ROSH HASHANAH 26-30 - Dedicated Dr. Shalom Kelman of Baltimore, MD. May the Zechus of helping thousands study the Torah provide a Refu'ah Sheleimah for his father, Dr. Herbert (Isser Chayim ben Itta Fruma) Kelman.

[28a - 50 lines; 28b - 48 lines]

1)[line 2]קודם שיעלה עמוד השחרKODEM SHE'YA'ALEH AMUD HA'SHACHAR- before daybreak. The Mitzvah to blow the Shofar must be performed during the day. This is derived from that which the Torah refers to Rosh Hashanah as a day of Shofar-blowing (Bamidbar 29:1).

2)[line 8]בור מקום חיובא הוא לאותן העומדין בבורBOR MAKOM CHIYUVA HU L'OSAN HA'OMDIM BA'BOR- A Shofar blast heard in a pit is valid for one who is in the pit. Although according to the current understanding of the Gemara, some of the blast was heard when the individual in question was out of the pit, he has still fulfilled his Mitzvah. This is because all that is necessary is that one hears part of a possibly valid blast.

3a)[line 12]בראשונהRISHONAH- the first [of two successive Teki'os, one after a Teru'ah and the second before the next Teru'ah]

b)[line 12]בשניהSHENIYAH- the second [of two successive Teki'os, one after a Teru'ah and the second before the next Teru'ah]

4)[line 13]תסלק לה בתרתיTISALEK LEI B'TARTEI- [although the end of the first blast and the beginning of the second one are missing] let this [double-length blast] count as two [Teki'os]

5)[line 14]פסוקי תקיעתא מהדדיPESUKEI TEKI'ASA ME'HADADI- splitting one [long] blast into two

6a)[line 15]הבורBOR- a well dug in hard earth

b)[line 15]הדותDUS- a well dug in soft earth that has been lined with a wall of stones that rises above the surface of the ground. A cover is generally placed over a Dus (BI'UR HALACHAH Orach Chayim 587:1, explaining the opinions of Rashi and the Rambam).

c)[line 16]הפיטסPITAS- (O.F. ponton) a large barrel

7)[line 17]הברהHAV'ARAH- the echo

8)[line 17]ליפוקLEIPUK- let him fulfill [the Mitzvah]

9)[line 18]מקמי דליערבב קלאMEKAMEI D'LI'ARBEV KALA- before the sound [of the Shofar blast] becomes mixed [with the sound of the echo]

10)[line 19]בתוקע ועולה לנפשיהTOKE'A V'OLEH L'NAFSHEI- one who is blowing [the Shofar] for himself as he arises [from a pit]

11)[line 20]זמנין דמפיק רישיהZIMNIN D'MAFIK REISHEI- sometimes [the part of] his head [whereupon his ears are located] comes out of the pit

12)[line 22]עולהOLAH (KORBAN OLAH)

(a)An Olah sacrifice has the status of Kodshei Kodashim (see Background to Yoma 36:1), and is required of both the Tzibur (e.g., the Korban Tamid) and an individual under various circumstances. Voluntary Olos (Olos Nedavah) may be offered as well. An Olah must be brought by an individual to atone for the transgression of an Aseh (a positive commandment), a Lav she'Nitak l'Aseh (see Background to Yoma 36:19), or certain sinful thoughts (see Vayikra Rabah 7:3).

(b)One who offers a Korban Olah first leans on the animal with all his might (Semichah) in the northern area of the Azarah. He then recites Viduy, confessing his sin and asking HaSh-m for forgiveness. The animal is then immediately slaughtered. The blood of the Olah is applied to the lower half of the Mizbe'ach at the northeastern and southwestern corners only, in such a way that there is Dam on all sides of the Mizbe'ach (Shtayim she'Hen Arba). The Korban is then skinned and dismembered. An Olah is unique in that the meat of the animal is burned in its entirety. The skin of the animal, however, is given to the Kohanim. An Olah must be burned on the same day that it is slaughtered. Nesachim (see Background to Yoma 31:30) are offered together with a Korban Olah.

(c)In our Gemara, Rav Yehudah discusses the Halachic status of a Shofar removed from a live animal consecrated as a Korban Olah.


(a)A person may offer a Korban in the Beis ha'Mikdash as a voluntary sacrifice, as the Torah states in Vayikra 1:2. Voluntary Korbanos may be Olos (which are burned entirely on the Mizbe'ach, see Vayikra 1:2-17, 6:1-6), Shelamim (parts of which are eaten, see Vayikra 3:1-17, 7:11-21, 7:28-37) or Menachos (flour offerings, see Vayikra 2:1-13, 6:7-11, 7:9-10).

(b)Korbenos Shelamim which are offered by an individual may be brought from male or female sheep, cows or goats. They are Kodshim Kalim, and may therefore be slaughtered anywhere in the Azarah (and are not limited to the northern part). Before its slaughter, the owner places his hands on the head of his animal and leans on it with all of his might (Semichah). The blood of the Shelamim is applied to the lower half of the Mizbe'ach at the northeastern and southwestern corners only (Shtayim she'Hen Arba). Nesachim (meal offerings consisting of flour, oil, and a wine libation) are brought along with the Korban (Bamidbar 15:3-12). The meal offering is completely burned on the Mizbe'ach, and the wine is poured into one of the Sefalim (the silver libation pipes located at the top of the southwest corner of the Mizbe'ach) (RAMBAM and RA'AVAD Hilchos Ma'aseh ha'Korbanos 2:1). The amount of flour, oil and wine required depends upon the animal offered (see Bamidbar ibid.).

(c)The Chazeh (breast) and Shok (thigh) of the Shelamim are given to the Kohen (Vayikra 7:34). Certain fats and other parts of the Korban are offered on the Mizbe'ach (Vayikra 3:3-4, 9-10, 14-15). The owner and his guests (men or women) eat the rest of the Korban within the borders of Yerushalayim. The meat may be cooked in any fashion, and may be eaten for two days and the intervening night.

(c)In our Gemara, Rav Yehudah discusses the Halachic status of a Shofar removed from a live animal consecrated as a Korban Shelamim.

14)[line 24]בת מעילה היא... דלאו בני מעילהBAS ME'ILAH... LAV BNEI ME'ILAH (ME'ILAH: KODSHEI KODASHIM /KODASHIM KALIM)

(a)One may not derive any personal benefit from Hekdesh (that which is consecrated for use in the Beis ha'Mikdash) (Devarim 12:17). The minimum amount of benefit over which one transgresses this prohibition is a Perutah's (the smallest denomination) worth.

(b)If one benefited from Hekdesh intentionally, he is liable to receive Malkus (according to the Rabanan; according to Rebbi he is liable for Misah b'Yedei Shamayim). In addition, he must reimburse Hekdesh for the benefit which he received. The object itself remains Hekdesh.

(c)If one benefited from Hekdesh unintentionally, he must offer a ram worth a minimum of two Sela'im as an Asham Me'ilah. He must then reimburse Hekdesh for the value of his benefit plus an additional fifth (of the ensuing total, equal to a quarter of the original value). The object then loses its Kedushah. Our Gemara makes clear that this is true only of any object that has the status of Kedushas Damim (i.e. it itself is not useable by Hekdesh, but rather its value is consecrated to Hekdesh). An object with the status of Kedushas ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or live animals pledged to be offered as certain Korbanos) does not lose its Kedushah under any circumstances.

(d)A horn cut from a live Korban Olah has the status of Kedushas Damim, since it itself is not offered on the Mizbe'ach. It will therefore lose its status as Hekdesh should one mistakenly derive benefit from it. A horn cut from a Korban Shelamim is not subject to the specific Halachos of Me'ilah as described above. This is because a Korban Shelamim has the status of Kodshim Kalim, which is a lighter level of Kedushah than that of an Olah, which is Kodshei Kodashim (see Background to Yoma 36:1). Although it is still prohibited to derive benefit from a Shelamim due to the prohibition of Me'ilah, it does not lose its Kedushah nor is one required to offer an Asham Me'ilah.

15)[line 26]איסורא הוא דרכיב בהוISURA HU D'RACHIV B'HU- there is merely a prohibition attached to it (see previous entry, (d))

16)[line 30]מצות לאו ליהנות ניתנוMITZVOS LAV LEIHANOS NITNU

(a)Many items are classified by the Torah as Isurei Hana'ah (items from which one may derive no benefit). These include Orlah fruits (see Background to 2:6), Kil'ei ha'Kerem (see Background to Beitzah 3:25), Eglah Arufah (see Background to Yoma 60:5), Tziporei Metzora (see Background to Sukah 13:10:III), the hair of a Nazir (see Background to Beitzah 35:23), Shor ha'Niskal (see Background to Pesachim 22:10), Avodah Zarah (see Background to Shabbos 82:35), the possessions of a Ir ha'Nidachas (see below, entry #17), Peter Chamor (see Background to Yoma 49:38), Basar b'Chalav (see Background to Beitzah 12:9), Chulin she'Nishchetu ba'Azarah (see Background to Pesachim 22:1), a corpse (Avodah Zarah 29b), and a grave or shrouds (Sanhedrin 47b).

(b)The Amora'im disagree whether or not one is permitted to utilize an object that is Asur b'Hana'ah in the observance of a Mitzvah (here and Chulin 89a). The crux of the issue is whether the performance of a Mitzvah is classified as deriving benefit, or not. Rava rules that the spiritual pleasure experienced due to the performance of a Mitzvah is not "Hana'ah." Mitzvos are not there for our benefit; they serve to obligate us to act in certain ways or cease from certain actions. It is therefore permissible to utilize Isurei Hana'ah in the performance of a Mitzvah. Rav Yehudah maintains that one is Halachically considered to derive benefit from that through which he fulfills a Mitzvah, and he must therefore refrain from utilizing Isurei Hana'ah.

(c)Even Rava agrees that one should ideally refrain from using an object connected with Avodah Zarah in the performance of a Mitzvah. Although he is not deriving any benefit from it, that which was used in idol worship is disgusting to HaSh-m and is therefore not suited to Mitzvah performance, which is the carrying out of HaSh-m's will (last RASHI to Chulin 89a).

17)[line 32]לא יתקעLO YISKA- one should not blow [since it abhorrent to use that which was used in idol worship for a Mitzvah (see previous entry (c))]

18)[line 33]עיר הנדחתIR HA'NIDACHAS

If an entire city has strayed (Nidach) to the extent that most of its inhabitants practice idolatry, it must be eradicated. All those who worshipped idols are put to death, while the buildings of the city are razed and its possessions burned (Devarim 13:13-19). Those righteous individuals who did not sin are allowed to remain alive, but they must leave the city bereft of all that they owned.

19)[line 34]כתותי מיכתת שיעוריהKATOSEI MECHATAS SHI'UREI

(a)Many Mitzvos require a specified minimum amount of the item necessary to fulfill that Mitzvah. For example, one must eat a k'Zayis of Matzah, hold a Lulav that is at least four Tefachim long, etc.

(b)If one wishes to utilize an item in the performance of these Mitzvos that is Halachically required to be burned, then the concept of "Katosei Mechatas Shi'urei" - "the size is negligible, as if it has been chopped up" - applies. Such an object cannot be used for any Mitzvos which require a minimum Shi'ur. This is because the object is Halachically considered to be already destroyed.

(b)The Rishonim disagree as to whether this concept means that the object is Halachically nonexistent or merely very small. One example of where this distinction is important is the opinion of the Rambam in Hilchos Shabbos (17:12). The Rambam rules that an Asheirah tree (which must be burned) used as the Lechi (pole) of an Eruv is valid, as the required Shi'ur of a Lechi is that of a "Mah'shehu" - "a tiny bit."

(c)There is much discussion among the Rishonim as to whether Katosei Mechatas Shi'urei applies to everything that one may not deriving benefit from (even when other methods of destruction such as burying, dispersing in the wind, etc. are acceptable), or only to that which must be burned. The most compelling argument that it applies only to that which must be burned is the ruling of Rava that one has fulfilled the Mitzvah of Lulav if he used a Lulav of Avodah Zarah (which must be destroyed, but not necessarily through burning). Other commentaries explain that this is because the Halachah of Katosei Mechatas Shi'urei does not relate to the Avodah Zarah of a Nochri, as it may still undergo Bitul (annulment), thereby obviating the need to burn it (see ROSH 3:9 and Rishonim to Sukah 31b, as well as Insights there). Some opinions maintain that this rule applies only to that which it is a Mitzvah to burn, even if that Mitzvah is mid'Rabanan. Yet others imply that it applies only to that which it is a Mitzvah mid'Oraisa to burn. (See top TOSFOS to Yevamos 104a, TOSFOS Sukah 35a DH Lefi, and Rishonim there.)

(d)Another question concerning the concept of Katosei Mechatas Shi'urei is whether or not it is synonymous with the opinion of Rebbi Shimon, who rules that "anything intended for burning is already considered burned" (Menachos 102b). Those Rishonim who link these two concepts naturally maintain that the Rabanan who argue with Rebbi Shimon do not agree with the concept of Katosei Mechatas Shi'urei (RITVA to Sukah 3b; see also RASHI to Chulin 89b DH Shi'ura).

20)[line 35]המודר הנאה מחבירוHA'MUDAR HANA'AH ME'CHAVEIRO- one who may not derive benefit from the property of another as a result of a vow made by that other

21)[line 38]מזה עליו מי חטאתMAZEH ALAV MEI CHATAS

If a person or utensil becomes Tamei by touching a Mes or being in the same room as a Mes (or a part of a Mes which is Metamei b'Ohel), he/it must wait seven days before he/it is able to go to the Mikvah in order to become Tahor. On the third and seventh days, Mei Chatas is sprinkled on the person or utensil. Mei Chatas is a mixture of ashes of a Parah Adumah and spring water. A person who is Tahor dips three Ezov branches which have been bound together into the mixture, and sprinkles them upon the person or utensil which is Tamei. After this process is complete, the person or utensil is immersed in a Mikvah. Once night falls, the purification process is complete (Bamidbar 19:17-19).)

22a)[line 39]בימות הגשמיםBI'YEMOS HA'GESHAMIM- in the winter [when he is cold and it provides no physical pleasure]

b)[line 39]אבל לא בימות החמהAVAL LO BI'YEMOS HA'CHAMAH- but not in the summer [when he is warm and it cools him down]

23)[line 43]כפאוKEFA'O- if one forced him

24)[line 44]שדSHED- a demon

25)[line 44]עתים חליםITIM CHALIM- [one who is] at times sane

26)[line 45]הרי הוא כפקח לכל דבריוHAREI HU K'FIKE'ACH L'CHOL DEVARAV- he has the full status of one who is in control of his mental faculties [and he may testify as a witness in Beis Din, marry a wife, etc.]

27)[line 47]פרסייםPARSIYIM- Persians [or, for that matter, any other Nochrim]

28)[line 48]התוקע לשירHA'TOKE'A L'SHIR- one who blows [a Shofar] in order to produce a musical note


29)[line 1]מתעסק בעלמאMIS'ASEK B'ALMA- is simply busy [with an action completely unrelated to the Mitzvah of producing Shofar blasts]

30)[line 2]מצות אין צריכות כוונהMITZVOS EIN TZERICHOS KAVANAH

(a)Whether or not the physical act of a Mitzvah must be accompanied by the realization that a Mitzvah is being performed is the subject of a Tanaic dispute. One opinion maintains that Mitzvos Ein Tzerichos Kavanah. This means that, b'Di'eved, such an action does constitute a fulfillment of that Mitzvah. Other Tana'im are of the opinion that Mitzvos Tzerichos Kavanah; the performance of a Mitzvah must include an awareness that one is accomplishing a Mitzvah through his action(s).

31)[line 3]היה קורא בתורהHAYAH KOREI BA'TORAH- if one happened to be reading [the portion of Keri'as Shema] in the Torah [at the time that one is required to do so]

32)[line 6]בקורא להגיהB'KOREI L'HAGI'AH- when he is reading aloud to check the accuracy of another Sefer Torah. In such a case, one generally reads the words as they appear, and not as they are correctly pronounced. This form of "reading" is not valid for the Mitzvah of Keri'as Shema.

33)[line 17]דקא מנבח נבוחיD'KA MENABE'ACH NEVUCHEI- that he [intended to] (a) produce short barking sounds [that are shorter than the minimum required length for the Mitzvah, and inadvertently produced blasts that meet the required length] (RASHI as explained by TOSFOS DH d'Ka); (b) [simply blow air through the Shofar without producing any sound, and inadvertently] produced barking sounds [that are valid for the Mitzvah] (TOSFOS DH d'Ka)

34)[line 19]בשמיניSHEMINI- Shemini [Atzeres, the day following the seven-day festival of Sukos]

35)[line 19]ילקהYILAKEH - he receives lashes (BAL TOSIF / BAL TIGRA)

(a)One may not add onto or detract from any Mitzvah in the Torah, even temporarily (Devarim 13:1; see SEFER HA'CHINUCH #454-455. According to the RAMBAM in Hilchos Mamrim 2:9, the source for this Mitzvah is Devarim 4:2). One who transgresses either of these prohibitions in front of witnesses, after receiving a proper warning, is liable to receive Malkus.

(b)The commandment of "Bal Tosif" - "do not add" - can be transgressed in many ways. One transgresses the prohibition of Bal Tosif if he performs a Mitzvah at any time other than that commanded by the Torah, if he adds quantitatively onto a Mitzvah of the Torah (such as placing five Parshiyos instead of four into Tefilin, or taking five species instead of four on Sukos), and if he adds a completely new Mitzvah to the Torah. Similarly, "Bal Tigra" - "do not subtract" - can be transgressed if he does not perform a positive Mitzvah when it is incumbent upon him to do so (in addition to the transgression of not performing that Mitzvah - SIFRI #30), if he subtracts quantitatively from a Mitzvah of the Torah (such as placing three Parshiyos instead of four into Tefilin, or taking three species instead of four on Sukos), and if he claims that a certain negative commandment is not prohibited at all or only prohibited mid'Rabanan. (The third example given for both Bal Tosif and Bal Tigra is in accordance with the opinion of the RAMBAM, Hilchos Mamrim 2:9. The Ra'avad maintains that one does not transgress Bal Tosif or Bal Tigra by adding or subtracting an entire Mitzvah.)

(c)These prohibitions do not prevent Beis Din from forming new Rabbinic Mitzvos (such as the reading of Megilas Esther) or enacting Rabbinic prohibitions (such as the prohibition of blowing the Shofar on Shabbos). Numerous explanations are offered by the Rishonim to explain why this is so. The Rambam (ibid.) and other Rishonim (see Rabeinu Bachya, Devarim 4:2) explain that the Torah only prohibits adding a Mitzvah when one claims that the additional Mitzvah is a Torah prohibition (or commandment). By adding to the Torah in such a manner, a person shows that in his view the Torah is imperfect (see also Sefer ha'Chinuch ibid.). This does not apply to Rabbinic prohibitions. The Chachamim who put these new laws in practice do not claim that they are Torah commandments; rather, they are enacted in order to preserve that which is commanded in the Torah. Similarly, Chazal saw it necessary, at times, to add Mitzvos Aseh in order to preserve or make it easier to fulfill the Mitzvos of the Torah (see, for example, Rambam at the end of his list Minyan ha'Mitzvos ha'Katzar). There are many other reasons why Rabbinic decrees and Mitzvos do not fall into the category of Bal Tosif or Bal Tigra (see Sefer ha'Chinuch 454:2 at length).

(d)Amora'im disagree about whether or not one transgresses Bal Tosif if he performs a Mitzvah at a time other than that commanded by the Torah when he does not intend for his action to be considered a Mitzvah. The consensus of the Poskim follows the opinion of Rava in our Gemara, who maintains that such intent is necessary in order to transgress Bal Tosif. For this reason, if one sits in a Sukah at a point during the year other than Sukos he does not transgress the prohibition of Bal Tosif unless he intends to fulfill a Mitzvah by sitting in it then. (The various Minhagim practiced when sitting in a Sukah on Shemini Atzeres in order to demonstrate that one does not intend to fulfill the Mitzvah d'Oraisa of Sukah are Rabbinic in nature. As long as one does not positively intend to fulfill the Mitzvah, his act does not transgress Bal Tosif; see Ba'al ha'Me'or, Sukah 48a.)

(e)There is much discussion among the Rishonim and Acharonim regarding the circumstances under which the prohibitions of Bal Tosif and Bal Tigra would not apply. For example, one does not transgress Bal Tosif if he repeats a Mitzvah (or refrains from performing it) out of uncertainty as to whether or not he has already fulfilled the Mitzvah (RITVA, Rosh Hashanah 16b). In addition, Tosfos (DH Mena Seimra) posits that one does not transgress Bal Tosif if he repeats the performance of a Mitzvah (such as by taking an Esrog and Lulav a second time on Sukos, or blowing additional blasts on a Shofar on Rosh Hashanah). For further discussion of these and related points, see Insights here as well as those 33a and Sukah 34b.

(f)Abaye suggests that according to Rava who maintains that one need not have intention to fulfill a Mitzvah in order to do so, one should likewise receive Malkus (lashes) for sitting in a Sukah on the day after Sukos, even though he has no intention to fulfill a Mitzvah by doing so.

36)[line 20]אינו עובר עליהןEINO OVER ALEIHEN- one does not transgress [the prohibition of Bal Tosif] by performing them

37)[line 21]שעולה לדוכןOLEH L'DUCHAN (BIRKAS KOHANIM)

(a)Kohanim have a Mitzvah to bless the rest of Klal Yisrael with the three-fold blessing recorded in the Torah (Bamidbar 6:22-27). In the Beis ha'Mikdash, the Kohanim pronounce the name of HaSh-m in the blessings with the Shem ha'Mefurash (as it is written) (Sotah 38a; see Insights to Yoma 37:1).

(b)The Kohanim stand on a raised platform when blessing the nation in the Beis ha'Mikdash. The act of blessing is therefore referred to as "Oleh l'Duchan" - "rising to the platform" - even when it is performed elsewhere.

38)[line 29]מתרמיMISRAMI- happen [to present itself]

39)[line 30]ומנא תימראU'MENA SEIMRA- and from where can it be proven [that if it is still possible to perform a Mitzvah then it is considered the time period in which that Mitzvah can be fulfilled]?

40a)[line 31]הניתנין במתנה אחת... מתן ארבעHA'NITANIN B'MATANAH ACHAS ... MATAN ARBA (ZERIKAS HA'DAM)

(a)The Dam ha'Nefesh (lifeblood) that exits the body of every Korban (sacrifice) following its slaughter is collected in a bowl (Kabalas ha'Dam). It is then applied to the Mizbe'ach. Depending upon the Korban, there are three possible ways that the blood is applied:

1.In the case of a Korban Chatas, it is applied to the Keranos (cubic Amah posts upon the corners of the Mizbe'ach) beginning with the southeastern corner of the Mizbe'ach and continuing to the northeastern, northwestern, and southwestern corners. The Kohen accomplishes this by dipping his finger into the bowl and then applying it to each corner.

2.The blood of Korbenos Olah (see Background to Kidushin 55:3), Asham, Shelamim (see Background to Kidushin 55:4), and Todah (see Background to Kidushin 51:7) is applied in a manner known as "Shtayim she'Hen Arba" - "two that are four." This means that the blood is applied twice, but to four sides of the Mizbe'ach. First the Kohen walks to the northeastern corner of the Mizbe'ach and applies the blood to the eastern and northern sides of the Mizbe'ach with a single swipe, and then he walks west and then south until he reaches the southwestern corner, at which point he applies the blood to the western and southern sides with a single swipe. This blood is applied below the Chut ha'Sikra (red line that horizontally divides the Mizbe'ach in half), whereas that of a Chatas is applied to the Keranos above the Chut ha'Sikra.

3.The blood of a Korban Pesach (see Background to Sukah 42:39), Bechor (see Background to Rosh Hashanah 28:41), or Ma'aser Behemah (see Background to Rosh Hashanah 18:15) is applied only once to the Mizbe'ach. This is accomplished through dashing it from the bowl within which it was collected against any side of the Mizbe'ach below the Chut ha'Sikra, with the exception of the southeastern corner.

(b)It is through this service that atonement is gained for he who offers the Korban (Vayikra 17:11).

41)[line 34]לא נאמר בל תוסיף אלא כשהוא בעצמוLO NE'EMAR BAL TOSIF ELA KESHE'HU B'ATZMO- the prohibition of Bal Tosif only applies to [the blood of a Bechor] that is not mixed with other blood [and there is therefore no reason not to apply the mixture to all four sides of the Mizbe'ach in order to fulfill the Mitzvah of Zerikas ha'Dam for the other Korbanos]

42)[line 38]מבכורBECHOR

(a)Every first-born male offspring of an ox, goat, or sheep is Kadosh when it comes out of its mother's womb. Nevertheless, there is a Mitzvah for the owner of the animal to sanctify it by verbally declaring it to have the Kedushah of a Bechor, similar to the way in which one is Makdish a Korban (Erchin 29a, based on Devarim 15:19). He must then give it to a Kohen; it may not be redeemed.

(b)If the animal is unblemished, the Kohen must bring it as a Korban during its first year. After its blood and Emurim (see Background to Yevamos 7:8 and 100:9) are offered on the Mizbe'ach, it may be eaten in Yerushalayim during the following two days and the intervening night.

(c)If the animal has or develops a Mum (blemish), it becomes the property of the Kohen and it is slaughtered and eaten during its first year. If it developed a Mum after the first year, it must be slaughtered and eaten within thirty days. The Kohen may give it away or sell it - even to a non-Kohen. However, it may not be sold in a meat market or weighed in the usual manner, nor may it be redeemed with money.

(d)When there is no Beis ha'Mikdash, a Kohen must care for a Bechor until it develops a Mum. Alternatively, he can sell it, even if it has no Mum, to a non-Kohen, who may eat it after it develops a Mum. One may not, however, buy it in order to sell it at a profit (Sefer ha'Chinuch #393, #445).

43)[line 41]שביקSHAVIK- reject

44)[line 45]לא סגי דלא יהיבLO SAGI D'LO YAHIV- it is not an option not to apply [the blood of the second Bechor to the Mizbe'ach]

45)[line 46]לעבורLA'AVOR- to transgress [Bal Tosif]

46)[last line]לשמעיהSHAM'EI- his servant