[35a - 39 lines; 35b - 45 lines]
We recommend using the textual changes suggested by the Bach and the marginal notes of the Vilna Shas. This section is devoted to any other important corrections that Acharonim have pointed out in the Gemara, Rashi and Tosfos.
 Gemara 35a [line 19]:
The words "Shevilei Ta'ala" שבילי תעלא
should be "Shibolei Ta'ala" שיבולי תעלא
This is the Girsa of the Oxford manuscript (Dikdukei Sofrim #70).
 Rashi 35a DH Tanina ד"ה תנינא:
The words "d'Avud Rabanan Ma'alah b'Kodshim" דעבוד רבנן מעלה בקדשים
should be "d'Avud Rachmana Ma'alah b'Kodshim" דעבוד רחמנא מעלה בקדשים
This is the Girsa of the early printings. The word "Rabanan" does not appear in the manuscripts, since this Din is mid'Oraisa (Dikdukei Sofrim #10).
1)[line 1]אלא מעלהELA MA'ALEH- rather, [it must be that it was the Rabanan who set] a higher standard [for Mei Chatas (i.e. that it must be "Chiyusan b'Kli"), and brought a verse in support of their ruling]
2)[line 4]בקדשים לאB'KODSHIM LO- he may not eat Kodshim [until he brings his Korban (when applicable)]
3)[line 6]לרבות את העציםL'RABOS ES HA'ETZIM (CHIBAS HA'KODESH)
(a)Due to the fact that Kodesh is particularly precious, it is more sensitive than Chulin or Terumah. For this reason, Kodesh can become Tamei even if it has never come in contact with a liquid and was not Huchshar.
(b)Another way in which Chibas ha'Kodesh is expressed is that items of Hekdesh which are inedible (such as wood and Levonah [frankincense] designated to be burned on the Mizbe'ach) can become Tamei as if they were food items.
(c)According to RASHI (19a DH Alma) that which wood and frankincense of Hekdesh can become Tamei is only mid'Rabanan, while according to TOSFOS (ibid. DH Alma; Chulin 35a DH Ein), this Tum'ah is mid'Oraisa (see Insights to Pesachim 19a, 20a).
4)[line 9]בפסחB'PESACH- [of eating Matzah] on [the first night of] Pesach
5)[line 10]בכוסמיןKUSMIN- spelt (a species of wheat)
6)[line 10]ובשיפוןSHIFON- (O.F. seigle) rye
7)[line 10]ובשיבולת שועלSHIBOLES SHU'AL- (a) (O.F. aveine) oats; (b) Hordeum sativum ssp. distichum, a species of barley whose kernels grow in two rows (Y. FELIX, Plant World of the Bible, Masada Press, Ramat Gan 1976, p. 152, based on the TALMUD YERUSHALMI, Maseches Chalah 1:1)
(a)Produce originating from an Am ha'Aretz (an unlearned Jew who may be lax in his Torah observance; see Berachos 47b) is referred to as Demai ("Da Mai?" — "what is this?").
(b)Terumas Ma'aser and Ma'aser Sheni must be separated from such produce, since a minority of Amei ha'Aretz are not careful to separate these tithes from their produce. One may assume, however, that Terumah Gedolah has been separated, since even an Am ha'Aretz is careful with Terumah due to its stringency. Ma'aser Rishon and Ma'aser Ani are separated from the produce, but eaten by the owner (in keeping with the principle of "ha'Motzi me'Chaveiro Alav ha'Re'ayah").
9)[line 11]ובמעשר ראשוןMA'ASER RISHON
(a)After a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Although the Torah does not specify an amount that must be given, the Rabanan set the requirement at between one fortieth and one sixtieth of the total crop.
(b)Once Terumah is separated from the produce, the first tithe must be separated. One tenth of the remaining produce is given to a Levi; this is known as Ma'aser Rishon. The Levi, in turn, must separate one tenth of his Ma'aser Rishon and give it to a Kohen (Bamidbar 18:26). This is called Terumas Ma'aser. Ma'aser Rishon after Terumas Ma'aser has been separated is known as Ma'aser Rishon she'Nitlah Terumaso.
10)[line 12]ובמעשר שניMA'ASER SHENI
(a)Once Terumah Gedolah and Ma'aser Rishon have been separated from the crop, it is time to separate the second tithe. In the third and sixth years of the seven-year Shemitah cycle this tithe is called Ma'aser Ani, and it is given to the poor.
(b)During the first, second, fourth and fifth years of the seven-year Shemitah cycle, the second tithe is called Ma'aser Sheni. Ma'aser Sheni must be brought to Yerushalayim and eaten there while one is in a state of purity. The various laws of Ma'aser Sheni are learned from the verses which begin, "Aser Te'aser Es Kol Tevu'as Zar'echa..." (Devarim 13:22-28).
(c)If it is impractical to bring the actual food to Yerushalayim, Ma'aser Sheni produce may be redeemed with money. This money receives the status of Ma'aser Sheni, and is then brought to Yerushalayim. In Yerushalayim the money is used to buy food, which in turn receives the Kedushah of Ma'aser Sheni and must be eaten b'Taharah in Yerushalayim.
(d)If the owner of the Ma'aser Sheni redeems his own Ma'aser, he must add a fifth of the total value (or a quarter of the original value) onto the money used; if someone else redeems it, he may do so with money equal to the value of the Ma'aser.
11)[line 12]והקדשHEKDESH- see Background to 31:1
(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 shall bring you, when you eat of the bread of the land, you shall separate a Terumah (tithe) 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)When a person makes dough from one of the five species of grain (wheat, barley, oats, rye or spelt), he must separate a small portion which must be given to the Kohen before he may eat from the dough. This portion is called Chalah. (The requirement to separate Chalah with a Berachah applies to a volume of dough made with at least 43.2 Beitzim of flour [about 10 1/2 cups or 2.48 liters]. One who makes a dough that is at least approximately half of that size must separate Chalah without a Berachah.) A professional baker must separate 1/48 of his dough as Chalah, while one baking bread for his or her own household must separate 1/24. If one did not separate Chalah from his dough before it was baked, it must be separated after it is baked before the bread may be consumed. Before Chalah is separated, the dough is called "Tavul l'Chalah," and anyone who eats it b'Mezid (intentionally) is liable to receive the punishments of Malkus and Misah b'Yedei Shamayim (Makos 13a).
(c)Chalah has the same status of Terumah; it may be eaten by Kohanim and their households while they are Tehorim. A non-Kohen who eats Chalah b'Mezid is liable to receive Malkus and Misah b'Yedei Shamayim (RAMBAM Hilchos Bikurim 5:14 and Hilchos Terumah 6:6).
13)[line 15]חלות התודהCHALOS HA'TODAH
(a)The Todah (thanksgiving offering) is a form of Shelamim (see Background to 3:4) which is eaten for only one day and one night (Vayikra 7:15).
(b)An animal sacrificed as a Todah is offered along with forty loaves of bread; ten of each of the following:
1.Chalos Matzos - Matzos mixed with oil;
2.Rekikin - flat Matzos saturated with oil;
3.Soles Murbeches - Matzos made of boiled flour mixed with oil;
4.Loaves of leavened bread. (Vayikra 7:12-13)
(c)One loaf of each type of bread is given to the Kohen who performed the Zerikas ha'Dam of the Todah (Vayikra 7:14). (This is known as Terumas Lachmei Todah.)
14)[line 15]ורקיקי נזירREKIKEI NAZIR
(a)If a person makes a vow to become a Nazir without stipulating how long he wishes his vow to be in effect, he becomes a Nazir for a period of thirty days. During this time, he may not: (1) cut his hair; (2) become Tamei by touching or being in the same room as a corpse; or (3) consume any product of a grapevine. If he specifies a period of time for which he wishes his vow to be in effect, then he must follow all of these regulations for the time period specified.
(b)Upon the completion of his period of Nezirus, a Nazir offers three sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram as a Shelamim. Together with the Shelamim he brings 6 and 2/3 Esronos of Soles (fine flour) which are made into 20 loaves of Matzah, 10 Chalos (unleavened loaves) and 10 Rekikin (flat Matzos). He then shaves all of his hair and burns it in the fire underneath the pot in which the Shelamim is cooked (Bamidbar 6:18). See Background to Nazir 2:1.
15)[line 18]גולבאGULBA- (O.F. espelte) spelt
16)[line 19](שבילי) [שיבולי] תעלא(SHEVILEI) [SHIBOLEI] TA'ALA- [a grain whose] stalks [are similar in appearance to the tail] of a fox
17a)[line 19]אורזOREZ- (a) millet (RASHI Berachos 37a); (b) rice (TOSFOS ibid.)
b)[line 19]ודוחןDOCHAN- (a) panic grass, a type of millet (RASHI ibid.); (b) millet (TOSFOS ibid.)
18)[line 23]סירחוןSIRCHON- spoilage
19a)[line 25]דקדים ומחמיץD'KADIM U'MACHMITZ- that it becomes Chametz quickly
b)[line 25]קרוב להחמיץ הוי חמץ גמור לא הויKAROV L'HACHMITZ HEVEI, CHAMETZ GAMUR LO HEVEI- it becomes something close to Chametz, but not true Chametz. According to this understanding of the words of Rebbi Yochanan ben Nuri, one who eats such a dish would neither incur Kares if he ate it intentionally, nor would he be required to bring a Korban Chatas if he ate it unintentionally.
20)[line 28]שיצניתאSHEITZANISA- (a) Ketzach (O.F. neele); fennel flower, a sweet-smelling herb whose seeds are used for flavoring; alt. black cumin; (b) (O.F. esdarnele) rye-grass
21)[line 29]דמשתכחא ביני כלניתאD'MISHTAKCHA BEINEI KALNISA- that is [generally] found [growing] among poppies (O.F. mac)
22)[line 32]מנמנםMENAMNEM- dozing
23)[line 35]מצה עשירהMATZAH ASHIRAH- "rich" Matzah; that is, Matzah "enriched" with wine, oil or honey. Matzah that contains no water cannot be used for the Mitzvah of Matzah since the Torah refers to Matzah as "Lechem Oni," poor man's bread.
24a)[line 36]המחהוHIMCHAHU- (O.F. destenprer) [if] he soaked it (Matzah) [in water]
b)[line 36]וגמעוU'GEMA'O- and drank it (the mixture)
25)[line 38]אין אדם יוצא ידי חובתו בפסחEIN ADAM YOTZEI YEDEI CHOVASO B'PESACH- one does not fulfill his obligation [of eating Matzah] on Pesach [since this not the normal way to eat Matzah]
26)[line 38]איתער בהוIT'AR BEHU- he aroused himself before them
27)[last line]דרדקיDARDEKEI- lit. young ones; students who have not yet reached the level at which they are capable of proper analytical deduction
28)[line 5]אכסניאACHSANYA- (a) a Jewish army (RASHI here and on Berachos 47a); (b) a Jewish guest (TOSFOS Berachos ibid. DH u'Ma'achilin, RAMBAM Hilchos Ma'aser 10:11); (c) a non-Jewish army (TOSFOS Berachos ibid. and Eruvin 17b DH v'Es)
29)[line 10,19]שהקדימו בשיבלים הקדימו בכריSHE'HIKDIMO B'SHIBOLIN, SHE'HIKDIMO BA'KRI
(a)According to Torah Law, a person is required to tithe his grain only if he harvests it in a normal manner. This includes removing the chaff in the field, piling the grain there, and afterwards bringing it through the front door of his house (Berachos 35b). It is then Hukba l'Ma'aser (designated for tithing).
(b)After a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Although the Torah does not specify an amount that must be given, the Rabanan set the requirement at between one fortieth and one sixtieth of the total crop.
(c)Once Terumah is separated from the produce, the first tithe must be separated. One tenth of the remaining produce is given to a Levi; this is known as Ma'aser Rishon. The Levi, in turn, must separate one tenth of his Ma'aser Rishon and give it to a Kohen, as it states in Bamidbar 18:26. This is called Terumas Ma'aser.
(d)If a Levi comes to a field and claims Ma'aser Rishon from the produce before the grain was processed and separated from the stalks, Terumah Gedolah need not be given to the Kohen, as Reish Lakish derives from the wording of the verse (ibid.). Displacing Terumah in such a manner is called being "Makdim b'Shibolin" — preempting [Terumah by taking Ma'aser while the produce is still] in the stalk. If, however, a Levi comes to a field and claims Ma'aser Rishon from a Kri (a pile of processed grain kernels), he must separate Terumah Gedolah and give it to a Kohen from his portion. Since produce is classified as Dagan as soon as it is piled in a Kri, the requirement to give Terumah Gedolah was already present when the Levi took his Ma'aser, as the verse (Devarim 18:4) states, "Reishis Deganecha... Titen Lo" - "The first part of your Dagan — produce — shall you give him."
30)[line 21]האי אידגןHAI IDGAN- this one (the grain in the Kri) has been classified as "Dagan"
31)[line 27]מצות מצות ריבהMATZOS MATZOS RIBAH- The Torah repeats the term "Matzos" more times than would appear necessary in order to teach us that one need not use Matzah which is fit for all Jews.
32)[line 29]שזרעו בעציץ שאינו נקובSHE'ZAR'O B'ATZITZ SHE'EINO NAKUV- that he planted it in a pot with no drainage hole. Since such a plant receives no sustenance from the ground underneath, one is required to separate Terumos and Ma'asros only mid'Rabanan.
33)[line 36]אסימוןASIMON- a blank; a metal disc lacking the form of a coin
34)[line 37]צורהTZURAH- a design
35)[last line]אין איסור חל על איסורEIN ISUR CHAL AL ISUR
(a)That which is prohibited by the Torah for one reason cannot become any more prohibited, even if a different prohibition would seem to apply as well. This principle is known as Ein Isur Chal Al Isur. There are a number of exceptions to this rule (Chulin 101a):
1.Isur b'Vas Achas - Two different Isurim can take effect if they become applicable at the same instant.
2.Isur Kollel - The second Isur is more inclusive than the first Isur, and includes the first Isur within it (e.g. the prohibition of eating on Yom Kippur, which includes not only Neveilos, but Kosher foods as well).
3.Isur Mosif - The second Isur adds a new dimension of Isur to the first (such as a prohibition which forbids an object to people who were not forbidden by the first Isur, or one which adds an element of Isur Hana'ah to a previous Isur Achilah).
4.Isur Chamur - According to Rebbi Yehudah, a more stringent Isur will rest upon an object which is already prohibited by a less stringent Isur (e.g. the prohibition of Gid ha'Nasheh will further prohibit the Gid ha'Nasheh of a non-Kosher animal. Gid ha'Nasheh is more stringent than the prohibition against eating non-Kosher meat as is evidenced from that which it applied to the Bnei Yakov even when they were still permitted to eat non-Kosher animals).
(b)Rebbi Shimon maintains that an object upon which a prohibition rests cannot become prohibited by an additional Isur, even if the second Isur is Kolel, Mosif, or Chamur.