The reference numbers below that appear in parentheses (e.g., TY #43) represent vessels or parts of the structure of the Beis ha'Mikdash. The labeling follows that of the diagram of the Tiferes Yisrael. This diagram, which has been included in a separate mailing and can also be found on our site (at http://www.dafyomi.co.il/midos/mids-charts.htm), is printed both in the Tiferes Yisrael Mishnayos (Midos Chapter 2 or following Midos) and in Rav P. Kahati's Mishnayos (page 290, at the beginning of Midos).

[8a - 45 lines; 8b - 55 lines]

1)[line 1]ùúîàïSHE'TEMA'EN (MI'UN)

(a)The Torah gives a father the right to marry off his daughter at any age before she is twelve years old.

(b)If she was divorced or widowed or her father died without marrying her off, the Chachamim gave the girl's mother and/or oldest brother the right to marry her off. In these cases the marriage is only mid'Rabanan and she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage.

(c)According to the RAMBAM and the RA'AVAD, in the above circumstances, the Chachamim also gave her the right to get married by herself. This marriage is also mid'Rabanan. According to the Rambam, she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage. According to the Ra'avad, however, her Kidushin is valid even if she has enough sense to guard the object given to her for her Kidushin (and she realizes that it was given to her for Kidushin).

(d)In the instances of marriage mid'Rabanan, before she reaches Halachic puberty and becomes a Na'arah (through the growth of two pubic hairs), she has the option of annulling the marriage through a procedure known as Mi'un (refusal). She says before two witnesses, "I do not want him," and the marriage is annulled retroactively. There is no need for her to receive a Get (a bill of divorce). A girl who is married off by her father cannot annul the marriage through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)

2)[line 5]äøåãäHA'RODEH- one who peels the bread off the wall of an oven

3)[line 6]äñì îöøôï ìçìäHA'SAL METZARFAN L'CHALAH (CHALAH: TZEIRUF KELI)

(a)See Background to Nidah 6:12b.

(b)When a person kneads small amounts of dough that have less than the amount specified (see Background ibid.), there is no obligation to separate Chalah. If, after they are baked, he combines them in one utensil and the total baked goods contain the amount specified, the utensil is said to "Metzaref," combine, the baked goods, and he is now obligated to separate Chalah from them.

4)[line 10]àöøëå îöøëéðï ìäåATZRECHU MATZRECHINAN LEHU- we have proven that the two statements (of Rebbi Eliezer and Rebbi Elazar) were both necessary, i.e. each was said with regard to a different situation

5)[line 14]ùîùéàéï àú äàùä ò''ô òã àçãSHE'MASI'IN ES HA'ISHAH AL PI ED ECHAD (HETER AGUNAH AL PI ED ECHAD)

The Chachamim instituted that a woman can remarry even if only one witness testifies that her husband has died. Although the Torah requires two witnesses for such testimony, the Rabanan allowed a woman to remarry based on the testimony of even a single witness, even if the witness is a woman or slave. The reason for this is that it is assumed that the woman would take care to determine that her husband is truly dead before remarrying, out of fear of the consequences of her husband's return. (If her husband is found to be alive, she loses not only her original husband and the new husband, but her Kesuvah and other benefits as well - Yevamos 87b et seq.)

6)[line 14]ùðñ÷ì úøðâåìSHE'NISKAL TARNEGOL (SHOR 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)In the case reported by Rebbi Yehudah ben Bava, a rooster killed a baby by pecking at his fontanel (RASHI to Berachos 27a).

7)[line 16]ùðúðñê ò''â äîæáçSHE'NISNASECH AL GABEI HA'MIZBE'ACH (NESACHIM)

(a)The Nesachim are wine libations that are brought together with a Korban Shelamim or Olah, whether the Korban is offered by the Tzibur (Bamidbar 28:11-15, 20-21) or by an individual (Bamidbar 15:3-16). They are brought along with the Minchas Nesachim, a flour offering that is offered with these Korbanos (see Background to Me'ilah 15:5). (See also Background to Temurah 17:4:b.)

(b)The amounts of wine, flour and oil vary based upon which animal is being offered - see Background to Kidushin 37:12.

(c)Rebbi Yehudah ben Bava reported that forty-day-old wine is already fit to be used as Nesachim.

8)[line 16]úîéã ùì ùçø ù÷øá áã' ùòåúTAMID SHEL SHACHAR SHE'KAREV B'ARBA SHA'OS (KORBAN TAMID)

(a)The Korban Tamid, a Korban Tzibur (communal offering), consists of two male sheep that were less than one year old. One sheep was offered at dawn and the second sheep was offered in the afternoon, ideally 2 1/2 Halachic hours before sunset. One tenth of an Eifah (approximately 2.16, 2.49 or 4.32 liters, depending upon the differing Halachic opinions) of flour was brought with each sheep as a Minchah (flour offering), which was mixed with one quarter of a Hin (approximately 0.9, 1.04 or 1.8 liters) of hand pressed olive oil. One quarter of a Hin of wine for each sheep was brought as a wine libation (Bamidbar 28:5).

(b)To insure that at least two sheep would be available for the Korban Tamid each day, six sheep were kept in the Lishkas ha'Tela'im, the Chamber of Lambs (TY # 43, also known as the Lishkas ha'Korban or Lishkas Tela'ei Korban). The lambs were checked for four days prior to being offered to ensure that they had no Mum (blemish).

(c)Rebbi Yehudah ben Bava reported that the Korban Tamid may be sacrificed until the fourth Sha'ah Zemanis. (see RASHI to Mishlei 31:1) (Sha'os Zemaniyos are Halachic hours - the amount of time between sunrise and sunset divided by twelve).

9a)[line 27]äåøãHA'VERED- a rose bush

b)[line 27]äëåôøHA'KOFER- henna; a small, thorny tree of tropical Asia and Africa, from whose leaves a dark reddish-orange dye is produced

c)[line 27]äìèåíHA'LETOM- an extract of chestnut or pine

d)[line 28]ä÷èóHA'KETAF- a balsam tree (Commiphora opobalsamum) which is harvested for its sap. It grows wild in present day Yemen and around Mecca.

10)[line 30]îéðê åîàáåê ÷ùøéúå ÷èôà ìòìîàMINACH UME'AVUCH KA'SHARISU KITFA L'ALMA- [Rav Zeira said to Rebbi Pedas,] "From your words and the words of your father, balsam sap is permitted!" (i.e. it does not have Kedushas Shevi'is)

8b----------------------------------------8b

11)[line 1]äà ÷ùéù îéðéä èåáàHA KASHISH MINEI TUVA- but he (Rebbi Eliezer) preceded him (Rebbi Chanina ben Gamliel) by many years (lit. is much older than him)!?

12)[line 3]àåø éåä''ëOR YOM HA'KIPURIM- the night of Yom ha'Kipurim

13)[line 13]äîòîéã áùøó òøìäHA'MA'AMID B'SRAF ORLAH (ORLAH)

(a)In the first three years after a fruit tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah (it is prohibited to benefit from them), as it states in Vayikra 19:23.

(b)If a person eats a k'Zayis of Orlah fruit, he receives Malkus. If he derives benefit from Orlah (or any other food that is Asur b'Hana'ah), according to most Rishonim he is punished with Malkus (TOSFOS Chulin 120a DH Ela), while according to others, he is only punished with Makas Mardus, a Rabbinic institution of Malkus. (RAMBAM Hilchos Ma'achalos Asuros 8:16 - see also Mishneh l'Melech to Hilchos Yesodei ha'Torah 5:8)

(c)Although it is forbidden to benefit from fruits of Orlah, if one transgresses and sells the fruits, the money that he receives in return is not forbidden, as our Gemara teaches.

(d)Our Gemara brings the argument among the Tana'im as to whether or not it is permitted to use sap of trees that are in the category of Orlah as a "Ma'amid," a substance that curdles milk.

14a)[line 15]÷èôà ãâååæàKATFA D'GAVZA- the sap of the trunk

b)[line 15]÷èôà ãôéøàKATFA D'PEIRA- the sap of the fruit (perhaps the sap that oozes from the stem of the fruit)

15a)[line 17]äòé÷øéïHA'IKARIN- the roots of the tree

b)[line 18]äôâéïHA'PAGIN- unripe fruits

16)[line 31]øàúä ãí îçîú ðéùåàéïRA'ASAH DAM MACHMAS NISU'IN- a woman who experienced hymenal bleeding following her marriage, i.e. Dam Besulim

17)[line 34]áúåìú ù÷îäBESULAS SHIKMAH- a young sycomore tree (or Egyptian fig; even though it produces fruit, the fruit is inferior and thus the tree is considered an Ilan Serak, as the Mishnah says in Kela'im 6:4; see TOSFOS YOM TOV there) that has never been trimmed

18)[line 34]ìë''âL'KOHEN GADOL (KOHEN GADOL: BESULAH)

The Torah (Vayikra 21:14) commands a Kohen Gadol not to marry a widow (Almanah) - whether she was widowed from Eirusin or from Nisu'in, a divorcee (Gerushah), prostitute ("Zonah" - see Background to Gitin 79:22) or Chalalah. Rather, a Kohen Gadol is commanded to marry only a Besulah (Vayikra 21:13). An ordinary Kohen (Hedyot) is permitted to marry a widow, but not any of the other women listed above. The child from one of the above-mentioned unions is invalidated from the Kehunah, and is called a "Chalal" (see Background to Bechoros 47:4). The Rabanan also prohibited all Kohanim from marrying a Chalutzah (see Background to Bechoros 19:12), and made the children of a Kohen from a Chalutzah Chalalim mid'Rabanan.

19)[line 35]ðçì àéúïNACHAL EISAN (EGLAH 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).

20)[line 37]ùáéòéúSHEVI'IS (SHEVI'IS: ISUR AVODAH)

(a)The Torah requires that farmers desist from working the land every seventh year, as described in Vayikra 25:1-7. The fruits that grow during the seventh (Shevi'is) year are holy to the extent that: 1. they must be considered ownerless; anyone may come into any field and pick the fruit that he intends to eat. 2. The fruits may not be bought and sold in a normal fashion (see Insights to Sukah 39:2). 3. The Torah requires that the fruits of Shevi'is be used only for eating or drinking (in the normal manner of eating for that type of fruit) or for burning to provide light (in the case of oil). They may not be wasted or used for medicinal purposes or animal fodder, etc.

(b)One may not do any work with the land or with trees growing from the land that makes improvements.

(c)When one sells fruit of Shevi'is, the Kedushah of the fruit is transferred to the money paid in exchange for it (the fruit itself remains Kadosh as well).

(d)The Shemitah year is meant to teach the Jewish people to rely on HaSh-m for their sustenance, a fact that is not always clear to them during the six years in which they work their own fields.

21)[line 44]äùàåøHA'SE'OR- sourdough, a very heavily fermented dough that is mixed with fresh dough to cause it to rise

22)[line 45]÷ôéõ òìéä æáéðàKAFITZ ALEI ZEVINA- people desire to acquire it

23)[line 46]ëì ùîòìä øùåùéïKOL SHE'MA'ALAH RESHUSHIN- any land that, when tilled, turns up (a) small pebbles (O.F. pedruge - gravel) (RASHI, 1st explanation); or (b) hard, solid clods of earth (RASHI, 2nd explanation)

24)[line 47]öåðîàTZUNAMA- [if, while digging, one encounters] solid rock (O.F. roche)

25)[line 52]äôéìä øåçHIPILAH RU'ACH- she miscarried an empty sac

26)[line 54]÷ùúäKASHESAH- if she had labor pains

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