[24a - 18 lines; 24b - 33 lines]
1)[line 9]האוכל נבילה ביום הכיפוריםHA'OCHEL NEVEILAH B'YOM HA'KIPURIM - one who eats Neveilah on Yom ha'Kipurim (ISUR KOLEL)
(a)See Background to Shevuos 22:15.
(b)According to Rebbi Shimon, an object that is already prohibited can never become prohibited by another Isur, even if the second Isur is Kolel, Mosif, or Chamur. Meat from a Kosher animal that died before Yom ha'Kipurim and became prohibited because of the Isur of Neveilah cannot become prohibited by the Isur of eating on Yom ha'Kipurim as well. RASHI adds that even if the animal died on Yom ha'Kipurim, it was already prohibited by the Isur of Ever Min ha'Chai before Yom ha'Kipurim, and neither the Isur of Yom ha'Kipurim nor the Isur of Neveilah can take effect (but see TOSFOS DH ha'Ochel).
2)[line 10]משכחת לה בלאו והןMISHKACHAS LAH B'LAV V'HEN - it is found in the negative and the positive [form] (SHEVU'OS: LAV V'HEN)
(a)See Background to Shevuos 2:1.
(b)The verse that describes a Shevu'as Bituy states "לְהָרַע אוֹ לְהֵטִיב" "l'Hara O l'Hetiv" - "to do harm or to do good" (Vayikra 5:4). Certain Tana'im learn that a Shevu'ah can only apply to the future, since "l'Hara O l'Hetiv" is in the future tense. The Mishnah (Shevuos 2a) quotes the opinion of Rebbi Akiva, who learns from a Derashah that Shevu'os can also apply to the past (Shevuos 25a).
(c)Other Tana'im learn from this verse that the formulation of the Shevu'ah must be able to exist in a positive and negative form ("Isa b'Lav v'Hen"). For example, "I will eat," "I will not eat." In our Sugya, Reish Lakish, who learns that the Torah does not prohibit less than a k'Zayis of a prohibited food, fulfills the requirement of Isa b'Lav v'Hen with the Shevu'os of "I will eat a half- k'Zayis of Neveilah" or "I will not eat a half-k'Zayis of Neveilah."
3)[line 1]חשובי אחשביהCHASHUVEI ACHSHEVEI- [since he has already eaten these foods before he makes his Shevu'ah,] he establishes it (his act of eating) as being important (i.e. important enough to fulfill his condition of "if I ate today")
4)[line 3]אאיסור מוסיףISUR MOSIF
5)[line 13]ואשם אחדV'ASHAM ECHAD (ASHAM ME'ILOS)
A person who has benefit from Hekdesh b'Shogeg (see Background to Shevuos 22:6:a-c) must bring a ram as a Korban Asham, besides paying the amount he benefited plus a fine of Chomesh (Vayikra 5:14-16).
(a)Chelev refers to the fat of an animal that is offered on the Mizbe'ach. It consists of the layer of fat covering the stomachs, all the other fat attached to the stomachs, and the fat on the kidneys along the flanks (Vayikra 3:4). The verse states, "חֻקַּת עוֹלָם לְדֹרֹתֵיכֶם בְּכֹל מוֹשְׁבֹתֶיכֶם, כָּל חֵלֶב וְכָל דָּם לֹא תֹאכֵלוּ" "Chukas Olam l'Doroseichem b'Chol Moshevoseichem, Kol Chelev v'Chol Dam Lo Socheilu" - "It shall be an everlasting statute for your generations throughout all your settlements, that you eat neither [forbidden] fat nor blood" (Vayikra 3:17).
(b)It is forbidden to eat the Chelev of a Kosher Behemah (farm animal), but it may be used for any other purpose. The Chelev of a Chayah (a Kosher non-farm animal such as deer), however, may even be eaten. "Shuman" refers to all the other fat of an animal that is permitted.
(c)If a person eats a k'Zayis of Chelev b'Mezid (intentionally) after Hasra'ah (being forewarned), he is punished with Malkus (lashes). If he was not given Hasra'ah, he is Chayav Kares. If he sinned b'Shogeg (unintentionally) he must bring a Korban Chatas (as with all sins for which one is liable to Kares b'Mezid). If a person is in doubt whether the fat he ate was Chelev or Shuman, he must bring a Korban Asham Taluy (see Background to Bava Kama 110:23:4).
(a)If any meat of a Korban remains after the time that was allotted for it to be eaten, it must be burned, as the Torah states, "בְּיוֹם זִבְחֲכֶם יֵאָכֵל, וּמִמָּחֳרָת; וְהַנּוֹתָר עַד יוֹם הַשְּׁלִישִׁי בָּאֵשׁ יִשָּׂרֵף" "b'Yom Zivchachem Ye'achel umi'Macharas; veha'Nosar Ad Yom ha'Shelishi ba'Esh Yisaref" - "It shall be eaten the same day that you slaughter it and on the next day, and anything that remains until the third day shall be burned in fire" (Vayikra 19:6; see Background to Makos 4:10). It is likewise forbidden to offer Nosar on the Mizbe'ach.
(b)If a person eats a k'Zayis of Nosar b'Mezid (intentionally) after Hasra'ah (being forewarned), he is punished with Malkus (lashes); the Lav for eating Nosar is learned from the verse of the Milu'im (Shemos 29:34). If he was not given Hasra'ah, he is Chayav Kares. If he eats it b'Shogeg (unintentionally), he must bring a Korban Chatas (as with all sins for which one is liable to Kares b'Mezid) (SEFER HA'CHINUCH Mitzvah #215).
8)[line 15]אם היתה שבת והוציאוIM HAYESAH SHABBOS V'HOTZI'O (HOTZA'AH)
(a)HOTZA'AH - Hotza'ah is the general term for the last of the thirty-nine Avos Melachos of Shabbos. It involves either:
1.Hotza'ah, transferring objects from a Reshus ha'Yachid (private domain) to a Reshus ha'Rabim (public domain);
2.Hachnasah, transferring objects from a Reshus ha'Rabim to a Reshus ha'Yachid;
3.Ma'avir Arba Amos b'Reshus ha'Rabim, carrying an object from one place in Reshus ha'Rabim to another over a distance of at least four Amos;
4.Moshit, passing an object from one Reshus ha'Yachid to another through Reshus ha'Rabim (as described in the Mishnah in Shabbos 96a, see Background to Shabbos 96:3). These are all Biblical prohibitions. (The Tana uses the term "Hotza'ah" for both Hotza'os and Hachnasos.)
(b)AKIRAH & HANACHAH - In order to transgress the Biblical prohibition of Hotza'ah, certain conditions must be met. The sinner must perform both an Akirah (initiation of movement) and a Hanachah (setting down the object to rest). If one person does the Akirah and another does the Hanachah, only a Rabbinic prohibition is involved, as the Gemara states in Shabbos 3a.
9)[line 16]אינו מן השםEINO MIN HA'SHEM- it is not from the same category. The Beraisa intended to list four Chata'os and one Asham that were brought about by one act of eating. The liability to bring a Korban Chatas for Hotza'ah on Shabbos is not a result of eating.
(a)The Kedushah of Bechor rests on every first-born male of an ox, goat, or sheep when it comes out of its mother's womb. Nevertheless, there is a Mitzvah for a person to sanctify it himself (Erchin 29a, based on Devarim 15:19). He must then give it to a Kohen; it may not be redeemed.
(b)If the animal has no Mum (blemish), 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, its meat is eaten in Yerushalayim during the following two days and the intervening night.
(c)If the animal has or develops a Mum, it becomes the property of the Kohen. It must be 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 can 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. It may not be redeemed with money.
(d)Now that 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. It may not be bought, however, in order to be sold for a profit (Sefer ha'Chinuch #393, #445).
11)[line 21]דקדושתו מרחםKEDUSHASO ME'RECHEM- its sanctity is from the womb (i.e. it is born sanctified as a Bechor)
12)[line 23]שאלהSHE'ELAH (SHEVU'AH: SHE'ELAH)
(a)When an adult makes a Neder (or designates Chalah, Terumah, or Hekdesh), a Shevu'ah, or Nezirus, and he regrets having made the Neder or Shevu'ah, he may have it revoked by a Beis Din of three (if they are not outstanding authorities) or a Yachid Mumcheh (an outstanding authority). The general method used is that Beis Din investigates whether the person would not have made the Neder or Shevu'ah in the first place had he been aware of a particular fact. This investigation provides the person with a "Pesach" (opening) with which the Beis Din can revoke the Neder or Shevu'ah.
(b)There is a Machlokes Rishonim as to the status of a Yachid Mumcheh. The RAN rules that he must be an outstanding Torah authority well versed in the laws of Nedarim. Others rule that in addition to the previous, the scholar must also have Semichah (RAMBAN, cited by the RAN in Nedarim 23a).
13)[line 24]הקדשHEKDESH (HEKDESH: SHE'ELAH)
See previous entry.
14a)[line 25]קרבן קבועKORBAN KAVU'A- a fixed sacrifice, i.e. a normal Korban Chatas, which does not vary with the means of the penitent, as opposed to the Chatas known as the "Korban Oleh v'Yored," which does vary based upon the means of the penitent (see next entry)
b)[line 25]קרבן עוֹלֶה ויורדKORBAN OLEH V'YORED
(a)A person brings a Korban Oleh v'Yored in three specific cases:
1.Shevu'as ha'Edus (see Background to Bava Kama 105:29),
2.Tum'as Mikdash v'Kodashav (see Background to Shevuos 2:2),
3.Shevu'as Bituy (see Background to Shevuos 2:1) (Vayikra 5:1-4).
(b)The Korban Korban Oleh v'Yored is a Korban Chatas, which varies based on the means of the penitent:
1.If he is wealthy, he brings a female sheep or goat as a Chatas (Korban Ashir).
2.If he cannot afford this, he brings two Torim (turtledoves) or two Benei Yonah common doves), one as an Olah and one as a Chatas (Korban Oleh v'Yored b'Dalus).
3.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 dawn - RAMBAM Hilchos Ma'aseh ha'Korbanos 10:7).
15)[line 27]בנשיאNASI (KORBAN NASI)
(a)The Chatas Nasi is the male goat brought by a king as a Korban Chatas when he transgresses an Isur Kares thinking that the Torah did not prohibit such an act. (The goat is brought for the same sins that a Par He'elem Davar is brought when the people commit transgressions upon being misled by Beis Din in a Halachic matter - see Background to Shevuos 14:13.)
(b)Some of the blood of the goat is applied to the four Keranos (protruding corners) of the Mizbe'ach ha'Chitzon and the Sheyarei ha'Dam (the remainder of the blood) is poured on the Southern Yesod (foundation) of the Mizbe'ach. The Eimurim (see Background to Yevamos 7:8) of the goat are offered on the Mizbe'ach. The meat is eaten by male Kohanim on the day that the Korban is offered and the on the following night.
(c)Rebbi Eliezer (Horayos 9a) rules that a king brings a male goat as a Korban Chatas even for the sins that an ordinary Jew brings a Korban Oleh v'Yored (see previous entry).
16)[line 31]הקדש... שוה פרוטהHEKDESH... SHAVEH PERUTAH
17)[line 31]ורב אשי מאויריאRAV ASHI ME'UYERYA- Rav Ashi from the town of Uyerya, in Media
18a)[line 32]זדונו כרתZEDONO KARES- sins for which intentional transgression makes the sinner liable to the Kares punishment
b)[last line]זדונו לאוZEDONO LAV- sins for which intentional transgression makes the sinner liable to the punishment of Malkus