1)
(a)The Mishnah now discusses a case where a witness/witnesses testifies that one ate Cheilev, which ...
1. ... be'Meizid is subject - to Kareis, and ...
2. ... be'Shogeg - to a Chatas.
(b)A person must bring a Chatas if they - (even one witness [See Tosfos Yom Tov]) told him that he ate Cheilev be'Shogeg - provided he does not contradict them (See Tosfos Yom Tov, end of previous DH).
(c)If one ...
1. ... witness claims that he ate Cheilev and one claims that he didn't (See Tosfos Yom Tov) or if one ...
2. ... woman claims that he ate Cheilev and one woman claims that he didn't - he brings an Asham Taluy.
(d)And if he denies the testimony of one witness who claims that he ate Cheilev (See Tosfos Yom Tov) - he is Patur.
2)
(a)Rebbi Meir obligates a person who denies the testimony of two witnesses that he ate Cheilev to bring a Chatas - because if two witnesses can bring a person to the death-sentence, then they should certainly be able to bring him to a Chatas!
(b)The Chachamim disagree with him - seeing as he can claim that he did it on purpose (See Tosfos Yom Tov).
3)
(a)The Tana obligates a person who eats Cheilev twice be'Shogeg to bring only one Chatas - provided he does so in one He'elam (without remembering the Isur in between).
(b)However, if he eats Cheilev, blood, Pigul and Nosar in one He'elam - he will be Chayav four Chata'os.
(c)He is Chayav two Chata'os in the earlier case if he transgresses them in two Ha'alamos, based on the principle - 'Ha'alamos Mechalkos.
(d)The former case is more stringent than the latter one - there where he eats less than a k'Zayis each time (which combine in the former to make up the Shi'ur but not in the latter [See Tosfos Yom Tov]).
4)
(a)According to Rebbi Meir, in order to be Chayav, one must eat the two half-k'Zeisim of the same Isur within the time it takes to eat the same volume of roasted wheat-kernels. He will be Chayav even if he takes all day to finish them however - if he chews them slowly without stopping in the middle.
(b)The Shi'ur the Chachamim give in order to be Chayav is - a 'K'dei Achilas P'ras from beginning to end ...
(c)... even if he does not stop in the middle.
5)
(a)The word 'P'ras' means - a piece (a half, in this case).
(b)According to some commentaries, it is the volume of half a loaf of an Eiruv which comprises three loaves to a Kav. Each loaf comprises according to ...
1. ... most commentaries - four k'Beitzim
2. ... the Rambam - three (See Tosfos Yom Tov).
(c)In the Machlokes Tana'im, the Halachah is - like the Chachamim.
6)
(a)In order to become Pasul from eating Terumah, a Kohen ...
1. ... must eat half a P'ras of Tamei food.
2. ... drink a Revi'is (a quarter of a Log) of a Tamei beverage.
(b)The equivalent Din regarding someone who enters the Beis-ha'Mikdash be'Tum'ah (See Tosfos Yom Tov) is that - he is Chayav Kareis (See also Tiferes Yisrael).
(c)The additional condition required by the Tana to render the Kohen Pasul regarding T'rumah and Chayav regarding serving in the Beis-ha'Mikdash is that - he remains there for at least a k'dei Achilas P'ras.
7)
(a)Rebbi Eliezer declares a Kohen Patur, even if he has fulfilled the two above requirements - if he drinks the Revi'is of wine in two gulps (and not in one) or if he adds even a drop of water to it.
(b)How does he learn it from the Pasuk in Shemini "Yayin ve'Sheichar al Teisht" - which implies that, to be Chayav, the Kohen must drink the wine in a way that inebriates ('Yayin Derech Shikruso').
(c)Rebbi Eliezer will concede that the Kohen is Chayav even if he drinks the wine in two gulps - if he drinks more than a Revi'is.
(d)The Halachah is - like Rebbi Eliezer.
8)
(a)The Mishnah obligates a Tamei who eats be'Shogeg Cheilev which is also Nosar of Kodesh on Yom Kipur (See Tosfos Yom Tov) to bring - four Chata'os (See Tosfos Yom Tov) ...
(b)... as well as - an Asham Me'ilos, because he benefited from Hekdesh be'Shogeg.
(c)The problem we initially have with this ruling is - based on the principle 'Ein Isur Chal al Isur' (that a new Isur cannot take effect on an existing one).
(d)An example of 'Ein Isur Chal al Isur' regarding someone who eats a non-Kasher animal is - that he is not Chayav for eating Neveilah.
(e)The sinner is nevertheless subject to all five Korbanos on the basis of 'Isur Kolel and Isur Mosif, which take effect on an existing Isur.
9)
(a)An Isur ...
1. ... Kolel is - where the second Isur adds other items to the list of Isurim.
2. ... Mosif is - where it adds a fresh Isur on to the first one that was not there previously.
(b)
1. Tum'ah is an Isur Kollel, when added to the Isur of Cheilev (even though it was Asur anyway) - since it takes effect on the rest of the Kodshim animal.
2. Nosar is an Isur Mosif, when added to that of Cheilev, even though it was Asur anyway - since it forbids the piece to be given to Hash-m as well.
(c)The Isur of ...
1. ... Yom Kipur takes effect on the Cheilev and the Nosar, even they were forbidden anyway - because it causes Chulin food to become forbidden on the sinner (Kollel).
2. ... Me'ilah be'Kodshim takes effect on the pieces that preceded it - because it adds an Isur Hana'ah on to the pieces that, until now, were only Asur to be eaten (Mosif).
10)
(a)Rebbi Meir adds to the list - where it is Shabbos and the sinner walks into the street eating it (See Tosfos Yom Tov).
(b)In spite of the fact that he is anyway Chayav because of Yom Kipur, and in spite of the principle 'Ein Isur Chal al Isur', he will also be Chayav because of Shabbos - since the Isur of eating on Yom Kipur and that of carrying on Shabbos come into effect simultaneously.
(c)The Chachamim object to this however - in that the Tana is talking exclusively about the Isur of eating and not of carrying.
11)
(a)The Mishnah obligates a person who has relations with his daughter who is also his sister, his brother's wife and his father's brother's wife to whom she is still married, during the time that she is a Nidah to bring - six Chata'os.
(b)The woman will be both ...
1. ... his daughter and also his sister - if she was born from a relationship with his mother.
2. ... his brother's wife, and his father's brother's wife - if she was married first to his brother and after he died (See Tosfos Yom Tov), his uncle married her.
(c)'Ein Isur Chal al Isur' does not apply to the Isurim of daughter and sister - since they took effect simultaneously.
(d)Despite the fact that she is a Mamzeres, the Kidushin of the uncle takes effect (even if he is not himself a Mamzer) - because the Isur of Mamzeres is only a plain La'av, and the Kidushin of Chayvei La'avin takes effect Bedieved (See also Tosfos Yom Tov).
12)
(a)The Isur of Eishes ...
1. ... Achiv takes effect, in spite of the fact she was already forbidden to her father because of Av - since, when she married the uncle, she became Asur to all his brothers (Isur Mosif).
2. ... Achi Aviv take effect, seeing she was already Asur because of Av and Eishes Ach - for the same reason.
(b)He is also Chayav because of ...
1. ... Eishes Ish - since the Kidushin to his brother rendered her Asur to everybody else (Isur Mosif [See also Tosfos Yom Tov]).
2. ... Nidah - because it rendered her Asur even to her husband (Isur Mosif).
13)
(a)Now the Mishnah discusses the case of a man who has relations with his daughter's daughter who also became his daughter-in-law - when his son married her (See Tosfos Yom Tov).
(b)She will also be his ...
1. ... wife's sister - if he was married to his son-in-law's sister (See Tosfos Yom Tov).
2. ... brother's wife - if his brother married her after the death of his son.
(c)The Tana adds that she is also the wife of his paternal uncle - who married her after his son died and to whom she is still married, and a Nidah.
14)
(a)Rebbi Yossi adds an additional Chiyuv, where 'the old man' - the sinners father married her ...
(b)... in which case the sinner is also Chayav - because of 'Eishes Av' (See Tosfos Yom Tov).
(c)The father's Kidushin is effective, despite the fact that she is Eishes Achiv - in a case where the father's brother, who was married to her first, died and she fell to the father for Yibum ...
15)
(a)Despite the fact that the father did not transgress the Isur of Eishes Ach, the Tana uses the expression 'Avar ha'Zakein' - because he transgresses the Sheniyah (the secondary Isur de'Rabbanan) of his son's granddaughter and daughter-in-law.
(b)Nor is the Kidushin not effective on account of the Isur of daughter-in-law, having obligated his son because of his brother's wife - since it is his son's maternal brother whose wife the son married (the wife of his stepson), not the wife of his son.
(c)In spite of the fact that the sinner is already forbidden to the woman because of Bas Bito, the new Isur of Eishes Av is an Isur Mosif - assuming the father has another son (See Tosfos Yom Tov DH 'Rebbi Yossi Omer'), to whom she became forbidden when he married her.
16)
(a)Finally, when the Tana says that the same applies to someone who has relations with his ...
1. ... wife's daughter, he means that - he can transgress all the same Isurim as the ones that he does with his own daughter.
2. ... wife's daughter's daughter, he means that - he can transgress all the same Isurim as the ones that he does with his own daughter's daughter.
(b)The case of his wife's ...
1. ... daughter who is also his sister is - where he married (be'Heter) the woman that his father raped or seduced and from whom he (the father) had a daughter.
2. ... daughter's daughter who is also his wife's sister - where his wife's father had relations with her daughter and they bear a daughter, who is both his wife's granddaughter and her sister.
17)
(a)The Mishnah now discusses a case of a man's mother-in-law who is also his daughter-in-law (See Tosfos Yom Tov), his wife's sister, his brother's wife and a Nidah. If Shimon has relations with his daughter and they give birth to a daughter whom Reuven marries - the mother becomes both his (Reuven's) mother-in-law and his wife's sister.
(b)In the event that Reuven's son marries her - she also becomes his daughter-in-law.
(c)The Isur first, of Eishes Achiv and then of Eishes Achi Aviv then falls into place - if Reuven's son dies or divorces her and Reuven's brother marries her, and then, when he dies or divorces her, she marries his father's brother.
(d)For the Isur of Eishes Ish (and Nidah) to take effect, he, in turn, needs to die or to divorce her and she becomes married to somebody else (See Tiferes Yisrael, note 35, 7).
(e)If Reuven now has relations with her - he transgresses all of the above-mentioned Isurim.
18)
(a)The Tana now rules that if Reuven has relations with the mother of his mother-in-law or of his father-in-law - he will transgress the same seven Isurim as in the previous case, and will therefore be obligated to bring the same seven Korbanos.
(b)The former case (of his mother's mother-in-law) begins with Lavan having relations with Dinah, the daughter of his daughter Le'ah, from whom they have a daughter (Serach), and with Dan marrying Serach. Should Dan have relations with Le'ah, he will transgress - the Isur of Eim Chamoso and Achos Ishto.
(c)If Le'ah then marries Dan's son, the Isur of - Kalaso will be added to the list.
(d)For the Isurim of Eishes Achiv, Eishes Achi Aviv and Eishes Ish (and Nidah) to take effect, too - she will need to marry - first, Dan's brother, and then, his paternal uncle.
19)
(a)The latter case (of his father's mother-in-law) begins with Reuven having relations with his grandmother (the wife of Lavan (his grandfather) from whom they have a daughter (Dinah) whom Dan marries. Should Dan have relations with Le'ah, he will transgress - the Isur of Eim Chamiv and Achos Ishto.
(b)For Dan to transgress Eishes Achiv, Eishes Achi Aviv and Eishes Ish (and Nidah) - the same procedure will need to take place as in the previous case (of Eim Chamoso).
20)
(a)Rebbi Yochanan ben Nuri cites a case where a person must bring three Chata'os for having relations with his mother-in-law - Chamoso, Eim Chamoso and Eim Chamiv.
(b)The case is where Lavan's wife has two daughters (Rachel and Le'ah) and a son (Asher), who has a daughter (Serach). Yishmael marries Rachel, Serach and Yocheved, Le'ah's daughter. He will have to bring three Korbanos - if he has relations with Lavan's wife.
(c)The Chachamim disagree with Rebbi Yochanan ben Nuri - because, they say, Chamoso, Eim Chamoso and Chamiv are all learned from the same Pasuk, in which case, he will only be Chayav to bring one Chatas.
(d)The Halachah is - like the Chachamim.
21)
(a)When Rebbi Akiva asked Rabban Gamliel and Rebbi Yehoshua the following question, they were standing - in the butchery of the town of Am'um ...
(b)... where they were buying an animal for the wedding-feast of Rabban Gamliel's son.
(c)He asked them whether, if someone has relations with his sister who is also the sister of his father and his mother in one He'elam - he transgresses one Isur or three.
(d)'In one He'elam' means - that he forgot about the Isurim before sinning and did not remember between one transgression and the next.
(e)The case begins with Reuven having relations with his mother, from whom he has two daughters, with one of whom he has relations and who bears him a son - who then has relations with his mother's sister (See Tosfos Yom Tov).
22)
(a)Rabban Gamliel and Rebbi Yehoshua initially answered that - they do not know.
(b)What they did know however, was the Din concerning someone who has relations with his five wives who are all Nidos - and who is Chayav five Chata'os.
(c)He transgresses the La'av (in Kedoshim) of - "le'Nidah Lo Sikrav".
(d)And if one is Chayav five Chata'os, even though it is the same La'av - Kal va'Chomer is one Chayav for each La'av in the case of Achoso, she'Hi Achos Aviv va'Achos Imo (which are three different La'avin).
23)
(a)The Kal va'Chomer is flawed however - inasmuch as the case of the Nidos refers to five different women (Gufim Mechulakim'), whereas in the case in question, it is one and the same woman.
(b)We ultimately learn from the Pasuk there "Ervas Achoso Gilah" - which is superfluous (since the Torah has already written "ve'Ish asher Yikach es Achoso ... " ...
(c)... that the sinner is Chayav for each Isur.
24)
(a)Rebbi Akiva also asked Rabban Gamliel and Rebbi Yehoshua about 'Eiver ha'Meduldal' - the limb of an animal that is mostly detached but still slightly attached.
(b)Whereas an Eiver min ha'Chai (a limb that is detached from a live animal is Metamei - like a Neveilah, an Eiver min ha'Meis (one that is detached from a dead animal) is Metamei - like a Meis.
(c)Consequently, Rebbi Akiva's She'eilah was - whether an Eiver ha'Meduldal is considered Eiver min ha'Chai (despite the fact that it is still slightly attached) or not.
(d)Here too, they answered that they did not know the answer directly, but they derived it - from the case of lepers who came to Yerushalayim to bring their Korban Pesach.
25)
(a)The doctors in Yerushalayim used to - tie the loose limbs of the lepers who came to them on Erev Pesach to thorns that were still attached to the ground.
(b)The lepers would then pull away from the thorns, leaving their detached limbs sticking to the thorns.
(c)Rabban Gamliel and Rebbi Yehoshua learned that an Eiver ha'Meduldal does not have the Din of Eiver min ha'Chai - from the fact that both the lepers and the doctors subsequently brought the Korban Pesach (a proof that the limbs did not render them Tamei).
(d)The lepers avoided becoming Tamei as they (inevitably) touched the limb after it became detached - by pulling away from the thorns with force.
(e)And they learned the Din of Eiver ha'Meduldal by an animal from Eiver ha'Meduldal by a human-being - from a Kal va'Chomer (See Tosfos Yom Tov [from the fact that, unlike a human-being, an animal is not subject to Tum'ah whilst it is still alive]).
26)
(a)Rebbi Akiva asked Rabban Gamliel and Rebbi Yehoshua further concerning someone who Shechts five Kodshim animals outside the Azarah in one He'elam - whether he is Chayav one Chatas for all the animals, or one Chatas for each one.
(b)In this case too, they did not have a direct answer, and in this case too, Rebbi Yehoshua learned it from another Halachah, from a case of someone who eats a Korban that is cooked in five different ways (ba'Chamishah Tamchuyin [See Tosfos Yom Tov]) - before the blood was sprinkled ...
(c)... in which case - he is Chayav an Asham Me'ilos for each dish.
(d)Rebbi Yehoshua learned the answer to Rebbi Akiva's She'eilah from there - from a Kal va'Chomer, from the fact that whereas in the case of Me'ilah, all the dishes came from the same animal, in the case of Shechutei Chutz, there are five animals.
27)
(a)According to Rebbi Shimon, Rebbi Akiva asked a different She'eilah, to which Rebbi Yehoshua gave the same answer. The She'eilah cannot have been about someone who Shechted five Kodshim animals - because then Rebbi Yehoshua could not have learned the answer from the Din of eating ...
(b)... which is more stringent since one derives benefit from it.
(c)in fact, the She'eilah was - whether someone who eats Nosar of five different animals is Chayav one Chatas or five.
28)
(a)Rebbi Akiva accepted Rebbi Yehoshua's ruling - provided he learned from his Rebbes (but not if he learned it from the Kal va'Chomer that he mentioned).
(b)The Chumra that pertains to Me'ilah that does not pertain to eating Nosar in connection with ...
1. ... eating is that - if Reuven gives Shimon Hekdesh to eat is Mo'el just like he would be if he ate it himself.
2. ... Hana'ah is that - the same will apply if he hands Shimon a Hekdesh article that is not edible, to benefit from (See Tosfos Yom Tov).
(c)The third Chumra that pertains to Me'ilah but not to Nosar is that - if someone who benefits from half a P'rutah of Hekdesh today and from another half-P'rutah in a year's time, the two halves combine and he is Chayav.
(d)We do not know whether Rebbi Yehoshua accepted Rebbi Akiva's objection or not.
(e)The Halachah regarding ...
1. ... someone who eats five different dishes of one Nosar animal is that - he is only Chayav one Chatas.
2. ... Tamchuyin is that - they do not divide the Isur into separate Chata'os neither Lehakel nor Lehachmir (See Tosfos Yom Tov DH 'ba'Chamishah Tamchuyin ... ').
29)
(a)Rebbi Akiva asked Rebbi Eliezer - whether someone who performs many Melachos that are like one Melachah on many Shabbasos in one He'elam is Chayav one Chatas for all of them or whether he is Chayav for each one.
(b)By 'many Melachos that are like one Melachah' he meant that - he transgressed a number of Toldos of the same Av.
(c)He saw fit to mention many Shabbasos as well as many Toldos - because he was really asking two She'eilos at the same time.
30)
(a)If, in the previous She'eilah, the sinner transgressed them all on the same Shabbos, the second She'eilah was - where he transgressed one Av Melachah on many Shabbasos ...
(b)... be'Zadon Shabos ve'Shig'gas Melachos ...
(c)... and the She'eilah was - whether the Shabbasos in between are automatically considered a Yedi'ah (to render him Chayav for each time he transgressed (even though he did not remember that the Melachah that he transgressed is Asur).
(d)We might not apply here the principle that the days themselves are considered knowledge to divide the Shabbasos (as we do in the case of Shig'gas Shabbos ve'Zadon Melachos) - because, if he did not learn about the Melachos, how can we expect him to remember them?
31)
(a)Rebbi Eliezer resolved Rebbi Akiva's She'eilah from the same case of Nidah as we cited earlier (that of a man who had relations with five Nidos ...
(b)... who is Chayav a Korban for each one ...
(c)... Kal va'Chomer Shabbos (in both of Rebbi Akiva's She'eilos), where there are many Toldos and many Misos (See Tiferes Yisrael).
(d)Rebbi Akiva refuted the Kal va'Chomer - in that Nidah is more stringent than Shabbos, seeing as the woman is Chayav like the man ...
(e)... which we learn from the Pasuk in Kedoshim "ve'Nichr'su ha'Nefashos ha'Osos ... " - which is written in the plural, indicating that she is Chayav too (See Tosfos Yom Tov).
32)
(a)Rebbi Akiva refuted Rebbi Eliezer's answer that we can learn the Kal va'Chomer from someone who ...
1. ... has relations with five Nidos Ketanos in one He'elam - inasmuch as even though the Ketanah may not be subject to a punishment now, she will be when she grows up.
2. ... commits bestiality five times with an animal in one He'elam (See Tosfos Yom Tov) in that we do not know what the Din there id either. Consequently, the same She'eilah will apply there as in the case of Shabbos.
(b)Rebbi Akiva finally holds that if the sinner performs ...
1. ... one Melachah on many Shabbasos or performs ...
2. ... many Toldos of one Av on one Shabbos - is a She'eilah as to how many Chata'oss he has to bring, which remains unanswered.
(c)The Halachah is - not like Rebbi Eliezer.