PESACHIM 97 (Hoshana Raba) - dedicated by Gedalliah Jawitz in honor of the Yahrzeit of his father, Yehuda ben Simcha Volf Jawitz.

[97a - 37 lines; 97b - 25 lines]

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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.

[1] Tosfos 97a DH u'Chelala Hu וכללא הוא:

The words "d'Iy Mes Kodem Chatzos" דאי מת קודם חצות

should be "d'Iy Mes Achar Chatzos" דאי מת אחר חצות (RASHASH)

[2] Rashi 97b DH Ka Mashma Lan קמשמע לן

The words from "v'Hashta Af Al Gav d'Ukimna li'Shmuel" והשתא אף על גב דאוקימנא לשמואל until the end of the Dibur are not found in the manuscripts (Dikdukei Sofrim #5) as is implied by Tosfos DH Ela.

[3] Tosfos 97b DH Ela [line 8] ד"ה אלא:

The words "d'Lav Avudah (Hi) b'Pesach" דלאו אבודה בפסח

should be "d'Lav Avudah (Hi) ka'Pesach" דלאו אבודה קא פסח (RASHASH)


1)[line 7]כל שבחטאת מתהKOL SHEB'CHATAS MESAH (CHATA'OS HA'MESOS)

(a)There are five Chata'oss that are put to death by being locked up without food until they expire, as taught by a Halachah l'Moshe mi'Sinai. They are:

1.The offspring of a Chatas (which also has the Kedushah of a Chatas)

2.The Temurah (see Background to Pesachim 96:17) of a Chatas

3.A Chatas whose owner has died

4.A sheep or goat designated as a Korban Chatas which is now older than one year (and therefore invalid as a Korban Chatas)

5.A Chatas that was lost and was later found with a Mum, whose owner brought a different Chatas to atone for his sin (Temurah 21b).

2)[line 36]אבידת לילה לאו שמה אבידהAVEIDAS LAILAH LAV SHEMAH AVEIDAH

(a)If an animal designated as a Korban is lost for a period of time when it was unable to be sacrificed, it is not considered to have been lost. Any animal lost overnight has this status, as no sacrifices may be offered at night.

(b)A Korban Pesach lost — and then found — prior to midday of the 14th of Nisan is not Avud, because the time during which it may be offered has not yet arrived.


3)[line 2]שתי חטאות לאחריותSHTEI CHATA'OS L'ACHRAYUS

(a)One who wishes to insure against losing his Korban Chatas may designate two animals for his Chatas, saying, "I hereby designate one of these animals as my Korban Chatas. If case that animal should get lost, the other one will be my Korban Chatas in its stead." If one of the animals is indeed lost, the other one may be offered as his Chatas.

(b)If neither animal is lost, then one animal is offered as a Chatas. A Halachah l'Moshe mi'Sinai teaches that although the second animal should have no Kedushah according to the stipulated terms, it also receives the status of a Chatas to a certain degree. It is called "a Chatas designated for Achrayus (as a substitute)," and it must be put out to pasture until it develops a blemish. It may then be redeemed (TOSFOS DH Hifrish).

4)[last line]שיסתאבSHE'YISTA'EV- it develops a Mum (a disqualifying blemish)