1)

(a)A private-owned K'li is different than that of a professional-owned in that only a hole the size of a pomegrante negates its status ...

(b)... because a private person tends to retain vessels that can still be used, and it is still considered usable as long as will hold a pomegranate.

(c)R. Eliezer maintains that - the size hole to negate a K'li is that which renders it unfit for its original use (a hole that lets out figs, if it was originally used for figs, that lets out olives, if it was originally used for olives).

(d)The Halachah is - like the Tana Kama.

2)

(a)The size hole given by R. Eliezer to negate a vegetable box belonging to ...

1. ... a gardener is - one that lets out bundles of vegetables.

2. ... a Balabos is - one that lets out straw (See Tiferes Ysrael).

3. ... a bath-attendant is - one that lets out Gevava (thin stubble mixed with manure [fuel for heating the water]).

(b)The Tana Kama agrees with R. Eliezer, even as regards the first and the third cases (see Tos. Yom-Tov).

(c)According to R. Yehoshua - a hole that lets out pomegranates is the size that negates all the above.

(d)The Halachah is - like the Chachamim.

3)

(a)The size hole cited by the Mishnah that renders a Cheimes (a leather container) Tahor is one that lets out balls ...

1. Shesi - is the wool of the woof (which is attached to the weaving-loom, whereas ...

2. Eirev - which is thicker that Shesi, is the wool of the warp, that is attached to the reel, and that one throws between the two rows of Shesi whilst weaving.

(b)If the Cheimes holds balls of Eirev, but not balls of Shesi - it is Tamei ...

(c)... because whereas the Reisha (which issued the opposite ruling) is referring to a Cheimes that was designated for Shesi, the Seifa is speaking about one that was designated for Eirev (Tiferes Yisrael [see also Tos. Yom-Tov]).

4)

(a)The Tana draws a similar distinction by a Beis Ke'aros - a large square dish that is made to contain small dishes.

(b)If it has a hole that allows small dishes to fall out, but not large pots - it is Tahor.

(c)And when the Tana then rules that if it holds large pots, but not small dishes, it is nevertheless Tamei - he is speaking about a Beis-ha'Ke'aros that is made to hold large pots.

5)

(a)The Mishnah draws the same distinction between a Beis-ha'Re'i - a potty, that holds Re'i but not liquid.

(b)Liquid - refers to urine.

(c)The Tana declares a Beis ha'Re'i that holds Re'i but not Mashkin, Tamei - if it was made to hold Re'i.

(d)Rabban Gamliel disagrees - on the grounds that since a potty is not Chashuv, once it no longer holds liquid, people tend to throw it away, in which case it loses its status as a K'li already then (Tiferes Yisrael [see also Tos. Yom-Tov).

(e)The Halachah is - like the Chachamim.

6)

(a)The size hole the Mishnah cites that negates a bread-basket is - one that lets out a loaf of bread.

(b)The Tana now discusses Apifyaros whose bases have broken and that the owner now strengthens with canes from bottom to top. Apifyaros are - lattice-work boxes made of reeds or branches (Tos. Yom-Tov).

(c)He declares them - Tahor (see Tiferes Yisrael).

(d)If the owner made 'Gapayim Kol Shehein' for them however, they are subject to Tum'ah. Besides a frame around its base (as we learned in Perek 15, Mishnah 2) - 'Gapayim' means - handles.

(e)R. Shimon adds that - if the handles will break off if one tries to pick them up, they remains Tahor.

7)

(a)The Mishnah qualifies the Shi'ur of ke'Rimonim that we learned with regard to K'lei-Ba'alei-Batim, as Sheloshah Achuzim Zeh ba'Zeh, meaning that - the pomegranate that falls out of the hole must be one of a group of three growing from the same twig (which would require the hole to be slightly larger than a single pomegranate [see also Tos. Yom-Tov]).

(b)Rabban Shimon ben Gamliel, on the other hand, qualifies it le'Kula. According to him, we assess the hole in ...

1. ... various kinds of sieves - by moving them backwards and forwards to see if the pomegranate falls out, and a hole in ...

2. ... a box - by slinging it over one's shoulders.

(c)R. Meir and R. Shimon argue over vessels that are too small to hold pomegranates, such as Rova - a quarter of a Kav (which is the equivalent of six egg-volumes) Chatzi Rova or a small reed basket.

(d)R. Meir gives the Shi'ur as be'Ruban (if the majority of the K'li is broken), R. Shimon as - one that lets out olives.

8)

(a)The size the Mishnah gives to negate a K'li, if it is ...

1. ... broken is - if it lets out olives (see Mishnah Achronah)

2. ... worn down until the entire wall of the K'li is reduced is - if it cannot hold anything.

(b)The Halachah is - like R. Shimon (see Tos. Yom-Tov).

9)

(a)The Mishnah qualifies a pomegranate (regarding the size hole of S'tam K'lei Ba'alei-Batim) - by confining it to an average size (but not smaller [see also Tos. Yom-Tov])

(b)The Chachamim mentioned specifically Rimonei Baden (the name of a place) - in that if such a pomegranate of Orlah or of K'lai ha'Kerem falls into a thousand regular pomegranates (see Tos. Yom-Tov) it does not become Bateil.

10)

(a)The previous ruling is the opinion of R. Meir. According to R. Yochanan ben Nuri, the Chachamim mentioned Rimonei Baden - in connection with the size holes of Ba'alei-Batim.

(b)Whereas according to R. Akiva, they mentioned them - in connection with both issues.

(c)In the opinion of Rebbi Yossi, they mentioned them in connection with Ma'asros, inasmuch as - they must be Ma'asered Vaday (and not as D'mai) ...

(d)... and the same applies to Chatzirei Geva - leek from Geva.

(e)R. Yossi's reason for this ruling is - because a. Baden and Geva are towns belonging to the Kutim, who did definitely not Ma'aser, since they did not adhere to the Isur of "Lifnei Iver Lo Sitein Michshol", and b. the Amei ha'Aretz who subsequently purchased from them, and assuming that the Kutim did Ma'aser, did not Ma'aser them either.

11)

(a)The Mishnah repeats the K'lal of average size with regards to a k'Beitzah. The area of Halachah affected by this is - that of Tum'as Ochlim (see also Tos. Yom-Tov).

(b)R. Yehudah suggests that one arrives at an average size egg - by placing the largest egg that one can find and the smallest into a cup of that is full to the brim, and then by dividing the displaced water into two (Tos. Yom-Tov).

(c)R. Yossi however, agrees with the Tana Kama - because one cannot know for sure whether the eggs that one used are really the largest and the smallest of all eggs.

(d)One therefore assesses what is an average size egg - by estimation.

(e)The Halachah is - like R. Yossi.

12)

(a)The Tana repeats the K'lal again by a ki'Gerogeres and by a k'Zayis. The area of Halachah affected by this regarding ...

1. ... a ki'Gerogeres (besides that of carrying on Shabbos) is - that of Shitufei Muva'os (where each person must donate a ki'Gerogeres of food towards the Shituf).

2. ... a k'Zayis is - vast, since the majority of things are measured by a k'Zayis.

(b)According to R. Yehudah - small pomegranates of Eretz Yisrael are equivalent to medium size pomegranates in Chutz la'Aretz. Consequently ...

(c)... in Eretz Yisrael, one gauges holes of K'lei Balabatim using small pomegranates.

(d)The Halachah is - like the Chachamim.

(e)A Zayis Egori - a species of olives whose oil is piled up inside it (and has not come out), is a medium size olive.

13)

(a)A ki'Se'orah too, refers to an average size barley, and a ka'Adashah, to an average size lentil. The Tana defines an average size barley as a Midbaris, and an average size lentil as - an Egyptian one.

(b)The Din of an average size barley pertains to the Tum'ah of the smallest-size bone of a dead person, and an average size lentil - to the smallest piece of Sheretz that is Metamei.

14)

(a)The Mishnah now discusses the Tum'ah of Ovi ha'Marde'a - the thickness of an ox-goad.

(b)The Tana is discussing - the Rabbinical decree of Keilim rendering Tamei be'Ohel ha'Meis if their circumference is equivalent to the that of the thickness of an ox-goad.

(c)Here too, it is an average size Marde'a that is required - which the Tana defines as one Tefach.

15)

(a)The Mishnah includes Amah in the list of items that require an average Shi'ur - which is six Tefachim.

(b)The two other possible Shi'urim of Amah are - five Tefachim and six Tefachim plus half an Etzba or one Etzba (as we will see shortly).

(c)Besides Shabbos, Eruvin and Succah, the two areas of Halachah are affected by this statement are - Midos (the measurements of the Beis-ha'Mikdash) and Kil'ayim.

16)

(a)The larger Shi'ur Amah is found in Shushan ha'Birah - a little room above the eastern gate of the Azarah, on which was painted a picture of Shushan ha'Birah ...

(b)... (which was presumably built by the King of Persia) - to impose on them fear of the king.

17)

(a)Two Amos were placed there - one on the north-east and one on the south-east ...

(b)... the former measured six Tefachim plus half an Etzba, the latter, six Tefachim plus one Etzba (see Tos. Yom-Tov).

(c)When engaging workers to build for Bedek ha'Bayis, the Gizbar of Hekdesh - would fix a price, so much per Amah. They would then proceed to work, using the regular Amah of Moshe with which to measure their work. When they finished however, he would measure what they had done using the Amah that measured an Amah plus an Etzba, paying them a little less, thereby forcing them to pay Hekdesh the balance out of their own pockets.

(d)The smaller Amah (of an Amah plus half an Etzba) was used - when paying the gold and silver-smiths who had constructed metal sheeting of four or five Amos that was required (because to have used the larger Amah would have entailed an excessive loss for them).

(e)This was necessary - to prevent the workers from being Mo'el (benefiting from Hekdesh), should they err, however slightly, when measuring (see Tos. Yom-Tov).

18)

(a)According to R. Meir, all the Amos were average Amos except for four items, three of them connected with the Mizbe'ach ha'Olah. The other one was - the Mizbe'ach ha'Zahav (see Tos. Yom-Tov).

(b)Of the first three, two pertained to the four K'ranos (see Tos. Yom-Tov) and the Sovev (the ledge surrounding the Mizbe'ach approximately half way up); the third - to that of the Y'sod (the Amah foundation of the Mizbe'ach).

(c)All of these comprised Amos of - five Tefachim.

(d)R. Yehudah draws a distinction between Binyan - Amos of six Tefachim and Keilim - Amod of five Tefachim (see Tos. Yom-Tov).

(e)According to him ...

1. ... besides walls and rooms, Binyan constitutes - the Mizbe'ach ha'Olah (see Tos. Yom-Tov), and ...

2. ... Keilim - the Aron, the Shulchan and the Mizbe'ach.

19)

(a)When the Tana says ve'Yesh she'Monin be'Midah Dakah (see Tiferes Yisrael), he means that - there are cases where one goes, not by the average size, but by the smallest size.

(b)And the Mishnah continues 'Midos ha'Lach ve'ha'Yavesh Shi'uran ba'Italki ... '.

1. ... Midas ha'Italki - which means the measure used in Italy (see Tos. Yom-Tov)...

2. ... which is the equivalent of - the measure employed by Yisrael in the Desert.

(c)The two measurements incorporated in ...

1. ... Midos ha'Lach are - a Hin and half a Hin.

2. ... Midos ha'Yavesh are - an Isaron (a tenth of an Eifah) and half an Isaron.

(d)The two larger measurements precluded by the Tana are - those that were later employed in Yerushalayim, and later still, in Tzipori.

20)

(a)When the Tana states that there are even some cases where we reckon ha'Kol L'fi Mah she'Hu Adam, it he means that - they have no standard Shi'ur, and it depends on the size or the capacity of the person.

(b)The first two - the Kometz (the fistful of flour) that the Kohen takes from each Minchah) and the Chafinah (the handful of incense that the Kohen Gadol takes from the pan with the Ketores on Yom Kipur and carries into the Kodesh Kodshim).

(c)The Isur on Yom Kipur which is gauged by the person who transgresses it - that of drinking, whose Shi'ur is a (M'lo Lugmav [a cheekful]).

21)

(a)The final case in this list concerns Eiruv - food for two meals that one places for Eruvei Techumin at the required spot (see Tos Yom-Tov).

(b)According to R. Meir, one places a weekday meal (because it is smaller), and not a Shabbos one, R. Yehudah holds - one places a Shabbos meal.

(c)The Mishnah concludes that both Tana'im come to be lenient, and that, in the opinion of R. Yehudah - since one has an extra meal on Shabbos, one tends to eat a little less at each meal.

22)

(a)R. Shimon gives the Shi'ur for Eiruv as two-thirds of a loaf, of which three make a Kav (twenty-four egg-volumes), in other words - two thirds of a loaf consisting of a third of a Kav ( = two ninths of a Kav = five and a third egg-volumes [Tiferes Yisrael]).

(b)R. Yochanan ben Berokah is more stringent. According to him, the Shi'ur is a loaf that costs a Pundiyon (one Sela = twenty-four Ma'ah; one Ma'ah = two Pundiyon), when four Sa'ah are worth a Sela. If a Sela is now worth twenty-four Ma'ah, one will be able to buy ...

1. ... twenty-four Kabin for twenty-four Ma'ah.

2. ... one Kav for one Ma'ah.

3. ... half a Kav for one Pundiyon.

(c)One must deduct half of that amount (a quarter of a Kav) however - to cover the storekeeper's baking and grinding expenses.

(d)There are - six egg-volumes in the quarter of a Kav that remains.

23)

(a)The Mishnah now lists cases where one goes by the larger size. The first of these is M'lo Tarvad Rekev (a doctor's spoon-full [which is larger than a regular spoon, two fists-full] of rot from a Meis) - which is Metamei be'Masa and be'Ohel (Tiferes Yisrael).

(b)In the same list, the Tana inserts ki'Geris Nega'im, ki'Geris ha'Kilki and the Shi'ur Koseves ha'Gasah (a large date) regarding food on Yom Kipur.

1. ki'Geris Nega'im is - the smallest Shi'ur (comprising a large bean of a Tzara'as mark that renders a person or a Beged Tamei Tzara'as.

2. ki'Geris ha'Kilki is - half a Kilke'an bean, which is larger than other beans.

(c)There are - thirty-six barley-grains in a G'ris ha'Kilki.

(d)Regarding the Shi'ur of Koseves ha'Gasah, besides the size of the date, the Mishnah adds that- it does not include the pit, which therefore needs to be added to the Shi'ur.

24)

(a)The last two items on the list of larger Shi'urim are leather flasks of oil and wine and windows in a room. The Shi'ur the Mishnah gives for ...

1. ... a hole in the leather flask is - the size of a large spinner's coil (see Tos. Yom-Tov).

2. ... a window in a room that developed naturally (by means of the elements, Sheratzim or that part of the wall simply fell out [see Tos.Yom-Tov]), according to the Tana Kama is - the size of the extra-large fist of ben Bati'ach

(b)This latter Shi'ur pertains to - Tum'as Ohel (transmitting Tum'ah from one room to another).

(c)R. Yossi comments on this that - ben Bati'ach's fist was the size of a large head.

25)

(a)The Tana gives the Shi'ur of a man-made window (which is considerably smaller than a natural one) as ki'Melo Makde'ach shel Lishkah - which is a size-hole that is drilled by the large-size awl that was used in the Beis-Hamikdash (see Tos. Yom-Tov).

(b)The Mishnah presents three identical examples of this Shi'ur; an Italian Pundiyon, a Neronian Sela and - the hole in a yoke (see Tos. Yom-Tov).

(c)The Tana needs to give four examples to illustrate this ruling - because there are people who recognize one of them is but not the other.

26)

(a)The Tana learns from the Pasuk in Shemini "O Beged O Or O Sak" that - vessels manufactured from sea-creatures are not subject to Tum'ah.

(b)According to R. Akiva, the only exception is the sea-dog - because it is the only sea-creature that escapes on to dry land when one comes to catch it.

(c)The Halachah is - like R. Akiva.

(d)The Mishnah rules that a vessel manufactured from the skin of both sea-creatures and land-creatures - is subject to Tum'ah, even if the latter consists of only one thread or a string (see Tos. Yom-Tov [provided it is firmly joined to the garment, see Tos. Yom-Tov]).

27)

(a)The Mishnah informs us - that some vessels (see Tos. Yom-Tov) that are manufactured from what was created on the first and third days are subject to Tum'ah; whereas whatever is manufactured from what was created on the second, fourth and fifth days is Tahor.

(b)The former refers to earthenware vessels.

(c)And when he says that whatever was created on the ...

1. ... second day is Tahor, he is referring to - the sky (birds).

2. ... fourth day and the fifth is Tahor (with two exceptions [see Tos. Yom-Tov, end of DH 'Chutz ... ']), he is referring to - the luminaries in the sky.

28)

(a)One of the exceptions to the latter principle is vessels that are manufactured from the feathers of an Ozniyah (osprey), the other, an ostrich egg that has been overlaid (see Tos. Yom-Tov). The Chachamim decreed Tum'ah on ...

1. ... the feathers of an Ozniyah' - because they resemble vessels made from animal-skin, which people would otherwise come to declare Tahor.

2. ... an ostrich egg that has been overlaid - because (unlike the eggs of other birds) they are durable even when they have not been overlaid.

(b)R. Yochanan ben Nuri disagrees with - the former, failing to see why vessels manufactured from the skin of an Ozniyah should be different than any other feathers.

(c)Finally - the Mishnah declares whatever is manufactured from what was created on the sixth day subject to Tum'ah.

29)

(a)The Mishnah declares vessels that are made in the form of receptacles (K'lei Kibul) and vessels that are made to sit or to lie on - Tamei, irrespective of how little the former can hold and irrespective of how slightly the latter actually sits or lies on them (if he merely leans on them [see also Tos. Yom-Tov]).

(b)The Tana declares Tamei (see Tos. Yom-Tov) vessels that are made out of Or ...

1. ... Or ha'Matzah - animal skin that has not been treated (that has not been salted or had flour or gall-apples added to it).

2. ... a kind of grass (mixed with glue [Tos. Yom-Tov]).

30)

(a)Finally, the Mishnah rules that a pomegranate, an acorn or a nut which a child shaped into a receptacle (see Tos. Yom-Tov) - is subject to Tum'ah.

(b)He intends to use it either for measuring dust (see Tos. Yom-Tov) - or as part of a pair of scales.

(c)This is based on the principle she'Yesh lahem Ma'aseh ve'Ein lahem Machshavah, with reference to - where the child found the receptacle ready made, and decided to use it for one of the above (in which case it remains Tahor [see also Tiferes Yisrael]).

31)

(a)The Mishnah now discusses various Keilim which are subject to Tum'ah because they have a Beis Kibul. What all the items on the list have in common is that - they are all used by swindlers.

(b)The first three items on the list are K'nei Moznayim (the horizontal bar of scales), Machok (a stick used to flatten an overflowing measure of corn (and the like) and push it off the heap) and Esel (a hollow cane carried over the shoulder). The (sinful) function of the Beis Kibul of ...

1. ... K'nei Moznayim' is - to add mercury in the hollow and then, when placing goods that he is selling on one end of the scale, he tips the scales, causing the mercury to flow to that end of the bar, weighing it down.

2. ... Machok is - to render heavier the olive, oak or Eshkero'a-wood stick, used to flatten the bulging pile of corn which he is in the process of selling, thereby removing more than the average weight stick would have done.

3. ... Esel is - to place his wages inside it, and then to claim again, on the pretext that he has not yet been paid (escaping detection during the body search).

(c)One avoids using a Machok that is made of ...

1. ... lighter materials than the above species of wood - because it would entail removing less of the pile than one ought to, thereby cheating the purchaser.

2. ... heavier materials such as metal - because it would entail removing more of the pile than one should, thereby cheating the seller.

(d)The last two items on the list are a poor man's cane with a receptacle for water and a stick with a receptacle for a Mezuzah (see Tos. Yom-Tov) or jewels. The former (assuming the swindler uses it for ...

1. ... water) - is to drink from it and then claim that he is fasting (to evoke compassion [Rambam]).

2. ... oil) - is to use when working in the olive-press, to conceal oil inside it and take it home.

(e)The latter receptacle is used to - evade paying taxes at the border.

32)

(a)About all of the above, Rabban Yochanan ben Zakai declared Woe to me if I state them, woe to me if I don't - meaning 'Damned if I speak up' - because then people will take their cue from his words to cheat, and damned if I remain silent - because then the swindlers, thinking that their deeds are unknown to the Chachamim, will be encouraged to persist in their ways.

(b)It might have been better to remain silent - in keeping with the principle Shev ve'Al Ta'aseh Adif!

(c)He nevertheless considered saying it - due to the Pasuk in Hoshe'a "Yesharim Darkei Hash-m, Tzadikim Yeilchu bam, u'Resha'im Yikashlu bam (One is obligated to teach Torah for those who are righteous to learn from it, even if Resha'im will inevitably learn from it what is forbidden).

33)

(a)The Mishnah now differentiates between Tachtis ha'Tzorfin and Tachtis shel Nafachim. 'Tachtis' means - a base (similar to saucers). In the former case, it is a large base in which the gold or silver-smith sits as he works, and into which he places pieces of gold and silver (or into which the shavings fall [Tiferes Yisrael]); whereas in the latter, it is the base of the blacksmith's anvil.

(b)The Tana declares the former Tamei, the latter, Tahor

(c)The Dinim of the two Tachtiyos differ in that - (unlike the former) the latter is made neither to receive anything nor to sit in.

(d)A ...

1. ... wooden knife-sharpener is subject to Tum'ah - if it contains a cavity to hold oil (which is used to oil the sharpener before sharpening the knife).

2. ... wax writing-tablet is subject to Tum'ah - if it contains a cavity for wax.

34)

(a)R. Akiva declares a stubble mat - and a stubble tube, Tamei.

(b)R. Yochanan ben Nuri - declares them Tahor.

(c)Bearing in mind that they both have a Beis-Kibul (albeit only a slight one), the basis of their Machlokes is - whether such Keilim last (R. Akiva) or not (R. Yochanan ben Nuri [see also Tos. Yom-Tov]).

35)

(a)

1. R. Shimon compares the stalks of Paku'os - which, besides a wild pumpkin, might also refer to a small species of water-melon to stubble tubes (which are subject to the Machlokes between R. Akiva and R. Yochanan ben Nuri).

2. A mat of reeds or of Cheilef however - the Mishnah declares Tahor.

(b)We qualify this ruling - by confining it to Tum'as Sheretz (or any other area of Tum'as Maga). But it is subject to Tum'as Mishkav and Moshav (see Tos. Yom-Tov & Tiferes Yisrael) ...

(c)... unless it is made to cover a roof (like S'chach), in which case it will be Tahor, even if a Zav lies on it.

(d)A cane-tube that one cuts to use as a receptacle - for holding eye-paint and suchlike, might be Tahor and it might be Tamei.

(e)It becomes subject to Tum'ah - only after it has emptied of the white liquid that it contains (Prior to that, it is not even subject to Tum'ah de'Rabbanan).