[57a - 54 lines; 57b - 57 lines]
1)[line 1]כדתניאKED'TANYA- as we learned in a Beraisa [that there is an opinion who gave up deriving Halachos from the word "Es"]
2)[line 1]שמעון העמסוני ואמרי לה נחמיה העמסוניSHIMON HA'AMSUNI, V'AMREI LAH NECHEMYAH HA'AMSUNI- Shimon of Amson, and some say it was Nechemyah of Amson (an ancient settlement). According to the Yerushalmi (Berachos 9:5 and Sotah 5:5), Shimon (or Nechemyah) ha'Amsoni learned under Rebbi Akiva for twenty-two years. Hence, we find in this Beraisa an example of a Rebbi taking over the abandoned work of his student.
3)[line 4]פירשPIRESH- he withdrew
4a)[line 10]"כפרה" כתיב בה"KAPARAH" KSIV BAH- "atonement" is written regarding it (see Devarim 21:8)
b)[line 10]כקדשיםK'KODSHIM- similar to that which is sanctified [from which one may not derive benefit lest he transgress the prohibition of Me'ilah (see Background to 53:29)]
5a)[line 11]מכשיר ומכפר (מ)בפניםMACHSHIR U'MECHAPER (MI)BI'FNIM- that which enables [one to eat Korbanos] (such as the Korban Asham offered by a Metzora and the Korban Chatas offered by a Zav, Zavah, and Yoledes - see Background to Yoma 55:17) and that which atones (such as all other Korbenos Chatas and Asham, which are offered by sinners) [which must be offered] inside [the Beis ha'Mikdash]
b)[line 12]מכשיר ומכפר (מ)בחוץMACHSHIR U'MECHAPER (MI)BA'CHUTZ- that which enables [one to eat Korbanos] (such as the birds instrumental to the Taharah process of a Metzora) and that which atones (such as the Eglah Arufah) [whose process takes place] outside [of the Beis ha'Mikdash]
6)[line 13]עשה בו מכשיר כמכפרASAH BO MACHSHIR K'MECHAPER- [the Torah] equated that which enables to that which atones [in that all Korbenos Asham and Chatas are offered equally]
7a)[line 17]משעת שחיטהMI'SHE'AS SHECHITAH- from the time of [its] slaughter [a) it becomes Asur b'Hana'ah (while the bird which goes free never becomes Asur) (RASHI); b) both birds become Asur b'Hana'ah (although the other bird later becomes Mutar when it is sent away) (TOSFOS DH mi'Sha'as)
b)[line 17]משעת לקיחהMI'SHE'AS LEKICHAH- from the time of [their] purchase [or designation as Tziporei Metzora]
8)[line 20]["קיחה" "קיחה"] מעגלה ערופה נפקא["KICHAH" "KICHAH"] ME'EGLAH ARUFAH NAFKA - we derive it from the topic of Eglah Arufa [utilizing the common word "Kichah"] (GEZEIRAH SHAVAH)
(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 these is Gezeirah Shavah, in which two identical words (or two words that share the same root) that appear in two different sections of the Torah reveal that the Halachos applicable to one section apply to the other and vice versa.
(b)One may apply a Gezeirah Shavah only if he has received a tradition from his teachers that such a connection between the two words exists. Once the connection is established, however, then one may derive Halachos that were not specified in the tradition.
(c)A Gezeirah Shavah is unlimited; one may not pick and choose which Halachos he would like to apply. This facet of a Gezeirah Shavah is termed "Ein Gezeirah Shavah l'Mechetzah." This rule is waived in the case of an explicit teaching that precludes the application of a specific Halachah.
(d)There are three possible configurations of a Gezeirah Shavah:
1.MUFNEH MI'SHNEI TZEDADIM - If both words are seemingly unnecessary and are not used in the derivation of any other teaching, then all of the rules described above apply.
2.MUFNEH MI'TZAD ECHAD - If the word in only one of the sections is available, some maintain that Halachos may be derived from such a Gezeirah Shavah only if there is no argument against comparing the two sections. This status is known as "Lemedin u'Meshivin." Others rule that such a Gezeirah Shavah is no more limited than one that is Mufneh mi'Shnei Tzedadim.
3.EINO MUFNEH KOL IKAR - If neither word is free, then those who maintain that a Gezeirah Shavah that is Mufneh mi'Tzad Echad is unlimited grant such a Gezeirah Shavah the status of Lemedin u'Meshivin. Those who applied the status of Lemedin u'Meshivin to a Gezeirah Shavah that is Mufneh mi'Shnei Tzedadim rule that this one may not be used to determine any Halachos whatsoever.
(e)Reish Lakish maintains that there is a Gezeirah linking Tziporei Metzora to Eglah Arufah through the root of "Kichah" - taking. The Torah instructs the elders of the city closest to the corpse to "take" the Eglah (Devarim 21:3), and the Kohen to "take" two birds for the Metzora (Vayikra 14:4).
9)[line 22]גבולGEVUL- (in this context) a specific point
10)[line 23]נסבין חבריאNASVIN CHEVRAYA- the Talmidim of the Yeshiva are inclined
11)[line 23]ירידתה לנחל איתן היא אוסרתהYERIDASAH L'NACHAL EISAN HI OSARTAH- the point at which it descends into the Nachal Eisan (see Background to 56:20:c)
12)[line 27]גבול אחרינאGEVUL ACHRINAH- a different point [that is mentioned in the Torah (TOSFOS DH Mi)]
13)[line 29]"כָּל צִפּוֹר טְהֹרָה תֹּאכֵלוּ""KOL TZIPOR TEHORAH TOCHELU"- "You may eat every kosher bird" (Devarim 14:11). The word "Kol" is seemingly extraneous.
14)[line 30]המשולחתHA'MESHULACHAS- the [bird] that is sent away (see Background to Kidushin 56:21)
15)[line 30]"וְזֶה אֲשֶׁר לֹא תֹאכְלוּ מֵהֶם...""V'ZEH ASHER LO SOCHELU ME'HEM..."- "And these are those among them that you should not eat..." (Devarim 14:12). The word "Asher" is seemingly extraneous.
16)[line 35]נמצאת טריפהNIMTZES TEREIFAH- the bird was found to be one that was not kosher due to a condition that will cause it to die within the year [since (the Gemara at this point assumes) a) it was slaughtered improperly (RASHI); b) the small intestines were pierced (TOSFOS DH Shachatah)]
17)[line 35]יקח זוג לשניהYIKACH ZUG L'SHENIYAH- he should take [another bird as] a pair for the second [bird that will be sent away]
18)[line 37]אמאי מותרת בהנאה?AMAI MUTERES B'HANA'AH?- why is it permitted to derive benefit from it [after it is found to be a Tereifah]? [It may have not have been a Tereifah when it was purchased, in which case nothing occurred to permit it!]
19)[line 38]בבני מעיהBI'VNEI ME'EHA- in its innards in such a way that it was clearly born a Tereifah (i.e., it had no liver; TOSFOS DH Shachatah)]
20a)[line 40]אזובEZOV- a hyssop branch (see Background to 56:20:c)
b)[line 40]עץ ארזETZ EREZ- cedar wood (see Background ibid.)
c)[line 41]שני תולעתSHENI TOLA'AS- a thread of scarlet-dyed wool (see Background ibid.)
21)[line 41]הוקצה למצותהHUKTZAH L'MITZVASAH- it had been designated for its Mitzvah
22)[line 44]שחיטה שאינה ראויה שמה שחיטה / לא שמה שחיטהSHECHITAH SHE'EINAH RE'UYAH SHMAH SHECHITAH / LO SHMAH SHECHITAH - Whether or Not a Slaughter that does not Complete a Mitzvah is Considered a Slaughter
(a)A required act of Shechitah (ritual slaughter) that does not fulfill its purpose for reasons other than the validity of the slaughter is termed a "Shechitah she'Einah Re'uyah." (An improperly performed Shechitah is not an act of Shechitah at all.)
(b)Such a situation is one in which one of the Tziporei Metzora is slaughtered properly, but without other necessary materials. Rebbi Yakov rules that since the bird had been designated as one of the Tziporei Metzora, it becomes Asur b'Hana'ah even though it does not contribute to the Taharah of the Metzora. Rebbi Shimon maintains that sine the slaughter does nothing for the Metzora, it does not render the bird Asur b'Hana'ah either.
(c)This is not to be confused with a different type of Shechitah she'Einah Re'uyah, which refers to a proper act of Shechitah that does not permit the animal to be eaten (see Background to 58:11).
23)[line 47]דתנא דבי ר' ישמעאל...D'TANA D'VEI REBBI YISHMAEL...- Earlier, the Gemara proved from this teaching that Tziporei Metzora are Asur b'Hana'ah. Now, it explains that according to Reish Lakish, this teaching of the Yeshivah of Rebbi Yishmael also includes that which the Isur of Hana'ah begins when the Tziporei Metzora are still alive (see also Insights).
24)[line 53]איפוך אנא?V'EIPOCH ANA?- [how do we know not to] switch it around [and derive that the bird that is slaughtered becomes permitted and that which is sent away forbidden]?
25)[last line]לא מצינו בעלי חיים שאסוריםLO MATZINU BA'ALEI CHAYIM SHE'ASURIM- we have not found live animals that are forbidden [forever]
26a)[line 1]מוקצהMUKTZAH- an animal that has been physically (as opposed to verbally) designated as an offering to Avodah Zarah
b)[line 1]נעבדNE'EVAD- an animal that has been worshipped as Avodah Zarah
27)[line 2]לגבוהL'GAVO'AH- [it is to be offered as Korbanos] to HaSh-m
28)[line 3]רובע ונרבע בעדיםROVE'A V'NIRBA B'EDIM - Animals that had Relations with a Human
(a)A Rove'a (male animal) or Nirba (female animal) that had relations with a human is stoned (Vayikra 20:15-16; Sanhedrin 2a). The owner of these animals may not receive any benefit from his animal once the death sentence has been issued.
(b)Such animals are put to death both so that others not sin with them in a similar manner, and so as to avoid disgracing previous sinners by reminding all who see them of the sin that had been committed (Sanhedrin 54a).
(c)These animals are sentenced only if there are two witnesses to the act. If there is only one witness, or if there are none but its owner notified Beis Din of the incident, then the animal is neither stoned nor Asur b'Hana'ah. It is, however, unfit to be offered as a Korban.
29)[line 5]לא מצינו רוב בעלי חיים שאסוריםLO MATZINU ROV BA'ALEI CHAYIM SHE'ASURIM- we have not found that most live animals that are forbidden [forever, and it is therefore reasonable that the verse referring to birds that may be eaten includes the live bird that was sent away]
30a)[line 10]ביפוB'YAFO- within [the wall of the city of] Jaffa [which borders the coast]
b)[line 10]בגבתB'GAVAS- within [the wall of the city of] Gavas [which borders the desert]
31)[line 12]כל שעומד בעירKOL SHE'OMED BA'IR- anyone who stands in the city. The verse specifies that the bird must be cast away from within the city walls (Vayikra 14:53). TOSFOS (DH Kol) points out that since a Metzora may not step foot into the city before his Taharah process is complete, it must an agent of his who actually performs this part of the process.
32)[line 15]לא אמרה תורה "שלח" לתקלהLO AMRAH TORAH "SHILACH" L'TAKALAH- [it is] not [reasonable that] the Torah said "send away [the live bird to the field]" (Vayikra 14:7) as a stumbling block [for people who may trap it and benefit from it]. According to Rava, that which the Gemara earlier derived from the verse of "Kol Tzipor..." is merely an allusion.
33)[line 16]"[כָּל יְמֵי נֶדֶר נִזְרוֹ, תַּעַר לֹא יַעֲבֹר עַל-רֹאשׁוֹ...] קָדֹשׁ יִהְיֶה; גַּדֵּל פֶּרַע שְׂעַר רֹאשׁוֹ""[KOL YEMEI NEDER NIZRO, TA'AR LO YA'AVOR AL ROSHO...] KADOSH YIHEYEH; GADEL PERA SE'AR ROSHO"- "[For all of the days of the vow of his Nezirus, a razor should not pass upon his head; until the days that he has separated himself for HaSh-m are complete] he shall be holy, the hair of his head should be left to grow" (Bamidbar 6:5).
34)[line 17]גידולו יהיה (קדוש) [קודש]GIDULO YIHEYEH (KADOSH) [KODESH]- (the Gemara rereads the verse to say) his growth of hair shall be sanctified [such that it is Asur b'Hana'ah]
35a)[line 19]מי קרינן "קודש"?MI KARINAN "KODESH"?- do we read [the word in the verse (which is spelled without a "Vav") as] "Kodesh" [which implies that it has a sanctified status which can be removed]?
b)[line 20]"קדוש" קרינן"KADOSH" KARINAN- we [rather] read "Kadosh" [which implies that it is sanctified in such a way that its status cannot be removed]
36)[line 23]לאחר עריפהL'ACHAR AFIRAH- after it is cleaved (see Background to 56:23)
37)[line 25]"לֹא תְבַשֵּׁל גְּדִי בַּחֲלֵב אִמּוֹ" ג"פ"LO SEVASHEL GEDI BA'CHALEV IMO" SHELOSHAH PE'AMIM- [the Torah writes] "do not cook a young lamb in its mother's milk" three times (Shemos 23:19, 34:26, and Devarim 14:21)
38)[line 32]"וְאַנְשֵׁי קֹדֶשׁ תִּהְיוּן לִי; [וּבָשָׂר בַּשָּׂדֶה טְרֵפָה לֹא תֹאכֵלוּ, לַכֶּלֶב תַּשְׁלִכוּן אֹתוֹ]""V'ANSHEI KODESH TIHEYUN LI; [U'VASAR BA'SADEH TEREIFAH LO SOCHELU, LA'KELEV TASHLICHUN OSO]"- "And you shall be holy men to Me; [do not eat meat that was torn in the field, you should rather cast it to the dogs]" (Shemos 22:30). As the dogs referred to in this verse may even be those that belong to the owner of the animal, it is apparent that one may derive benefit from an animal that has not been slaughtered in a Halachically valid manner.
39a)[line 36]שחוט [ש]לי בשליSHECHOT [SHE']LI BESHE'LI- slaughter My [animals (i.e., Korbanos)] in My [locale (i.e., the Azarah of the Beis ha'Mikdash)]
b)[line 37]ושלך בשלךVESHE'LECHA BESHE'LECHA- and [slaughter] your animals (i.e., Chulin) in your [locale (i.e., anywhere outside of the Azarah)]
40a)[line 37]מה שלי בשלך אסורMAH SHE'LI BESHE'LECHA ASUR- just as My [animals slaughtered] in your [locale] are a) forbidden [b'Hana'ah] (RASHI); b) unusable [for what they were originally intended (i.e., Korbanos)] (TOSFOS DH Mah)
41)[line 37]אף שלך בשלי אסורAF SHE'LECHA BESHE'LI ASUR- so too your [animals slaughtered] in My [locale] are a) forbidden [b'Hana'ah] (RASHI); b) unusable [for what they were originally intended (i.e., kosher meat)] (TOSFOS DH Mah)
42)[line 40]אהל מועדOHEL MO'ED- lit. the tent of meeting; the Mishkan (or, by extension, the Beis ha'Mikdash)
43)[line 42]איכא למיפרךIKA L'MIFRACH - we may ask a logical distinction (BINYAN AV / MAH MATZINU)
(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 "Binyan Av" - literally "building through a father." This method is also referred to as a "Mah Matzinu" - literally, "just as we have found." It entails establishing a certain law in one area of the Torah, and then applying it to other comparable circumstances.
(b)This method, however, is very vulnerable to "Pirchos" - questions of logical difference. If any difference can be shown between the two subjects, then the comparison is negated.
44a)[line 44]"[וְסָמַךְ יָדוֹ עַל רֹאשׁ קָרְבָּנוֹ] וּשְׁחָטוֹ [פֶּתַח אֹהֶל מוֹעֵד...]""[V'SAMACH YADO AL ROSH KORBANO] U'SHCHATO [PESACH OHEL MO'ED...]"- "[And he shall place his hand upon the head of his sacrifice] and slaughter it [in the entranceway to the Mishkan...]" (Vayikra 3:2). This verse is written regarding a Korban Shelamim that is a cow (see Background to 55:4). From that which the verse did not simply state "v'Shachat" - "and he shall slaughter" - we may derive that there is another animal which may not be slaughtered in the Azarah.
b)[line 44]"וְסָמַךְ אֶת יָדוֹ עַל רֹאשׁ קָרְבָּנוֹ] וְשָׁחַט אֹתוֹ [לִפְנֵי אֹהֶל מוֹעֵד...]""[V'SAMACH ES YADO AL ROSH KORBANO] V'SHACHAT OSO [LI'FNEI OHEL MO'ED...]"- "[And he shall place his hand upon the head of his sacrifice] and slaughter it [before the Mishkan...]" (Vayikra 3:8). This verse is written regarding a Korban Shelamim that is a sheep (see Background to 55:4). From that which the verse did not simply state "v'Shachat" - "and he shall slaughter" - we may derive that there is another animal which may not be slaughtered in the Azarah.
c)[line 45]"[וְסָמַךְ אֶת יָדוֹ עַל רֹאשׁוֹ] וְשָׁחַט אֹתוֹ [לִפְנֵי אֹהֶל מוֹעֵד...]""[V'SAMACH ES YADO AL ROSHO] V'SHACHAT OSO [LI'FNEI OHEL MO'ED...]"- "[And he shall place his hand upon its head] and slaughter it [before the Mishkan...]" (Vayikra 3:13). This verse is written regarding a Korban Shelamim that is a goat (see Background to 55:4). From that which the verse did not simply state "v'Shachat" - "and he shall slaughter" - we may derive that there is another animal which may not be slaughtered in the Azarah.
45)[line 45]תלתא קראי יתיריTELATA KERA'EI YESEIREI- there are three seemingly extraneous verses (since all three discuss a Korban Shelamim, and even the first implies that we are to learn the status of another from that of a Shelamim)
46)[line 46]"כִּי יִרְחַק מִמְּךָ הַמָּקוֹם [אֲשֶׁר יִבְחַר ה' אֱ-לֹקֶיךָ לָשׂוּם שְׁמוֹ שָׁם], וְזָבַחְתָּ...""KI YIRCHAK MIMCHA HA'MAKOM [ASHER YIVCHAR HASH-M EL-KECHA LA'SUM SHEMO SHAM], V'ZAVACHTA..."- "If the place [upon which HaSh-m your G-d will choose to place His Name] will be far from you, you may slaughter [of your cattle or from your flocks... and you shall eat in your gates...]" (Devarim 12:21).
47a)[line 47]ברחוק מקוםB'RICHUK MAKOM- in a distant place (i.e., outside of the Azarah)
b)[line 48]מקום קרובMAKOM KAROV- a place close by (i.e., within the Azarah)
48a)[line 49]תמימים הראוים ליקרבTEMIMIM HA'RE'UYIM LI'KAREV- unblemished animals that are fit to offer [as Korbanos]
b)[line 50]בעלי מומיןBA'ALEI MUMIN- animals with blemishes [that disqualify them from being offered as Korbanos]
49)[line 51]שכן מין (המכשיר) [הכשר]SHE'CHEN MIN (HA'MACHSHIR) [HA'KASHER]- for they are from the same type of kosher animals [that may be brought as Korbanos] (this is a Mah Matzinu; see above, entry #43)
50)[line 52]חיהCHAYAH- non-domesticated animals (e.g., deer or gazelles) [which are unfit to be offered as Korbanos]
51)[line 52]שהיא בשחיטה כבהמהSHE'HI B'SHECHITAH K'BEHEMAH- for Shechitah is required for it as it is for a Behemah (as we derive from the very next verse, Devarim 12:22)
52)[line 53]עופותOFOS- birds (whose requirement of slaughter is not clearly written in the Torah)
53)[line 53]תלמוד לומר "ושחטו", "ושחט אותו", "ושחט אותו"TALMUD LOMAR "U'SHECHATO," "V'SHACHAT OSO," "V'SHACHAT OSO"- the Torah therefore writes "And he shall slaughter it" three times (see above, #44) in order to teach that a) it is prohibited to slaughter Ba'alei Mumin, Chayos, or birds in the Azarah (TORAS KOHANIM cited by RASHI according to the Girsa of the BACH; second explanation of TOSFOS DH Talmud); b) it is prohibited to slaughter Chayos or birds in the Azarah, and that if one slaughters in the Azarah that which he ought not to have then he may not eat it (see next Gemara) (TORAS KOHANIM cited by the original Girsa of RASHI, which is also the way in which Rashi is quoted in TOSFOS DH Talmud). According to both of these Girsa'os, there are types of animals which were originally included through a Mah Matzinu and subsequently included through a derivation from the verses regarding Korbenos Shelamim. This is because, while it was possible if necessary to include them through a Mah Matzinu, it is preferable to include them through a proper derivation.