[69a - 41 lines; 69b - 46 lines]

*********************GIRSA SECTION*********************

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] Gemara 69a [line 4]:

The words "Af Kol ... Al Zedono Kares v'Al Shigegaso Chatas" אף כל ... על זדונו כרת ועל שגגתו חטאת

should be "Af Kol ... Al Zedono Kares Chayav Al Shigegaso Chatas" אף כל ... על זדונו כרת חייב על שגגתו חטאת

This is the Girsa of the Oxford manuscript.

[2] Gemara 69a [line 11]:

Asher Lo Se'asenah (b'Shegagah) אשר לא תעישנה (בשגגה)

Even though the word "b'Shegagah" בשגגה is in parentheses, it is the correct Girsa. Without a doubt, the Gemara is referring to the verse in which "bi'Shegagah" בשגגה appears (Vayikra 4:22) and not the verse in which it does not appear (Vayikra 4:27), since the Gemara's Derashah is based on this word. It is also explicit in Dikdukei Sofrim #300 that the Gemara is referring to this verse.

[3] Gemara 69a [line 12]:

"Ad she'Yishgog b'Lav v'Kares she'Bah" עד שישגוג בלאו וכרת שבה

The word "b'Kares" בכרת is not found in Dikdukei Sofrim #300, the Rashba, or the Ran (since the verse is referring only to the Lav).

[4] Tosfos 69a DH Ela ד"ה אלא:

The words "she'Chayav Kares Im ha'Korban" שחייב כרת אם הקרבן

should be "she'Chayav Korban Im ha'Kares" שחייב קרבן אם הכרת (M. KORNFELD)

[5] Gemara 69b [line 22]:

The words "Meisivei, Hayah Mehalech b'Derech ... v'Od Tanya Hayah Mehalech b'Derech O b'Midbar" מיתיבי הוה מהלך בדרך ... ועוד תניא היה מהלך בדרך או במדבר

should be "Meisivei, Hayah Mehalech b'Midbar ... v'Od Tanya Hayah Mehalech b'Midbar" (with the words "b'Derech O" מיתיבי היה מהלך במדבר ... ועוד תניא היה מהלך במדבר removed from the second Beraisa)

This is the Girsa in Dikdukei Sofrim #8-9, the Oxford manuscript, and the Or Zaru'a (Hilchos Erev Shabbos #15). Thus, the wording of all three Beraisos is the same.

[6] Gemara 69b [line 36]:

"Im Hayah Makir Miktzas ha'Yom" אם היה מכיר מקצת היום

In the Oxford manuscript the Girsa is

"Im Hayah Makir Sechum ha'Yom" אם היה מכיר סכום היום

as printed in the margin. This is also the Girsa in Rabeinu Chananel, Rif, and Rosh. It also appears that this was the Girsa of Rashi.


1)[line 1]"וכי תשגו ולא תעשו את כל המצות האלה ...""V'CHI SISHGU V'LO SA'ASU ES KOL HA'MITZVOS HA'ELEH …"- "If you inadvertently [commit an act of idolatry which is equivalent to] violating all of these commandments [that HaSh-m gave to Moshe]" (Bamidbar 15:22)

2)[line 6]כגון ששגג בקרבןKEGON SHE'SHAGAG B'KORBAN- According to Munbaz, apparently the obligation to bring a Korban reflects the severity of the sin. (That is, it is not just a method of atoning for a sin.) If the sinner was not aware that he would have to bring a Korban, he was not fully aware of the severity of his sin.

3)[line 15]מומרMUMAR- an apostate, a person who does not keep the laws of the Torah

4)[line 17]השב מידיעתוHA'SHAV MI'YEDI'ASO- a person who would hold himself back from transgressing if he knew that it was forbidden

5)[line 21]העלם אחדHE'ELEM ECHAD- one period of forgetfulness

6)[line 27]תחומיןTECHUMIN (TECHUMIN: D'ORAISA)

A person is only allowed to travel a distance of two thousand Amos from his city or dwelling place (if he is not in a city) on Shabbos. Rebbi Akiva claims that this Halachah of "Techum Shabbos" is mentioned in the Torah. He compares two verses which specify the outer boundaries of the cities that were given to the Leviyim. One verse (Bamidbar 35:4) states that their cities' Migrashim (the open spaces outside of the cities) extend one thousand Amos from the wall of the city. The next verse (ibid. 35:5) specifies that the boundaries of the cities extend for two thousand Amos from the edges of the city. He explains that the first verse gives the cities' boundaries while the second verse sets the Techum Shabbos.

7)[line 35]שבועת ביטויSHEVU'AS BITUY

(a)A person can take an oath, or a "Shevu'as Bituy," by swearing to do something or not to do something or by swearing that he did or did not do something in the past. If he does not keep his word, or if his oath regarding an action of the past is false, he transgresses the Torah's prohibition not to swear falsely (Vayikra 19:12 — RAMBAM Hilchos Shevu'os 1:3). If his oath was made regarding an action that he will or will not do in the future, he transgresses the Torah's prohibition not to violate one's word as well (Bamidbar 30:3, see Background to Nedarim 2:1a:a, KESEF MISHNEH to the Rambam ibid.). It is prohibited to take an unnecessary or ridiculous oath. Such a Shevu'ah is known as a "Shevu'as Shav," which the Torah prohibits in the Ten Commandments, Shemos 20:7. (See Rambam, Hilchos Shevu'os 1:4, for a description of the various categories of Shevu'as Shav and Background to Sanhedrin 27:14.)

(b)If one unintentionally transgresses his oath (Shevu'as Bituy), he is required to bring a Korban Shevu'ah. The Korban Shevu'ah is a Korban Oleh v'Yored, which varies based on the means of the penitent. If he is wealthy, he brings a female sheep or goat as a Chatas (Korban Ashir). If he cannot afford this, he brings two Torim (turtledoves) or two Bnei Yonah common doves), one as an Olah and one as a Chatas (Korban Oleh v'Yored b'Dalus). If he cannot even afford the birds, he brings one tenth of an Eifah of fine flour as a Minchas Chatas (Korban Oleh v'Yored b'Dalei Dalus) (Vayikra 5:6-13). The Minchas Chatas is not mixed with oil, and Levonah (frankincense) is not sprinkled on top of it (Vayikra 5:11). When a non-Kohen brings a Minchas Chatas, a Kometz of the flour alone is burned on the Mizbe'ach and the Kohanim receive the Shirayim (the rest of the flour, which they must eat before the following sunrise — RAMBAM Hilchos Ma'aseh ha'Korbanos 10:7).

(c)If a person takes an oath prohibiting himself to do a certain act and he knowingly transgresses his oath, or if he knowingly takes a false oath that he did or did not do a certain act, he is punished with Malkus. However, if he swears to do something and does not do it, he does not get Malkus, since no action is involved (RAMBAM Hilchos Shevu'os 4:20). If one unintentionally makes a Shevu'as Shav, he is not punished. If he intentionally makes such a Shevu'ah, he is punished with Malkus (RAMBAM Hilchos Shevu'os 1:7).


8)[line 2]לשעברL'SHE'AVAR- for an oath that is made about something that has already transpired, e.g. I ate or I did not eat


(a)After a crop is harvested and brought to the owner's house or yard, the owner must separate Terumah from the crop, which he gives to a Kohen. Kohanim and members of their households are allowed to eat Terumah, as long as they are Tehorim.

(b)If a non-Kohen eats Terumah without knowing that it is Terumah, he must replace what he ate in the form of a food that becomes Terumah (Tashlumei Terumah). He returns the amount of Terumah that he ate to the Kohen who owned the Terumah (see Insights to Pesachim 32:1). In addition, he is fined another Chomesh (fifth) of the ensuing total (i.e. a quarter of the value of what he ate). This Chomesh may be paid to any Kohen (Terumos 6:2), and is not necessarily given to the Kohen who owned the Terumah that was eaten.

(c)If the person ate Terumah in an abnormal fashion, such as by drinking olive oil, he only pays the value of the Terumah that was destroyed (i.e. the normal Halachah of damages applies to him and not the laws of Tashlumei Terumah).

(d)A non-Kohen who eats or benefits from Terumah b'Mezid (intentionally) pays the value of the Terumah destroyed (i.e. the normal Halachah of damages applies to him, and not Tashlumei Terumah), and incurs the punishment of Misah b'Yedei Shamayim (according to the Beraisa brought in the Gemara (Sanhedrin 83a); according to Rav (Sanhedrin 83b) — he is punished with lashes).

10)[line 13]מיתהMISAH (KARES AND MISAH B'YEDEI SHAMAYIM: Heavenly Punishment of Untimely Death)

(a)Some sins are so severe that they are punished with untimely death. There are two types of untimely death that are used as heavenly punishments: Kares, and Misah b'Yedei Shamayim. Kares means "being severed" from the world and dying before one's time. Misah b'Yedei Shamayim means "death at the hands of heaven." These punishments are not administered by the courts, but through divinely administered justice.

(b)One who deliberately transgresses a commandment that is punishable with either Kares or Misah b'Yedei Shamayim is punished even if there are no witnesses to his act, and even if he was not warned at that time of his transgression that his violation will result in his untimely death.

(c)The Tif'eres Yisrael, in his commentary to Sanhedrin 9:6, lists a number of differences between Misah b'Yedei Shamayim and Kares:

1.One who is punished with Kares will die before age 60 (according to Moed Katan 28a, or before the age of 50, according to the Yerushalmi Bikurim 2:1). One punished with Misah b'Yedei Shamayim will die after the age of 60 but before his time has come (according to Moed Katan ibid., or before the age of 60, according to the Yerushalmi ibid.)

2.When one is punished with Kares, even his children (who are minors at the time of his sin) die, and he bears no further children. When one is punished with Misah b'Yedei Shamayim, only he is punished and not his children (Yevamos 55a and RASHI there; see, however, RIVA in Tosfos to Yevamos 2a DH Eshes, who maintains that Kares only involves the death of one's children in the two cases where the Torah adds the word "Ariri." However, he might be referring to the death of children who are not minors.)

3.Some add that when punished with Misah b'Yedei Shamayim, the sinner's cattle and possessions slowly expire until he is left destitute — see Insights to Yevamos 73:2 and Insights to Pesachim 32:2.

4.In addition to the above, in certain instances a form Kares is prescribed in which the sinner not only dies before his time but is also 'severed' (Nichras) from receiving a portion in the World to Come (see Sanhedrin 64b, 90b).

(d)As stated in the Tosefta at the beginning of Kerisus (cited in Sanhedrin 83a), nine sins are punishable with Misah b'Yedei Shamayim:

1.A Kohen who serves in the Mikdash ...without washing his hands and feet

2....or without wearing the Priestly Garments

3....or while intoxicated

4....or with long hair

5....or while Tamei, or even after immersing in a Mikvah from his Tum'ah but before nightfall (or after nightfall but before bringing the Korbanos he is required to bring - Sanhedrin ibid; however Rambam Bi'as Mikdash 4:4 exempts from Misah in such a case.)

6.A Kohen who is Tamei and eats Terumah that is Tahor

7.A non-Kohen ...who serves in the Mikdash

8....or who eats Terumah (or Bikurim - Mishnah Bikurim 2:1).

9.A person who eats Tevel (food that has not been tithed properly).

10.Rebbi (ibid.) adds two more sins that are punishable with Misah b'Yedei Shamayim:

i.A Kohen who serves in the Mikdash with a Mum

ii.A person who intentionally exploits Hekdesh for personal use.

(e)Additional sins punishable with Misah b'Yedei Shamayim are:

1.One who does not heed - or does not transmit - a prophetic command (Sanhedrin 89a).

2.According to some, a Levi or a Kohen who performs service in the Mikdash that has not been assigned to him (Erchin 11a according to Abaye; however Rambam in Sefer ha'Mitzvos Lo Sa'aseh #72 and Klei ha'Mikdash 3:11 exempts a Kohen from Misah b'Yedei Shamayim).

11)[line 30]כדי פרנסתוKEDEI PARNASASO- the bare minimum for his sustenance

12)[line 31]מההוא יומאME'HA'HU YOMA- from the day on which he commemorates Shabbos

13)[line 32]לימות?!LIMUS?!- he should die (from lack of food)?!

14)[line 37]כל היום כולוKOL HA'YOM KULO- That is, he may work the "entire" day, and not just the amount of time necessary to stay alive. The emphasis is not on the amount of time he works, but on the amount he produces (RITVA). In addition, perhaps he must work on that day, in order not to have to transgress the Shabbos the rest of the week (during which any day may actually be Shabbos). (M. KORNFELD)

15)[line 40]זימנין דמשכח שיירתאZIMNIM D'MASHKACH SHAYARTA- sometimes he finds a caravan departing on Erev Shabbos

16)[line 40]מקרי ונפיקMIKREI V'NAFIK- and it happens that he leaves with it