mikdash and is used to buy Korbenos "Kayitz ha'Mizbe'ach" to be sacrificed as Korbenos Olah (burnt offerings) when the Mizbe'ach is not otherwise in use (Shekalim 6b).

(b)RASHI (Sukah 56a DH Kayitz) explains that these offerings are called "Kayitz," because they were like a "dessert" to the Mizbe'ach ("Kayitz" refers to cut figs, a common dessert food).

11)[line 30]שור הנסקלSHOR HA'NISKAL

(a)The term Shor ha'Niskal refers to any animal or bird that is stoned to death by Beis Din. Such an animal is Asur b'Hana'ah after the death sentence is issued. One of the instances of Shor ha'Niskal is an animal that killed a person, as described in Shemos 21:28-31 and in Sanhedrin 2a (see also Background to Kidushin 56:8).

(b)Only if two witnesses saw the incident is the animal stoned by Beis Din and Asur b'Hana'ah. If only one witness saw it, or if there were no witnesses but the owner told Beis Din of the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be brought as a Korban.

(c)Our Mishnah refers to an animal about which it became known that it had not been involved in any wrongdoing.

12)[line 31]עגלה ערופהEGLAH ARUFAH

(a)If a Jew is found murdered in a field (in Eretz Yisrael) and it is not known who the murderer is, the Torah requires that an Eglah Arufah be brought in order to atone for the blood that was spilled (Devarim 21:1). The procedure is as follows:

(b)Five elders (according to the opinion of Rebbi Yehudah, which is the Halachah) of the Beis Din of the Lishkas ha'Gazis (the Jewish Supreme Court) measure the distance between the dead body and the cities around it to determine which city is closest to it.

(c)The elders of the city that is closest to the corpse must bring a female calf that has never been worked (see Background to Bava Metzia 30:12:b) to a Nachal Eisan (a swiftly flowing stream - RAMBAM Hilchos Rotze'ach 9:2; a valley with tough soil - RASHI). They strike it on the back of its neck (Arifah) with a cleaver, severing its spinal column, gullet and windpipe. This calf is the "Eglah Arufah" and becomes Asur b'Hana'ah.

(d)The elders of the closest city then wash their hands there and say, "Our hands have not spilled this blood, and our eyes did not see [the murder]" (Devarim 21:7). This includes a proclamation that the dead man was not sent away from the city without the proper food for his journey or the proper accompaniment. The Kohanim that are present say, "Atone for Your people Yisrael whom You have redeemed, HaSh-m, and do not place [the guilt for] innocent blood in the midst of Your people, Yisrael" (ibid. 21:8). After this procedure, HaSh-m will grant atonement for the innocent blood that was spilled (RAMBAM Hilchos Rotze'ach 9:3).

(e)Our Mishnah refers to a case where the identity of the murderer was discovered before the process of Arifah was performed.

13)[line 34]מתוך שלבו נוקפו, גומר ומקדישMITOCH SHE'LIBO NOKFO, GOMER U'MAKDISH- since his conscience bothers him, he consecrates it conclusively

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