[5a - 41 lines; 5b - 49 lines]
1)[line 1]מומחה לרביםMUMCHEH LA'RABIM- an expert for the masses (the Gemara proceeds to define this term; see also TUR CHOSHEN MISHPAT 3:2 in the name of RAV SHERIRA GAON)
2)[line 2]כגון אנאKEGON ANA- such as myself
3a)[line 4]דגמירנאGAMIRNA- I have learned [the laws of the Torah and previous rulings from my teachers]
b)[line 5]וסבירנאSAVIRNA- I know how to (a) give reasons for and answer questions upon rulings on my own (RASHI); (b) derive one ruling from another (RASHI to Horayos 2b)
c)[line 5]ונקיטנא רשותאNAKITNA RESHUSA- I have received permission [from the Reish Galusa (see below, entry #9:c) to judge monetary matters by myself]
4)[line 6]דיניה לא דינאDINEI LO DINA- his ruling is not [considered] a [Halachic] judgment [and therefore money that he has ordered one person to give another must be returned]
5)[line 7]דמר זוטרא בריה דרב נחמןMAR ZUTRA BREI D'RAV NACHMAN- Mar Zutra, son of Rav Nachman (who had learned and was able to reason, but had not received permission from the Reish Galusa to judge by himself)
6)[line 8]וטעהTA'AH- he made an error [in a monetary matter such that he ruled against the Halachah]
7)[line 9]אם קיבלוך עלייהוIM KIBLUCH ALAIHU- if they accepted you[r ruling] upon themselves [regardless of its Halachic accuracy]
8)[line 10]זיל שליםZIL SHLIM- go and pay [he whom you caused to lose money unjustly]
9a)[line 11]האי מאן דבעי למידן דינאHAI MAN D'BA'I L'MEIDAN DINA- one who wishes to judge a case
b)[line 12]ואי טעה מיבעי למיפטראV'IY TA'AH MIBA'I L'MIFTERA- and wishes to be exempt [from payment] if he errs
c)[line 12]לישקול רשותא מבי ריש גלותאLI'SHKOL RESHUSA MI'BEI REISH GALUSA- should receive (lit. take) permission from the household of the Exilarch, who held the hereditary position of religious leader of Babylonian Jewry. The position of Reish Galusa was the Babylonian equivalent of the position of Nasi in Eretz Yisrael.
10)[line 14]פשיטאPESHITA- [the following] is clear
11a)[line 15]מהכא להכאME'HACHA L'HACHA- from [permission received from the Reish Galusa] here [in Bavel] to [judge by oneself] here [in Bavel]
b)[line 15]ומהתם להתםME'HASAM L'HASAM- from [permission received from the Nasi] there [in Eretz Yisrael] to [judge by oneself] there [in Eretz Yisrael]
12a)[line 16]דהכא "שבט"HACHA SHEVET- here [in Bavel we have] a great degree of authority [and we may even confiscate money and administer corporal punishment, and therefore permission received from the Reish Galusa to rule in monetary matters is very meaningful] (see entry #13)
b)[line 16]והתם "מחוקק"HASAM MECHOKEK- there [in Eretz Yisrael the Romans allow them only] a lesser degree of authority (see Insights)
13)[line 17]"לֹא יָסוּר שֵׁבֶט מִיהוּדָה, וּמְחוֹקֵק מִבֵּין רַגְלָיו...""LO YASUR SHEVET MI'YEHUDAH, U'MECHOKEK MI'BEIN RAGLAV..."- "Yehudah shall not lack a ruler, nor teachers of students from between his feet..." (Bereishis 49:10). The word "Shevet" means a rod; in this verse it symbolizes a ruler.
14)[line 18]שרודיןRODIN- they [have the authority to] strike
15)[line 19]בני בניו של הללBNEI BANAV SHEL HILLEL- the descendants of Hillel [who served as Nesi'im in Eretz Yisrael (see Pesachim 66a)]
16a)[line 21]דרבה בר חנהRABAH BAR CHANAH- Rabah son of Chanah [who received permission to judge by himself from the Nasi in Eretz Yisrael (see Gemara below)]
b)[line 21]דן דינאDAN DINA- judged a monetary case [in Bavel]
17)[line 21]אתא לקמיה דרבי חייאASA L'KAMEI D'REBBI CHIYA- he came in front of Rebbi Chiya [in Eretz Yisrael (see Gemara below)]
18)[line 25]כי הוה מינצי בהדיKI HAVAH MINTZEI BAHADEI- when he would disagree with...
19)[line 26]לאו מינייכו נקיטנא רשותאLAV MINAICHU NEKITNA RESHUSA!- It is not from you that I have received permission [to judge]!
20)[line 28]מאבא מריABA MARI- my father, my master (i.e., Rav Huna)
21)[line 29]במילתא דעלמא הוא דאוקים להוB'MILSA D'ALMA HU D'UKIM LEHU- (the Gemara answers) he merely presented a general argument [but he did not actually mean it as a basis to be allowed to judge by himself]
22)[line 31]לעיירות העומדים על הגבוליןAYAROS HA'OMDIM AL HA'GEVULIN- cities that stand along the border [of Eretz Yisrael but outside of it, which are under the jurisdiction of Eretz Yisrael]
23a)[line 32]הוה נחיתHAVAH NACHIS- he went down
24a)[line 34]יורה? יורה.YOREH? YOREH.- May he rule in matters of prohibitions (i.e., non-monetary laws)? [Rebbi answered] he may rule in matters of prohibitions.
b)[line 34]ידין? ידין.YADIN? YADIN.- May he rule in monetary matters [and be exempt from payment if he errs]? [Rebbi answered] he may rule in monetary matters [and be exempt from payment if he errs].
c)[line 35]יתיר בכורות? יתיר.YATIR BECHOROS? YATIR - may he rule regarding [blemishes that develop on] first-born Kosher animals? He may... (BECHOR BEHEMAH TEHORAH)
(a)An ox, goat, or sheep first-born to its mother in the possession of a Jew, is automatically Kadosh (sanctified). Nevertheless, its owner should verbally sanctify it by declaring that it has the Kedushah of a Bechor, similar to the way in which one sanctifies 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 offer it as a Korban during its first year of life. 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 over the following two days and intervening night.
(c)An unblemished Bechor may not be redeemed by the Kohen with money. If the animal was born with or developed a Mum (a blemish that invalidates it as a Korban; see below), then it becomes the personal property of the Kohen, who must slaughter and eat it within its first year of life. If it developed a Mum after its first year, then it must be slaughtered and eaten within thirty days. A Kohen may give away or sell a Bechor with a Mum, even to a non-Kohen. He may not, however, sell it in a meat market nor weigh it in a standard manner.
(d)Following the destruction of the Beis ha'Mikdash, a Kohen must care for a Bechor until it develops a Mum. He may alternatively sell it even if it has no Mum to a non-Kohen, who may then eat it after it develops a Mum. He may not, however, sell it to an investor who wishes to sell it for a profit.
(e)Although the exact definition of the Mumin listed in the Torah is subject to dispute, all of the blemishes are known through tradition (RAMBAM, Peirush ha'Mishnayos to Bechoros 7:2). The following Mumin are those listed as invalidating (based partially on Rav Aryeh Kaplan's "The Living Torah"):
1.AVERES - a blind animal (even in one eye)
2.SHAVUR - an animal with a broken limb
3.CHARUTZ - an animal with a gash (this includes a perforated or split eyelid, nose, or lip, or a gash in the skin over any bone)
4.YABELES - an animal with a wart
5.GARAV - an animal infected with mange (similar to eczema)
6.YALEFES - an animal infected with ringworm
7.SARU'A - an animal with an extra or overgrown limb
8.KALUT - an animal with a missing limb or hooves that are not split
9.MA'UCH - an animal whose testicles were crushed by hand
10.KATUS - an animal whose testicles were crushed by an implement
11.NATUK - an animal whose testicles are pulled loose
12.KARUS - an animal with severed testicles
(f)Only a Bechor with a Mum Kavu'a (permanent blemish) may be eaten. If the Mum is Oveir (temporary) (e.g., boils), then the Bechor remains forbidden.
(g)Rebbi Chiya asked Rebbi if his nephew, Rabah bar Chanah, had permission to categorize Mumin in Bavel as Kavu'a such that they would be permitted to their owners. Rebbi responded that he indeed had such permission.
25)[line 38]אל יתירAL YATIR- he may not permit [Bechoros by classifying their Mumin as Kavu'a)
26)[line 39]הכי הוה מעשהHACHI HAVAH MA'ASEH- that was the story; i.e., the fact was that Rabah bar Chanah was the son of his brother, whereas Rav was the son of his sister
27)[line 39]איבוAIVU- father of Rav
28)[line 39]וחנהCHANAH- father of Rabah bar Chanah
29)[line 40]מכפריKAFRI- a place in Bavel
30)[line 40]רב בר אחוה דהוה בר אחתיהRAV BAR ACHUHA D'HAVAH BAR ACHASEI- Rav was the son of his (half) brother who was [also] the son of his (half) sister
5b----------------------------------------5b
31)[line 1]על שם חכמתוAL SHEM CHACHMASO- [Rebbi Chiya referred to Rav as "the son of my sister"] to reflect his [great] wisdom
32)[line 1]"אֱמוֹר לַחָכְמָה, 'אֲחוֹתִי אָתְּ', [וּמֹדָע לַבִּינָה תִקְרָא]""EMOR LA'CHOCHMAH, 'ACHOSI AT', [U'MODA' LA'BINAH SIKRA]"- "Say to wisdom, 'You are my sister,' [and call understanding 'friend']" (Mishlei 7:4). This verse exhorts one to be as familiar with wisdom and understanding as he is with his family and friends.
33)[line 4]טובאTUVA- to a great degree
34)[line 4]בקי(ע)BAKI('A)- expert
35)[line 4]במומיMUMEI- blemishes (see above, entry #24)
36)[line 5]גדלתיGIDALTI- lit. I grew; in this context, I spent time
37)[line 6]בהמה [דקה]BEHEMAH [DAKAH]- [small] animals [such as goats and sheep, the status of whose Mumin are difficult to determine] (Girsa and explanation of DIKDUKEI SOFRIM)
38)[line 6]מום קבוע... מום עוברMUM KAVU'A... MUM OVEIR- a permanent blemish ... a temporary blemish (see above, entry #24)
39)[line 7]לחלק לו כבוד לרבה בר חנהLA'CHALOK LO KAVOD L'RABAH BAR CHANAH- to allocate honor to Rabah bar Chanah [since he now was granted permission to rule upon that which his more illustrious cousin was denied]. This would not harm the reputation of Rav, who was already held in great esteem.
40)[line 8]הא גופיהHA GUFEI- this very thing
41)[line 9]טפיTFEI- more [so than average]
42)[line 9]ושרי מומיSHAREI MUMEI- he would permit Mumin [as Kavu'in]
43)[line 10]כי האי גוונא שרא רבKI HAI GAVNA SHARA RAV- Rav permitted such a blemish (without realizing that it was not, indeed, entirely similar)
44)[line 11]אי גמיר, רשותא למה לי למישקל?IY GAMIR, RESHUSA LAMAH LI L'MISHKAL?- if he had learned, what was the purpose of receiving permission [in matters of prohibitions]?
45)[line 14]מגבלין עיסותיהם בטומאהMEGABLIN ISOSEIHEM B'TUM'AH - they would knead their dough in a state of impurity (CHALAH)
(a)When one makes a bread-like dough using flour from one of the five species of grain (wheat, barley, oats, rye, or spelt), he must separate a small portion from the dough before eating from it. This portion, called Chalah, must then be given to a Kohen (Bamidbar 15:18-20).
(b)The Torah requirement to separate Chalah applies to a dough made with at least 43.2 Beitzim of flour (approximately 10.5 cups or 2.48 liters). One who makes a dough approximately half of this volume must separate Chalah mi'Safek and does not make a Berachah.
(c)No Shi'ur is specified in the Torah for the amount of dough to be designated as Chalah. The Chachamim, however, determined that a professional baker should separate 1/48 of his dough as Chalah, whereas one baking bread for his or her own household must separate 1/24.
(d)Ideally, one ought to separate Chalah from the dough before it is baked. If one did not separate Chalah before it was baked, then he must separate from the bread before it is consumed. Before Chalah is separated, the dough is referred to as "Tavul l'Chalah," and one who partakes of it b'Mezid (intentionally) is liable to receive the punishments of Malkus (see Background to Sotah 44:16) and Misah b'Yedei Shamayim (see Background to Gitin 55:42) (Makos 13a). (For dough kneaded in Chutz La'aretz, it is possible to separate Chalah from the remaining dough or baked product and retroactively exempt that which was eaten already.)
(e)Chalah has the Halachos of Terumah, and it must be eaten by Kohanim, their wives and children, while they are Tehorim. If the Chalah becomes Tamei, the Kohen may feed it to his animals or use it as fuel. He may not use his Chalah Teme'ah in this manner, however, on Shabbos or Yom Tov.
(f)A non-Kohen who eats Chalah b'Mezid is liable to receive Malkus and Misah b'Yedei Shamayim.
(g)One may not actively cause Chalah to become Tamei (derived from Bamidbar 18:8, in which the Torah warns one to carefully guard Terumah - which Chalah is a form of). This prohibition applies from the point at which one is obligated to separate Chalah from the dough; namely, when the flour and water are kneaded together. In one place that Rebbi visited, he saw that the residents were not careful to knead their dough in vessels that were Tahor.
46)[line 16]והורהHORAH- ruled
47)[line 17]מי בצעיםMEI BETZA'IM- muddy water (O.F. maresc - marsh) [which we use in our dough]
48)[line 17]מכשיריןMACHSHIRIN - [liquids that] enable food to become Tamei (HECHSHER OCHLIN L'TUM'AH)
(a)A food item that is no longer growing from the ground becomes Tamei when it comes into contact with a source of Tum'ah. This is only true, however, if it was first primed through coming into contact with one of seven liquids. From that point, the food can become Tamei even after it dries. These seven liquids are water, dew, olive oil, wine, milk, blood, and bee's honey. The process through which a food item becomes enabled to receive Tum'ah is termed "Hechsher."
(b)Food can become Tamei only if the owner of the food is pleased that his food became wet. This is derived from the verse (Vayikra 11:38) which describes the process as "וְכִי יֻתַּן מַיִם עַל זֶרַע..." "v'Chi Yutan Mayim Al Zera..." - "And if water has been placed upon seeds and then the dead body of a Sheretz fell upon them, then the seeds shall be Tamei to you." The word "Yutan" ("has been placed") is spelled without a Vav, such that it appears to read "יִתֵּן" "Yiten" ("he places"). From this, Chazal derive that Hechsher occurs whenever the presence of these liquids is as desirable to the owner of the food as if he himself had placed them there.
(c)It is necessary only for the owner to desire the liquid; he need not specifically be pleased that the liquid came into contact with the food. Therefore, even if the owner desired the liquid for an entirely different purpose and only at a later point did it come into contact with food, that liquid will enable the food to become Tamei. If, however, the owner intended to dispose of the liquid, then it will not enable the food to become Tamei, for such a liquid is not considered valuable.
49)[line 17]מי ביציםMEI BEITZIM- raw eggs
50)[line 18]ואינהו סבורINHU SAVUR- [the residents of the place] thought
51a)[line 19]מי קרמיוןMEI KIRUMYON- water of (a) the Amanah River, near Damascus (ARUCH); (b) perhaps the Na'aman River near Ako, a tributary of the Mediterranean Sea (ha'Ge'ografiyah ba'Mishnah, B.Z. Segal, Yerushalayim 5739, p. 172)
b)[line 19]ומי פיגהMEI PIGAH- water of (a) the Parpar River, near Damascus (ARUCH); (b) perhaps a tributary of the Yarkon River near Rosh ha'Ayin (not far from Petach Tikvah), where a small village by the name of Fija existed (ha'Ge'ografiyah ba'Mishnah, B.Z. Segal, Yerushalayim 5739, p.153)
52)[line 19]פסוליןPESULIN - they are invalid [for use in purification from Tum'as Mes] (MEI CHATAS)
(a)A Parah Adumah (also referred to as a Paras Chatas) is a red cow; if there are as many as two hairs of any other color it is not a Parah Adumah (see Maseches Parah 2:5). Only a cow that has never had a yoke placed upon it nor performed any other work is fit to be used as a Parah Adumah. A place is prepared for its slaughter on Har ha'Zeisim (also known as Har ha'Mishchah; "Mishchah" means oil), opposite the gate to the Azarah (the courtyard of the Beis ha'Mikdash). After it is slaughtered, its blood is sprinkled in the direction of the Beis ha'Mikdash seven times. Its carcass is then burned. A cedar branch, some Ezov (hyssop) branches, and a length of combed wool dyed crimson are thrown into the carcass of the cow as it is burning (Bamidbar 19:1-22).
(b)Should a person or utensil become 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; see Background to 4:28), he/it must wait seven days before he/it is able to immerse in a 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 a tied bundle of three Ezov branches into the mixture, using them to sprinkle Mei Chatas 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).
(c)The Mishnah cited in our Gemara teaches that muddy water is not valid for use in the Mei Chatas.
53)[line 21]חטאתCHATAS- a Parah Adumah; see previous entry, (a)
54)[line 22]מים חייםMAYIM CHAYIM- spring water. It is this kind of water that must be placed directly into a vessel (Bamidbar 19:17), and the mud or other foreign matter in water that is not clear prevents some of the water from coming into direct contact with the vessel (see TOSFOS DH Pesulin).
55)[line 23]כל דהוKOL DEHU- any [water] whatsoever
56)[line 24]תלמיד אל יורה אלא אם כן נוטל רשות מרבוTALMID AL YOREH ELA IM KEN NOTEL RESHUS ME'RABO- a student should not rule unless he has received permission do to so from his Rebbi [since a Rebbi will not grant such permission unless he is certain that his student speaks in a clear, unambiguous manner]
57)[line 26]איקלע לחתרIKLA L'CHASAR- went up to (a place called) Chasar
58)[line 26]ללתות חיטיןLILTOS CHITIN- to place [a bit of] wheat kernels in water [and immediately crush them to make a gruel]
59)[line 27]לאו רבי מני דמן צור איכא הכא?LAV REBBI MANI D'MIN TZOR IKA HACHA?- is not Rebbi Mani from Tyre here [in town]?
60a)[line 29]שלש פרסאותSHALOSH PARSA'OS- approximately 10.94, 11.52, or 13.82 kilometers (6.8, 7.16, or 8.58 miles), depending upon the differing Halachic opinions
b)[line 30]כנגד מחנה ישראלKENEGED MACHANEH YISRAEL- equal in size to the encampment of Klal Yisrael [in the Sinai desert before they entered Eretz Yisrael (see Eruvin 55b and Yoma 75b), where one who had a Halachic question would take it to Moshe Rabeinu, no matter how far away he was at the time (Shemos 33:7)]
61)[line 30]לאו אדעתאיLAV A'DA'ATA'I- I did not realize [that Rebbi Mani from Tyre was here]
62)[line 31]רבי חייא...REBBI CHIYA...- It is not at all clear why this story is taught here. RASHI first suggests that although we have just established that one ought not to rule in the place that his Rebbi lives, and Rebbi Chiya lived close to his teacher Rebbi, this did not stop Rebbi Chiya from directing one whom he believed to be a Kohen out of a cemetery. This is because one ought not to refrain from correcting the transgression of another even when his Rebbi is nearby (see Eruvin 63a). Rashi then writes that he found a Yerushalmi that cites a different version of this story (Shevi'is 6:1). Instead of Rebbi Chiya, this story in the Yerushalmi features Rebbi. This incident occurred during the same visit during which Rebbi observed those who thought that Mei Betza'im were not Machshir, which explains its connection to our Gemara. Both incidents occurred in Ako, a city that straddles the border of Eretz Yisrael and Chutz la'Aretz in the northern part of the country. Furthermore, Rebbi did not find the presumed Kohen in a cemetery, but rather in the part of the city that was outside of Eretz Yisrael. Since the Rabanan decreed that all of Chutz la'Aretz has the status of a cemetery (Tum'as Eretz ha'Amim), Rebbi asked him how he was able to stand in that part of the city.
63)[line 31]חזייהCHAZYEI- he saw
64)[line 32]קאיKA'I- standing
65)[line 32]בבית הקברותBEIS HA'KEVAROS- a cemetery (see also above, entry #62)
66)[line 33]איןIN- indeed
67)[line 33]אבוה דההוא גבראAVUHA D'HAHU GAVRA- the father of that man; i.e., my father (as he was talking about himself in the third person, which is standard in Aramaic)
68)[line 34]גבה עינים הוהGEVAH EINAIM HAVAH- was a man who followed his eyes (i.e., his passions; see Bamidbar 15:39)
69)[line 35]וחיללוCHILELO - cause him (i.e. me) to become rejected from the Kehunah (CHALAL)
(a)A Kohen may not marry a divorcee, Zonah (see Background to Yevamos 81:4) or Chalalah (see Background to Gitin 59:77) (Vayikra 21:7). A Kohen Gadol, in addition to these women, may not marry a widow (Vayikra 21:14). The Rabanan prohibited all Kohanim from marrying a Chalutzah (see Background to Gitin 59:76). A male child born of one of these forbidden unions is called a "Chalal," and he is not a Kohen. The son of a Chalutzah is a Chalal mid'Rabanan (see Kidushin 78a).
(b)A Chalal receives neither the limitations nor the benefits of Kehunah. Some examples of this are:
1.He may not perform the Avodah (Divine Service) in the Beis ha'Mikdash;
2.He may not eat Terumah or Kodshim (sacrificial meat) reserved for Kohanim (Terumos 8:1);
3.He is not restricted as Kohanim are with regard to whom he may marry;
4.He may become Tamei such as through contact with a corpse, being under the same roof as a corpse, or entering a cemetery.
70)[line 35]פשיטא, לפלגא, הא קאמר דמהניPESHITA, L'FALGA, HA KA'AMAR D'MEHANI- it is clear that we have said that [permission granted] to [rule on] certain matters and not others (lit. halfway) is effective [since Rav was granted permission to rule on monetary matters as well as prohibitions, but was not granted permission to permit Bechoros]
71)[line 37]לרב שמןRAV SHEMEN- the name of an Amora
72)[line 37]הרי אתה ברשותינו עד שתבא אצלנוHAREI ATAH BI'RESHUSEINU AD SHE'TAVO ETZLEINU- you hereby have our permission [to rule] until you return to us
73)[line 40]להא שמעתאHA SHEMAITSA- this teaching [of Shmuel]
74)[line 41]שנים מזכיןSHENAYIM MEZAKIN- two [out of three judges] acquit [the defendant]
75)[line 42]יוסיפו הדייניןYOSIFU HA'DAYANIN- they should add [an additional judge] to the [two] judges [who have made up their mind so that there are the required three, even though the additional one cannot sway the ruling even if he disagrees with the first two]
76)[line 42]ואי איתאIY ISA- if it is true [that two judges are sufficient ex post facto]
77)[line 44]אדעתא דתלתא יתיביA'DAITA D'TELASA YASIVEI- [these judges] sat [in judgment] with the intention of [judging together as] three
78)[line 46]ופשרה בשניםPESHARAH BI'SHENAYIM- a compromise (as opposed to an absolute ruling that may not be agreed upon by all parties) may be reached by two judges [who cannot pass judgment]
79)[line 47]ויפה כחYAFEH KO'ACH- the power is greater
80)[last line]אין בעלי דינין יכולין לחזור בהןEIN BA'ALEI DINIM YECHOLIN LA'CHZOR BA'HEN- the litigants may not back out [of the compromise, since they had already agreed beforehand to abide by it]