[41a - 38 lines; 41b - 48 lines]

1)[line 1] LO ALSAH B'YADO ELA RAGZENUSA- he has gained nothing but [weakness as a result of his] anger

2)[line 2] MAT'IMIM OSO MI'FRI MA'ASAV- he is given to taste of the fruits of his actions; i.e., he garners reward in kind

3)[line 3] DUR HANA'AH MIMENU- forswear benefit from him

4)[line 4]"[ , ,] ""... UV'MOSHAV LETZIM LO YASHAV"- "[Praiseworthy is he who has not followed the advice of the wicked, who has not stood upon the path of sinners,] and who has not sat in a company of scoffers" (Tehilim 1:1).

5)[line 5] MOSHAVO MOSHAV LETZIM- his company is one of scoffers [since, lacking knowledge of anything of value, with what else will he occupy his time?]

PEREK #2 HA'ISH MEKADESH

6)[line 7]BI'SHELUCHO - - using an agent (SHELICHUS)

(a)One may perform a Ma'aseh Kinyan (act of acquisition or an act that results in a change in status) such as the purchase or sale of an object, marriage, or divorce through a Shali'ach (agent). This entails appointing the Shali'ach to act on his behalf with regard to that matter. Chazal explain that "Shelucho Shel Adam k'Moso" "One's agent is like himself" (Mishnah, Berachos 34b). This means that any actions taken by the Shali'ach that fall within the realm of his appointment are considered to have been taken by the one who sent him.

(b)In the case of Kidushin, one need not hand the money or document directly to she whom he wishes to betroth. He may appoint a Shali'ach to bring the Kidushin to her and betroth her in his stead. Such a Shali'ach is termed a "Shali'ach l'Holachah." A woman may also appoint a "Shali'ach l'Kabalah" to receive Kidushin from he who wishes to betroth her (or his Shali'ach). In the case of a Shali'ach l'Kabalah, she is betrothed as soon as her Shali'ach receives the Kidushin.

7)[line 8] HA'ISH MEKADESH ES BITO KESHE'HI NA'ARAH - [The Ways in Which a Young Girl may be Married] (KIDUSHEI KETANAH)

(a)Until a girl reaches the age of physical maturity, her father may marry her to a groom of his choosing. This marriage is as valid as one in which a woman who is of age consents to marry a man of her own choosing.

(b)If such a girl is subsequently divorced or widowed before she reaches the age of maturity, or if her father died before marrying her off, then the Chachamim allowed her mother and/or oldest brother to marry her off. Such a marriage, however, is valid only mid'Rabanan. In this case she must understand the concept of marriage, which may not occur until she is ten years old and cannot occur at any younger than six years of age. The RAMBAM and the RA'AVAD maintain that if such a girl gets married on her own, it constitutes a valid marriage mid'Rabanan.

(c)When a young girl is married mid'Rabanan, she has the option of rejecting the marriage. At any point until she reaches Halachic maturity (i.e., until she becomes a Na'arah), she may declare in front of two witnesses, "I do not want him." This procedure is termed Mi'un (refusal), and through it her marriage is retroactively annulled. A Get (a bill of divorce) is unnecessary in Mi'un. A girl who was married off by her father cannot annul her marriage through Mi'un.

8)[line 12] MACHRICH REISHA- would roast (lit. scorch) the head [of an animal in honor of Shabbos]

9)[line 12] MALACH SHIBUTA- would salt a Shibuta fish (likely a mullet)

10)[line 13]B'HA- in this [case of our Mishnah when one is able to betroth a woman himself and instead chooses to do so through a Shali'ach]

11)[line 16] DAVAR MEGUNEH- that which is unappealing [to him]

12)[line 22] AVAL B'HA ISURA LEIS BAH- but in this [case in which a woman appoints a Shali'ach to accept Kidushin on her behalf] there is no prohibition [that she has transgressed] (although if he who wishes to betroth her has never met her, then he has transgressed a prohibition)

13)[line 23] TAV L'MEISAV TAN DU MIL'MEISAV ARMELU- (a woman's attitude is presumed to be that) it is better to be part of a couple (even with a husband who is not particularly desirable) than to sit as a widow. This is a social desire, and does not mean that a woman is presumed to be satisfied with such a husband (see Kesuvos 75a).

14)[line 30]"""V'SHILACH"- [from that which the Torah wrote regarding divorce] "[... and he shall write for her a document of severance and place it in her hand] and send [from his house]" (Devarim 24:1). The word in this verse is "v'Shilchah." The entire word is extraneous, since the Torah could simply have stated "... and divorce her." From that which a word whose root is that of "sending" is utilized, we derive that a man may divorce his wife through a Shali'ach.

15)[line 31]"""V'SHILCHAH"- [from that which the Torah wrote] "and send her [from his house]" (Devarim 24:1). The letter "Hei" in the word "v'Shilchah" has a Mapik (dot in the middle), which causes the word to mean "and he sends her." Since the "Hei" is extraneous, however, we are able to read it as if it had no Mapik, in which case it would mean "and she sends."

16)[line 32]"" """V'SHILACH" "V'SHILCHAH"- a) [from that which the Torah wrote the word] "v'Shilchah" [when] "v'Shilach" [or even a word that does not refer to sending would have sufficed for a second time (Devarim 24:3)] (RASHI); b) [from] the extra "Vav" of the word "v'Shilchah" (see RABEINU CHANANEL cited by TOSFOS DH v'Shilach)

17)[line 34] YALIF MI'GERUSHIN (BINYAN AV)

(a)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of them is called "Binyan Av" or "Mah Matzinu" ("just as we have found"). A Binyan Av literally "building through a father" refers to establishing a certain law in one area of the Torah, and then applying it to other comparable circumstances.

(b)Two sections of the Torah may be compared only if there is no logical argument against comparing the two sections. If such an argument, known as a "Pircha," exists, then the Binyan Av may not be applied.

18)[line 35] YESHNAN BA'AL KORCHAH- they may be put into effect against her will [and it may therefore be easier to do so through an agent as well]

19)[line 35]" [; ] [ ]""V'YATZ'AH [MI'BEISO; V'HALCHAH] V'HAYESAH [L'ISH ACHER]"- "And if she shall go out [of his house, and go] and marry [another]" (Devarim 24:2). From that which divorce ("v'Yatz'ah") and marriage ("v'Hayesah") are mentioned together in one verse, we derive through a Hekesh (see next entry) that their Halachos are comparable unless specified otherwise.

20)[line 36]MAKISH (HEKESH)

(a)One of the methods employed by Chazal when determining Halachah from the verses of the Torah is "Hekesh." A Hekesh entails comparing two subjects that are mentioned together in one verse or neighboring verses.

(b)A Hekesh is a powerful way of determining Halachah. When two subjects are compared through a Hekesh, all possible parallels are drawn between them, unless a different Derashah teaches us otherwise ("Ein Hekesh l'Mechetzah"). Additionally, Pirchos (logical differences) that would impede a Kal va'Chomer (see Background to Avodah Zarah 46:22) or a Gezeirah Shavah (see Background to Yevamos 70:26) do not stand in the way of learning one subject from another through a Hekesh ("Ein Meshivin Al ha'Hekesh").

21)[line 36] MESHAVI SHALI'ACH- he may appoint an agent

22)[line 37]TEROM (TERUMAH GEDOLAH)

(a)After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Terumah is one of the twenty-four Matnos Kehunah (gifts given to Kohanim by non-Kohanim). Although the Torah does not specify how much to give, the Rabanan set the requirement at one fortieth, one fiftieth, or one sixtieth of the total crop, depending on the generosity of the landowner. Until Terumah and Ma'asros (tithes) have been properly separated, produce is termed "Tevel" and may not be eaten.

(b)Terumah must be eaten by Kohanim or their wives, unmarried daughters, and Nochri slaves, when they are Tehorim. If the wife of a Kohen is not herself the daughter of a Kohen, she may eat Terumah only as long as her husband or at least one of their joint descendants is alive (Vayikra 22:11, Bamidbar 18:11; see Nidah 44a).

(c)It is apparent from the Mishnah (Terumos 4:4) cited by our Gemara that one may appoint a Shali'ach to separate Terumah on his behalf.

23)[line 37] K'DA'AS BA'AL HA'BAYIS- according to [his knowledge of] the preference of the landowner [regarding giving a fortieth, fiftieth, or sixtieth of the total crop]

41b----------------------------------------41b

24a)[line 1] PICHES ASARAH- a) [if he gave one part Terumah for every] ten [parts] fewer [of produce] (i.e., one out of every forty) (RASHI); b) [if he gave] less [to the Kohen by separating one part Terumah per] ten [parts more of produce] (i.e., one out of every sixty) (second explanation cited by TOSFOS DH Piches)

b)[line 2] HOSIF ASARAH- a) [if he gave one part Terumah for every] ten [parts] more [of produce] (i.e., one out of every sixty) (RASHI); b) [if he gave] more [to the Kohen by separating one part Terumah per] ten [parts fewer of produce] (i.e., one out of every forty) (second explanation cited by TOSFOS DH Piches)

25)[line 2]?MINALAN?- what is the source [that one may appoint a Shali'ach to separate Terumah on his behalf]?

26)[line 3]CHOL- non-sanctified (as opposed to Terumah, which has a certain degree of Kedushah)

27)[line 3] , ""; " "AMAR KRA, "ATEM"; "GAM ATEM"- [instead of stating, "So shall] you [lift up an offering to HaSh-m from all your tithes..."] the verse states, "[So shall] you also [lift up an offering to HaSh-m from all your tithes...]" (Bamidbar 18:28). This verse describes the separation of Terumos (see above, entry #22).

28)[line 5] NEISU HANACH V'NIGMERU MINEI- let us bring those [concepts of Kidushin and Gerushin] and derive [that which Shelichus is effective in carrying] them [out] from [that which the Torah allows a Shali'ach to separate Terumah]

29)[line 6] YESHNAH B'MACHSHAVAH - The Designtion of Terumah through Thought

(a)Regarding the separation of Terumah (see above, entry #22), the verse states, "v'Nechshav Lachem Terumaschem..." - "And your Terumah shall be considered for you..." (Bamidbar 18:27). Chazal homiletically interpret this verse to mean that one may designate Terumah through thought alone.

(b)This derivation clearly teaches that if one designates a specific area of a pile of produce as that from which he will separate Terumah in the future, he may eat from the other part even before physically separating the Terumah. There is a question of whether or not it also implies that one may designate Terumah non-verbally. TOSFOS (to Bechoros 59a DH b'Machshavah) explains that RASHI mentions both possibilities; Tosfos himself sides with those who rule that Terumah need not be designated verbally.

30)[line 7] CHABURAH SHE'AVAD PISCHAH - the group that lost [the animal designated as] its Pesach sacrifice (MINUY L'KORBAN PESACH)

(a)When the Beis ha'Mikdash stands, every adult Jew is obligated to offer a Korban Pesach on the afternoon of the fourteenth of Nisan (Shemos 12:6). The Korban Pesach consists of an unblemished male lamb or goat within its first year. The Korban may be slaughtered in any part of the Azarah (see Zevachim 56b).

(b)The body of the Korban is roasted in its entirety, and is eaten after nightfall together with Matzah and Maror. The Korban must be eaten within the walls of Yerushalayim (Zevachim 56b).

(c)In order to eat from the Korban Pesach, one must be appointed to the Korban before it is slaughtered. Enough people are appointed to each Pesach that, assuming that each eats as expected, it will be finished that evening (Shemos 12:4). Appointment to a Korban Pesach is referred to as "Minuy." A person may be granted a portion in or withdraw his share from a Korban Pesach until it is slaughtered (Pesachim 89a).

(d)The Korban is sacrificed on behalf of those who were appointed for that specific animal. The appointees eat their shares of the Pesach together in a group, or "Chaburah." No one may belong to more than one Chaburah, nor may he eat his share of the Pesach in more than one place. Therefore, if one partook of a k'Zayis of his Pesach once nightfall the time that one may fulfill his obligation to eat from the Korban arrives, he may no longer eat from that Korban Pesach elsewhere, even in the presence of his Chaburah.

(e)The Mishnah cited by our Gemara discusses a Chaburah that lost its Korban Pesach before the time had arrived for its slaughter.

31)[line 8]BAKESH- search

32)[line 9] HEN LAKCHU V'SHACHATU- [the remaining members of the Chaburah] purchased [a different animal] and slaughtered [it as their Korban Pesach]

33)[line 10]?MINALAN?- what is the source [that one may appoint a Shali'ach to sacrifice a Korban on his behalf]?

34)[line 11] YALIF ME'HANACH- we may derive it from those [concepts of Gerushin and the separation of Terumah, which can be accomplished through Shelichus]

35)[line 11] ETZEL KODASHIM- relative to the sanctity of sacrifices

36)[line 14]"... ""... V'SHACHATU OSO KOL KEHAL ADAS YISRAEL BEIN HA'ARBAYIM"- "... and the entire assembly of the congregation of Yisrael shall slaughter it toward evening" (Shemos 12:6). This verse refers to the offering of the Korban Pesach.

37)[line 17]ECHAD- one [representative - whether a member of the Chaburah or a Kohen - per Pesach]

38)[line 20] " ROV MA'ASEIHEN AL YEDEI SHALI'ACH- most of their actions (namely, the actual offering of sacrifices with the possible exception of their slaughter, which may be performed by a non-Kohen) are performed through an agent [who is a Kohen]

39)[line 21] TEISI CHADA MI'TARTEI - let one [Halachah] be derived from [the common denominator of the other] two (TZAD HA'SHAVEH)

(a)When attempting to derive Halachos through a Binyan Av/Mah Matzinu, the Gemara sometimes invalidates the derivation due to a Pirchah (logical argument; see above, entry #17). In such a case, the Gemara will sometimes attempt to reestablish the Mah Matzinu through a "Yochi'ach"/"Tochi'ach (fem.)." Literally a proof, this involves showing that the Halachah that we wish to apply is in effect in a third section of the Torah -- one to which the Pirchah is not applicable.

(b)Usually, the Gemara will respond with a second Pirchah, this time one that draws a distinction between the Yochi'ach and the target of the Mah Matzinu. If this Pirchah does not apply to the first attempted source, then it itself becomes the Yochi'ach.

(c)The Gemara then forms a "Mah ha'Tzad" or "Tzad ha'Shaveh" - a common denominator. This involves finding a property shared by the two prospective sources, aside from the Halachah that we wish to derive. We may then conclude that since the target subject shares the common denominator, the Halachah in question applies to it as well.

(d)The terminology of the Gemara in such a situation is "v'Chazar ha'Din" the ruling returns [back and forth]; "Lo Re'i Zeh k'Re'i Zeh" this comparison is unlike the first and vice versa; but the "Tzad ha'Shaveh" the common denominator teaches us that the derivation is valid. This process can continue, with the Gemara asking a Pirchah upon the common denominator and attempting to introduce yet a third comparison that will solidify the Tzad ha'Shaveh.

40)[line 25] YESHNAN B'MACHSHAVAH- they may be designated through thought. This applies to Terumah, as the Gemara mentioned above (see above, entry #29), as well as sanctifying Korbanos or anything else to Hekdesh. If one pledges an item to Hekdesh in his thoughts, the Gemara (Shevuos 26b) derives (from Divrei Hayamim II 29:31) that it is transferred to the domain of Hekdesh.

41)[line 28] BNEI BRIS- lit. members of the covenant; Jews

42)[line 32]GET- a bill of divorce

43)[line 33] EINO B'TORAS GITIN V'KIDUSHIN- he is excluded from the realm of divorce and marriage; i.e., he is Halachically unable to effect a marriage or divorce for himself. So, too, it should be apparent even without the extra word "Gam" that a Nochri cannot act as a Shali'ach to carry out a Mitzvah in which he is not obligated.

44)[line 34] BAR HEITEIRA- one who is permitted [to marry a Jewish freewoman (such that he could conceivably divorce her)]

45)[line 37]KUSI

(a)The King of Ashur brought the people of Kusa to Eretz Yisrael and settled them in the Shomron. They converted to Judaism after they found themselves under attack from lions (Melachim II 17:24-41). The Chachamim disagree as to whether their conversion was an honest and valid one, or whether it was prompted only by feelings of self-preservation and the Kusim remained Nochrim.

(b)After the times of the Mishnah, they were found worshipping an image of a dove. At that point, the Chachamim unanimously gave them the status of Nochrim (Chulin 6a).

46)[line 37]SHE'TARMU- who separated Terumah (see above, entry #22) [from their own produce]

47)[line 37] TERUMASAN TERUMAH- their Terumah has the status of Terumah [such that a non-Kohen may not eat it]

48)[line 39]MEDAMA'AS - [is subject to the rules of] mixture of Terumah and Chulin (MEDUMA)

(a)The Rabanan decreed that Terumah (see above, entry #22) accidentally mixed with Chulin (food from which Terumos and Ma'asros have been separated) in such a manner that it is impossible to differentiate between them is Batel (nullified) only when the proportion of Chulin to Terumah is at least 100:1. When Terumah is Batel in such a manner, the mixture may be eaten by a non-Kohen only after the equivalent of the amount of Terumah that was lost is removed and given to a Kohen.

(b)If the proportion of Chulin to Terumah in the mixture is less than 100:1, it is known as Meduma or Dimu'a (lit. mixed), and non-Kohanim may not eat it. (According to TOSFOS to Chulin 99a DH Ein, this law applies only when the Terumah is the same type of food as the Chulin; if the Terumah and Chulin were two distinct foods, then Terumah is Batel in a majority just as most other Isurim are.)

(c)The Tana Kama of the Mishnah cited by our Gemara maintains that Terumah separated by a Nochri from his own produce causes the status of Dimu'a when it falls into less than 100 times its volume of Chulin.

49)[line 40] CHAYAVIN ALEHA CHOMESH - is liable for reparations [made by a non-Kohen for the consumption of Terumah] (TASHLUMEI TERUMAH)

(a)Should a non-Kohen consume Terumah (see above, entry #22) unknowingly, he must make restitution with a food item (Vayikra 22:14). That item, called Tashlumei Terumah, becomes Terumah upon its designation as repayment. The Keren (principle) must be paid to the Kohen who owned the Terumah (see Insights, Pesachim 32). In addition, he is fined a Chomesh (one fifth) of the ensuing total, which is equal to one fourth of the Terumah eaten. This may be given to any Kohen (Terumos 6:2).

(b)If the Terumah was ingested in an abnormal fashion (e.g., olive oil was quaffed instead of used as a dip), then the non-Kohen need only pay as he would for damage caused (Nezek). He need not add a Chomesh.

(c)A non-Kohen who eats or benefits from Terumah b'Mezid (intentionally) does not repay the Kohen with a food item; he makes restitution with money. He is also exempt from paying a Chomesh. He is, however, liable to receive Misah b'Yedei Shamayim (Sanhedrin 83a; see Background to Yevamos 3:27).

50a)[line 42] LO ARISIN- a sharecropper may not [tithe the produce of the landowner without permission]

b)[line 42] LO SHUTFIN- [one] partner may not [tithe the produce of his partner without permission]

c)[line 43] LO APOTROPIN- a steward appointed to represent the interests of the orphans may not [tithe the produce of orphans without permission]

d)[line 43] LO HA'TOREM ES SHE'EINO SHE'LO- one may not tithe produce that does not belong to him [without permission]. This is either a) the general rule that explains the reason for the previous three Halachos, or b) a general ruling that is obvious from the three previous rulings.

51)[line 45] L'REBBI YEHOSHUA BEN KARCHAH- according to [the opinion of] Rebbi Yehoshua ben Karchah [who derives that which a Shali'ach may slaughter a Korban on behalf of another from the verse of "V'Shachatu..." (see above, entry #36)]

52)[line 47] ?MINA LAN?- what is the source [that one may appoint a Shali'ach to sacrifice a Korban on his behalf]?

53)[last line] KOL YISRAEL KULAN YOTZ'IN B'FESACH ECHAD- every member of Klal Yisrael may fulfill his Mitzvah of Korban Pesach (see above, entry #30) with a single Pesach [as members of a single Chaburah, even though there is not enough meat for each to have a k'Zayis]. Although one has not fulfilled the Mitzvah of eating the Korban Pesach with less than a k'Zayis, the derivation of Rebbi Yochanan teaches that as long as the Korban was offered on one's behalf, he has fulfilled his obligation b'Di'eved even without partaking of it.

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