[40a - 29 lines; 40b - 55 lines]

1)[line 4]ניתי עשה ונדחה ל''תNEISI ASEH V'NIDCHES LO SA'ASEH (ASEH DOCHEH LO SA'ASEH)

(a)When the fulfillment of a Lo Sa'aseh (prohibition) would prevent one from fulfilling a Mitzvas Aseh (positive commandment), the Aseh is able to "push aside" the Lo Sa'aseh. For example, if one wishes to wear a four-cornered linen garment, then the prohibition of Sha'atnez (see Background to 14:31) should prohibit one from attaching woolen threads to it. However, the Mitzvah of Tzitzis includes the attachment of woolen threads dyed with Techeles (a turquoise-colored dye) to any four-cornered garment. The Mitzvas Aseh of Tzitzis therefore overrides the Lo Sa'aseh of Sha'atnez.

(b)Tana'im disagree as to the source of this Halachah. Some understand that the proximity of the Mitzvah of Tzitzis and the Isur of Sha'atnez - which are commanded in adjacent verses (Semuchin) - serves as an indication that the Mitzvah of Tzitzis overrides the Isur of Sha'atnez (Yevamos 4a). Others derive it from other sources (see Yevamos 5a, as well as Nazir 41a and 58a).

(c)This rule does not always apply. Exceptions discussed by the Gemara include:

1.A Lo Sa'aseh punishable by Kares (Yevamos 3b);

2.An action prohibited by both a Lo Sa'aseh and an Aseh (Chulin 141a);

3.A case in which the Aseh is accomplished only after the Lo Sa'aseh is transgressed (Shabbos 133a; see also NIMUKEI YOSEF to Bava Metzia 33a);

4.If it is possible to accomplish the Aseh without transgressing the Lo Sa'aseh, such as through performing the Aseh in differently or at a different time (Yevamos 20b; see also TOSFOS YESHANIM to Shabbos 25a and RASHBA to Yevamos 4b).

(d)Possible exceptions discussed by the Rishonim include:

1.A Mitzvas Aseh accomplished by one individual through a Lo Sa'aseh transgressed by two individuals;

2.An action prohibited by two Mitzvos Lo Sa'aseh (TOSFOS to Yevamos 3b DH Lo Sa'aseh);

3.An action prohibited by a Lo Sa'aseh and an Aseh elsewhere, even when it is currently prohibited by only a Lo Sa'aseh (TOSFOS to Kidushin 34a DH Ma'akeh).

(e)The question in our Gemara is whether the Aseh of "v'Lo Siheyeh l'Ishah" (Devarim 22:29) overrides the Mitzvos Lo Sa'aseh that prohibit one from marrying specific women such as a Mamzeres or a Nesinah.

2)[line 11]בשיטת ר''ע רבוB'SHITAS REBBI AKIVA RABO- that is, the opinion of Rebbi Akiva of the Mishnah (Daf 38a)

3)[line 20]טובינא דחכימיTOVINA D'CHAKIMEI- the most praiseworthy of the scholars

4)[line 25]ואימא חמשים סלעים אמר רחמנאV'EIMA CHAMISHIM SELA'IM AMAR RACHMANA MI'KOL MILEI- and perhaps you should say that the fifty Sela'im (Shekalim) that the Torah obligates in the cases of Ones and Mefateh include all of these payments (and do not refer to the Kenas alone)

5a)[last line]נוקב מרגליותNOKEV MARGALIYOS- [a jeweler] who pierces gems

b)[last line]עושה מעשה מחטOSEH MA'ASEH MACHAT- [a tailor] who sews

40b----------------------------------------40b

6a)[line 3]בעל שלימהBA'AL SHELEIMAH- one who had relations with a virgin she'Lo k'Darkah

b)[line 3]בעל פגומהBA'AL PEGUMAH- one who had relations k'Darkah with a woman who previously had had relations only she'Lo k'Darkah

7)[line 14]אמהAMAH

A destitute father, under certain circumstances, may sell his daughter into servitude to a Jewish master as long as she is a minor. The sale is for a period of six years or until she becomes a Gedolah (when two pubic hairs grow after she enters her 12th year) or until the Yovel year (the year after seven Shemitah cycles), whichever comes first. During this period she is called an "Amah ha'Ivriyah."

8)[line 18]ממונא מאיסורא לא ילפינןMAMONA ME'ISURA LO YALFINAN- we cannot derive the Halachos regarding monetary cases (who owns what) from Halachos that apply to Isur v'Heter (what is permitted and what is not)

9)[line 45]א''ק נערהAMAR KERA NA'AR- the Torah wrote the word Na'arah missing the final "Heh" (as Nun Ayin Reish)

10)[line 46]מבי כלוחיתMI'BEI KELUCHIS- from Bei Keluchis, a place in Bavel

11)[line 49]המוציא שם רעHA'MOTZI SHEM RA (NA'ARAH HA'ME'URASAH)

See Background to 11:14.

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