[47a - 51 lines; 47b - 46 lines]
(a)With regard to the Mitzvah of Chalah, the verses state, "... b'Vo'achem El ha'Aretz... Reishis Arisoseichem Chalah Tarimu Serumah..." - "[Speak to the people of Yisrael, and say to them,] 'When you come into the land [where I bring you, when you eat of the bread of the land, you shall separate a Terumah (tribute) to HaSh-m.] You shall separate the first of your dough for a Terumah; [as you do with the Terumah separated from the grain of the threshing floor, so, too, shall you present this [to the Kohanim.']" (Bamidbar 15:18-20).
(b)Whenever a person kneads a large quantity of dough made from one of the five species of grain (wheat, barley, oats, rye or spelt), he must separate a small portion to be given to the Kohen before eating from the dough. This portion is called Chalah. (The requirement to separate Chalah with a Berachah only applies to dough made from the volume of 43.2 Beitzim of flour. The modern equivalent is approximately 10 1/2 cups or 2.48 liters; about half of that amount requires Chalah to be separated without a Berachah.) A baker must separate 1/48 of his dough as Chalah, while a normal homeowner must separate 1/24. If a person did not separate Chalah from the dough before it was baked, it must be separated after it is baked before the baked products can be eaten.
(c)Chalah has the Halachos of Terumah, and it must be eaten by Kohanim, their wives and children, while they are Tehorim. A non-Kohen who eats Chalah b'Mezid is liable to Malkus and Misah b'Yedei Shamayim (Makos 13a; RAMBAM Hilchos Bikurim 5:14 and Hilchos Terumah 6:6).
(d)Since verse 18 uses the word "b'Vo'achem" (when you come) and not the usual "Ki Tavo'u" when it describes entering the land of Israel, Chalah differs from the other Mitzvos that apply to the Land. The other Mitzvos took effect only after the seven years of conquest and the seven years of apportionment. Chalah, however, was separated as soon as they entered the Land.
2)[line 1]טבול יוםTEVUL YOM
(a)A Tevul Yom is a person who has immersed in a Mikvah to become Tahor for Chulin, but is still waiting for nightfall to be completely Tahor with regard to Terumah, Kodshim and Bi'as Mikdash. The level of Tum'ah of a Tevul Yom is minimal; he is considered only a Sheni l'Tum'ah and if he touches Terumah or Kodesh, the Terumah or Kodesh becomes Pasul and must be burned. Chulin that he touches do not become Teme'im. Liquids that he touches do not become Rishon l'Tum'ah. If he enters the Mikdash, however, he is Chayav Kares (see Background to Nidah 28:18).
(b)After the following nightfall, he becomes completely Tahor with regard to Terumah. If he is a Mechusar Kaparah (see Background to Me'ilah 8:4), he must wait until he brings his sacrifices to become completely Tahor with regard to Kodshim and Bi'as Mikdash.
3)[line 14]שבע שכבשו ושבע שחלקוSHEVA SHE'KAVSHU V'SHEVA SHE'CHALKU
(a)In the times of Yehoshua, it took seven years for the Jewish people to conquer Eretz Yisrael. It took another seven years to divide it among the tribes.
(b)Our Gemara states that the Jewish people became obligated in the Mitzvah of Chalah as soon as they entered Eretz Yisrael (see above, entry #1:d). They did not, however, become obligated in the Mitzvah of Terumos and Ma'asros until after the fourteen-year period of Sheva she'Kavshu v'Sheva she'Chalku. RASHI writes several reasons for this:
1.The verse with regard to Ma'aser states "Tevu'as Zar'echa" - "the produce of your seeds" (Devarim 14:22). Only when each person was able to identify his own property was he obligated in the Mitzvah of Terumos and Ma'asros (RASHI here, according to the Girsa of RASH MI'DESVI and MAREH KOHEN).
2.The verses with regard to Ma'aser state "Degancha" - "your grain" (Devarim 12:17), and "Tevu'as Zar'echa" - "the produce of your seeds" (Devarim 14:22). Only when each person was able to plant his own grain and seeds in his own fields was he obligated in the Mitzvah of Terumos and Ma'asros (RASHI to Kesuvos 25a, 1st explanation).
3.The verse states "ba'Shanah ha'Shelishis, Shenas ha'Ma'aser" - "in the third year [of the Shemitah cycle], the year of Ma'aser" (Devarim 26:12), connecting the obligation for Ma'asros to the years of the Shemitah cycle. Since the Jewish people did not begin observing the Shemitah cycle until after the fourteen-year period had passed (Kesuvos 25a, Erchin 12b), they did not become obligated in Terumos and Ma'asros until then (RASHI to Kesuvos 25a, 2nd explanation).
4.The verse after "Aser Te'aser Tevu'as Zar'echa" - "Tithe the produce of your seeds" (Devarim 14:22) states, "b'Makom Asher Yivchar" - "in the place that He will choose" (ibid. 14:23). This indicates that the people were not obligated in Terumos and Ma'asros until Shiloh was chosen as the location for the Mishkan (RASHI to Bava Metzia 89a).
4)[line 15]לא נתחייבו במעשרLO NISCHAIVU B'MA'ASER- they were not obligated in the Mitzvah of Terumos and Ma'asros (see previous entry)
5)[line 20]כי אסקינהו עזראKI ASKINHU EZRA- and when Ezra brought them up (from Bavel to Eretz Yisrael)
6a)[line 22]פגהPAGAH- a fig before it starts to ripen
b)[line 22]בוחלBOCHAL- a fig about to ripen
c)[line 22]צמלTZEMEL- the Gemara explains that this is an abbreviation for "Yatzesah Mele'ah" (she went forth in fullness)
7)[line 25]הפרת נדריהHAFARAS NEDAREHA (HAFARAS NEDARIM)
(a)A man has the right to annul certain vows of his wife and his young daughter, as the Torah states in Bamidbar 30:6, 9, 13-14. He accomplishes this by stating, on the day that he hears the vow, "Mufar Lach" ("[the vow] is annulled for you"). There is an argument among the Tana'im whether the vow must be annulled before nightfall on the day the husband/father heard it, or before 24 hours pass from when he heard it (Nedarim 77a); the former is the Halachic opinion.
(b)A father may annul his daughter's vows while she is young, starting from the age at which her vows are valid (eleven years old) until she becomes a Bogeres (six months after she becomes a Na'arah by growing two pubic hairs). If the father marries her off before she becomes a Bogeres, during the period of Eirusin both the father and the husband, or "Arus," must annul the vows in order for the annulment to be effective. After the consummation of the marriage through Nisu'in, the husband may annul the vows by himself. The father no longer has rights over her vows after her marriage, even if she is divorced before becoming a Bogeres.
(c)If the father or husband is "Mekayem" the vow even before the day is over (i.e. he upholds or endorses the vow; this is also referred to as "Kiyum" or "Hakamah"), by stating "[the vow] is endorsed," he can no longer be Mefer the vow. His wife or daughter must abide by her vow. (There is a disagreement among the Poskim as to whether the wife or daughter can remove the Neder through Hataras Nedarim after Hakamah, see Insights to Nedarim 69:1:a:1.)
8)[line 26]סימניןSIMANIN- (a) the signs of Tzemel (RASHI); (b) the signs of Bochal (RABEINU TAM, cited by TOSFOS DH Eizehu)
9)[line 27]הקמטHA'KEMET- (O.F. fronces) the fold of skin
10)[line 28]משיטוMISHE'YATU- when they fall on the chest
11)[line 29]הפיטומתHA'PITOMES- the areola (the area that surrounds the nipple)
12)[line 30]העוקץHA'UKATZ- (O.F. poicons) the nipple
13)[line 31]"התאנה חנטה פגיה""HA'TE'ENAH CHANTAH FAGEHA"- "The fig tree has formed its first small figs" (Shir ha'Shirim 2:13)
14)[line 33]משיבחלוMISHE'YAVCHILU- when they begin to ripen
15)[line 35]"ותקצר נפשי בהם וגם נפשם בחלה בי""… VA'TIKTZAR NAFSHI BAHEM V'GAM NAFSHAM BACHALAH VI."- "... and My soul became disgusted with them, and also their soul found Me repulsive" (O.F. encreissant - disgust, loathing). (Zecharyah 11:8) - The Gemara cites this verse as a source for the meaning of the word "Bochel" in the Mishnah. The word "Bachalah" in the verse means, as Rashi here explains, "it became big on me," meaning that one who is disgusted by something tends to view it as big.
16)[line 41]דמי בושתהDEMEI BOSHTAH (CHOVEL U'MAZIK: BOSHES)
(a)A person who wounds his fellow Jew (Chovel b'Chaveiro) is obligated to pay five payments to the victim, i.e. four payments in addition to Nezek, which one must always pay for damages (see Background to Shevuos 33:10). One of the five payments is Boshes (Shame).
(b)Boshes is evaluated based on the status of the person who caused the embarrassment and the status of the person who was embarrassed. According to most opinions, the shame caused by an undignified person is greater than the shame caused by an average or dignified person (YERUSHALMI Kesuvos 3:8, RASHI to Bava Kama 83b, BARTENURA to Kesuvos 3:7, RAMBAM Hilchos Chovel u'Mazik 3:1, TUR Choshen Mishpat 420 and SHULCHAN ARUCH CM 420:24). Others rule that the shame caused by an average person is greater than the shame cause by an undignified or a dignified person (RASHI to Kesuvos 40a. The RAN rules that this is the Halachah in all cases except for Ones and Mefateh - see Background to Erchin 13:16a, b - which follow the previous opinion). With regard to a person who was embarrassed, shame caused to a dignified person is greater than the shame that an average or undignified person suffers (Bava Kama ibid.).
(c)There is an argument as to whether or not embarrassing slaves incurs the penalty of Boshes (Bava Kama 87a). Even according to the opinion that rules that there is Boshes, the payment goes to the slave's master. As such, the money that Shmuel paid his maidservant was only to spare himself from any Divine retribution (TOSFOS DH Badak).
17)[line 42]"[והתנחלתם אתם לבניכם אחריכם לרשת אחזה] לעלם בהם תעבדו""[V'HISNACHALTEM OSAM LI'VNEICHEM ACHAREICHEM LA'RESHES ACHUZAH,] L'OLAM BAHEM TA'AVODU..."- "[And you shall hold onto them as a heritage for your children after you, to give to your heirs as a possession;] you shall work with them forever..." (Vayikra 25:46)
18)[line 43]מייחד להןMEYACHED LAHEN- would designate a husband for each of them from his slaves
19)[line 44]מחליף להןMACHLIF LAHEN- would switch his male slaves from one female slave to another
20)[line 45]אזדהרו מישראלIZDAHARU MI'YISRAEL- Make sure you stay away from Jews! (since a Shifchah Kena'anis is forbidden to them - see Background to Kerisus 24:10)
21)[line 48]משיתקשקשוMISHE'YISKASHKESHU- when they are like the clapper (O.F. batant) in a bell, i.e. when they are very large
22)[line 49]משיכסיףMISHE'YACHSIF- when it darkens
23)[line 49]ראש החוטםROSH HA'CHOTEM- (a) the tip of the Ukatz (ARUCH); (b) the place where the Pitomes meets the Ukatz (TOSFOS HA'ROSH)
24)[line 49]אזקונה להAZKUNAH LAH- she has already matured
25)[line 50]משיפצילMISHE'YAFTZIL- when it splits, appears wrinkled
26)[last line]משתקיף העטרהMISHE'TAKIF HA'ATARAH- when the Ukatz gets thicker and taller, as it is surrounded (by flesh)
27)[last line]משנתמעךMISHE'NISMA'ECH- when it (the Kaf) gets flatter
28)[line 1]הכףHA'KAF- a protrusion of flesh above the girl's genital area
29)[line 7]כיון שמגדלת מתמעך והולךKEIVAN SHE'MEGADELES, MISMA'ECH V'HOLECH- as she grows, the Kaf gets flatter and flatter
30)[line 11]חצר הצוריתCHATZAR HA'TZORIS- a courtyard that is common in Tzor (Tyre) which has a guard booth at the entrance
31)[line 16]אחד פותח ואחד נועלECHAD POSE'ACH V'ECHAD NO'EL- one person opens the courtyard and a different person closes it (since there is no guard)
32)[line 24]שתי שערותSHTEI SA'AROS (SIMANIM)
(a)Simanim are the physical signs of maturity that confer the status of adulthood to a Jewish boy or girl with regard to their obligation in Mitzvos.
(b)From the time a child grows two pubic hairs, he is no longer considered to be a minor, and he is obligated in Mitzvos like a full-grown adult. The pubic hairs must fit certain criteria of length and location, and the child must also have reached a certain minimum age. The minimum age for a boy is twelve years, and for a girl is eleven years. If the hairs grew before the age of twelve for a boy and eleven for a girl, they are assumed to be the result of a wart or mole and not pubic hair (Nidah 46a). If they grow between the ages of twelve and thirteen for a boy, and between the ages of eleven and twelve for a girl, the Amora'im argue as to whether they confer the status of adulthood or not ("Toch Zeman k'Lifnei ha'Zeman" and "Toch Zeman k'Le'achar ha'Zeman" - ibid. 45b).
(c)If, however, a person reaches the age of twenty and still has no pubic hairs, then if he has signs of a "Saris" (see below, entry #35) or she has the signs of an "Ailonis" (see next entry), he or she is considered to be an adult.
(a)An Ailonis is a woman who is incapable of conception. This word is derived from the word "Ayil," a ram, which is a male sheep that obviously does not have a womb (Kesuvos 11a). If a woman is found to be an Ailonis after she is married, she does not receive the value of a Kesuvah (see Background to Nidah 12:13), Peiros (Background ibid.), Mezonos (see Background to Nidah 12:14) or Bela'os (see Background to Nidah 12:15) (Mishnah Kesuvos 100b).
(b)An Ailonis does not develop normal pubic hair, the normal sign of Halachic puberty ("Gadlus"). She is considered to have reached Halachic puberty upon reaching the age of twenty, if she displays the various symptoms by which an Ailonis may be recognized (which are listed in Yevamos 80b - see below, (c)). The Amora'im argue as to whether just one or all of the symptoms are necessary to pronounce a woman an Ailonis. At that point, some Amora'im say that she is deemed to have reached puberty retroactively from the age of twelve (see Yevamos 80a). If she does not display the symptoms of an Ailonis, she is not pronounced an Ailonis, and not considered to have reached Halachic puberty until she reaches the age of 35 and one day. (See Charts to Nidah #10 - Daf 47b)
(c)The four signs of an Ailonis mentioned by the Tana'im and Amora'im are:
1.she has no breasts;
2.marital relations are very difficult for her;
3.she never had a "Kaf" (see above, entries #27-29)
4.she has a deep voice and it is not possible to distinguish it from a man's voice
34)[line 27]סריסSARIS- an sterile man
35)[line 32]סימני סריסSIMANEI SARIS
(a)A Saris is a man who cannot have children. The Torah (Devarim 23:2) calls a Saris either a Petzu'a Daka or a Kerus Shafchah, depending upon the parts of his body that are flawed.
(b)If a person became a Saris through unnatural means, whether at the hands of another person or as a result of an injury, he is called a "Seris Adam." A Seris Adam is prohibited by the Torah to marry a Jewish woman (ibid.). However he may marry a convert or a freed maidservant (Yevamos 76a). If a person is born a Saris, he is called a Seris Chamah, and is permitted to marry into the Jewish people (Yevamos 75b). A Seris Adam usually cannot be healed, while a Seris Chamah can be healed (Mishnah Yevamos 79b). If a person became a Saris through disease, the RAMBAM (Hilchos Isurei Bi'ah 16:9) rules that he is considered a Seris Chamah, and permitted to marry into the Jewish people, but the ROSH (Yevamos 8:2, based on the words of RASHI Yevamos 75b DH b'Yedei Shamayim) considers him a Seris Adam, and prohibits him to marry into the Jewish people.
(c)A Saris does not develop normal pubic hair, the normal sign of Halachic puberty ("Gadlus"). He is considered to have reached Halachic puberty upon reaching the age of twenty, if he displays the various symptoms by which a Saris may be recognized (which are listed in Yevamos 80b - see below, (d)). The Amora'im argue as to whether just one or all of the symptoms are necessary to pronounce a man a Saris. At that point, some Amora'im say that he is deemed to have reached puberty retroactively from the age of thirteen (see Yevamos 80a). If he does not display the symptoms of a Saris, he is not pronounced a Saris, and not considered to have reached Halachic puberty until he reaches the age of 35 and one day. (See Charts to Nidah #10 - Daf 47b)
(d)The nine signs of a Saris mentioned by the Tana'im and Amora'im are:
1.he has no beard;
2.his hair is frail and thin;
3.his skin is smooth (a man's skin is usually hairy and rough (O.F.aspre - rough);
4.his urine does not produce foam;
5.his urine does not spray out far in an arch;
6.his semen is watery
7.his urine does not become fetid when it stands for a while;
8.after he washes during the winter time, steam does not rise from his flesh;
9.he has a high voice and it is not possible to distinguish it from a woman's voice
36)[line 32]דיקא נמיDEIKA NAMI- this is also implied by the words of the Mishnah itself
37)[line 33]עד רוב שנותיוAD ROV SHENOSAV- until he has reached a majority of his years (i.e. the age of 36 (i.e. 35 and one day), since the average lifespan is 70 years as expressed in Tehilim 90:10)
38)[line 32]הוא סריסHU SARIS- he has shown signs or symptoms that he is a Saris (see above, entry #35)
39a)[line 34]אי כחישIY KACHISH- if he is lean/weak
b)[line 34]אבריוהAVARYUHA- strengthen him; fatten him up (i.e. feed him until he gains weight)
40a)[line 34]אי בריאIY BARI- if he is obese
b)[line 35]אכחשוהAKCHESHUHA- weaken him (i.e. deprive him of food until he loses weight)
41a)[line 36]הלכתא בכולי פרקאHILCHESA B'CHULEI PIRKA- the Halachah for the cases discussed in our Perek (Perek "Yotzei Dofen")
b)[line 36]מעת לעתME'ES L'ES- they are all calculated by the passing of an exact cycle of time (lit. "from time to time"). That is, their periods of time end after complete astronomical years have passed from the day and time of day when they started. This phrase, according to RASHI, teaches us two points: 1. We do not start counting years with Rosh ha'Shanah; 2. One day in a year is not enough to be considered the passing of a year - see Insights to Nidah 47:3.
42)[line 43]שנה האמורה בקדשיםSHANAH HA'AMURAH B'KODSHIM - the year mentioned with regard to Kodshim (KODSHEI KODASHIM / KODSHIM KALIM)
(a)Kodshim are animals that are designated to be sacrificed. Kodshei Kodashim are Korbenos Olah, Chatas and Asham (and Menachos), which have a greater degree of sanctity than Kodshim Kalim. They may only be slaughtered in the northern part of the Azarah of the Beis ha'Mikdash and those parts that may be eaten may only be eaten in the Azarah by male Kohanim.
(b)The term Kodshim Kalim refers to the Korbenos Shelamim, Todah, Ma'asar Behemah, Pesach and Bechor, which have a lesser degree of sanctity. They may be slaughtered in the entire Azarah (and not only in its northern part) and may be eaten in the entire city of Yerushalayim by men or women, Kohanim or non-Kohanim.
(c)Many times the Torah specifies a certain age for these animals, such as "Keves ben Shenaso," a sheep in its first year. At other times the name used to describe the animal connotes a specific age.
43)[line 43]שנה האמורה בבתי עריחומהS HANAH HA'AMURAH B'VATEI AREI CHOMAH - the year mentioned with regard to Batei Arei Chomah (BATEI AREI CHOMAH)
Batei Arei Chomah are houses from a city that was walled at the time of Yehoshua's conquest of Eretz Yisrael. If a person sold a house in one of the Arei Chomah, the Torah gives him the right to purchase it back within one year of selling it. If he does not buy it back during that time, it becomes the permanent ("Chalut") property of the buyer (Vayikra 25:29-30). (See Charts to Erchin #4, sections 4a and 4b.)
44)[line 43]שתי שנים שבשדה אחוזהSHTEI SHANIM SHEB'SEDEI ACHUZAH - the two years mentioned with regard to selling a Sedeh Achuzah (MECHIRAS SEDEH ACHUZAH)
(a)A Sedeh Achuzah is a field that came into the possession of its owner's family after the conquest and division of Eretz Yisrael, at the time of Yehoshua bin Nun.
(b)Such a field may be sold only until the Yovel year, at which time it automatically returns to the possession of its original owner (Vayikra 25:25-28). Because of this, when a person sells an ancestral field, he normally intends to sell only the Peiros, or produce, of the land until the Yovel year, and not the land itself (Gitin 48a).
(c)Beginning two years after the sale, the original owner may redeem the field from the person who purchased it. He does so by returning the proportion of the money that was paid for the remaining years until the Yovel year. The buyer is forced to accept the redemption money and return the field.
(d)If a person sold his field in the Yovel year itself, Rav maintains that the sale takes effect, but the field returns to the seller. Shmuel rules that the sale does not take effect.
45)[line 44]שש שנים שבעבד עבריSHESH SHANIM SHEB'EVED IVRI - the six years mentioned with regard to Eved Ivri (EVED IVRI)
(a)There are two ways that a Jewish man can be bought as a slave by another Jew. Either he may sell himself because he is destitute, or he may be sold by Beis Din to pay back a theft. During his term as a slave, his master must support his family (Kidushin 22b). The master may not make his Eved Ivri do disgraceful work for him, nor may he treat him as one normally treats a slave. For example, if the master has only one pillow, he must give it to his Eved Ivri rather than keep it for himself (Kidushin 20a).
(b)If the slave was married before he was sold, the master has the right to give him a Nochri maidservant to bear him children who will become the slaves of the master (Shemos 21:4). (One who is not an Eved Ivri is forbidden to have relations with a maidservant.)
(c)An Eved Ivri is obligated to work for his master for only six years (Shemos 21:2) or until the Yovel year (see Background to Bava Basra 112:6), whichever comes first (Kidushin 14b, 16a). At any time during his term, he may go free if he or someone else pays his master the money remaining from the sum that the master paid for him, prorated to the amount of time that he worked.
(d)If at the termination of six years he expresses his desire to continue life as a slave, the master takes the slave to Beis Din, and stands the slave near a doorpost and pierces his right ear and the door with an awl. This is known as Retzi'ah, and an Eved Ivri upon whom this is performed is called a "Nirtza." A Nirtza slave must continue to serve his master until the Yovel year (ibid. 21:6) or until his master dies. An Amah ha'Ivriyah (a Jewish maidservant) does not become a Nirtza'as.
(e)Whenever an Eved Ivri goes free, under most circumstances his master must give him monetary gifts valued at 15, 30 or 50 Sela'im, according to the various opinions (Kidushin 17a). This is known as Ha'anakah (Devarim 15:14).
46)[line 44]שבבן ושבבתSHEBE'VEN VESHEBE'VAS- (lit. "of the boy and of the girl") the Gemara at first assumes that this phrase refers to the years mentioned in our Mishnah, when a man or a woman reach twenty without signs of maturity. The Gemara concludes (Daf 48a) that this phrase refers to the years that apply to Erchin (see Background to Nidah 28:27).
47)[line 45]מעת לעתME'ES L'ES- the years mentioned in the Beraisa are not considered to end on Rosh Hashanah, but rather the count of years begins on the moment that the particular event (such as a birth or a sale) occurs, and it ends on that same day on a subsequent year (RASHI; see Insights to Nidah 47:3)
48)[line 46]"כבש בן שנתו""KEVES BEN SHENASO"- "a sheep within its first year" (Vayikra 12:6)
49)[line 47]"עד תום שנת ממכרו""AD TOM SHENAS MIMKARO"- "until the end of the year of its sale" (Vayikra 25:29)
50)[last line]"[במספר שנים אחד היובל תקנה מעת עמיתך] במספר שני תבואות ימכר לך""[B'MISPAR SHANIM ACHAR HA'YOVEL, TIKNEH ME'ES AMISECHA;] B'MISPAR SHNEI SEVU'OS YIMKOR LACH."- "[According to the number of years after the Yovel year you shall buy from your neighbor, and] according to the number of years of the fruits he shall sell to you." (Vayikra 25:15) - This includes as many crops as grow in two years.