1)

(a)The Mishnah, discussing 'Ze'as Batim, Boros, Shichin u'Me'aros' - the sweat of a damp house, pit, trench or cave ...

(b)... declares it Tahor (not be'Chi Yutan) ...

(c)... and therefore not Machshir fruit Lekabeil Tum'ah.

2)

(a)What a Mikvah comprising Mayim She'uvim and Tamei water have in common is that - they both render a person Tamei (one by touching, the other, by Toveling in it.

(b)The Mishnah now rules that the perspiration of someone who perspires after ...

1. ... drinking Tamei water - is not b'Chi Yutan.

2. ... Toveling in a Mikvah comprising Mayim She'uvim - is'be'Chi Yutan (see Tos. Yom-Tov & Meleches Shlomoh DH 'be'Feirush R. Ovadyah) ...

(c)... because whereas the latter is the direct result of Mayim She'uvim (which is Tamei mi'de'Rabbanan), the former is not (See also Tiferes Yisrael).

3)

(a)If, in the latter case, he perspires only after drying himself - the perspiration is not be'Chi Yutan.

(b)Neither will the perspiration that he exudes following Tevilah in a Kasher Mikvah - because when he Tovels (which was the first time the water was drawn), he had no intention of detaching water when he Toveled (Refer also to Meleches Shlomoh cited above).

4)

(a)The Mishnah now draws a distinction between someone who perspires after bathing in a Tamei bath-house and someone who perspires after Toveling in a Tahor one. The current definition of ...

1. ... a Tamei bath-house is - one that comprises Mayim She'uvim (see Tos. Yom-Tov).

2. ... a Tahor bath-house is - one that comprises spring-water.

(b)The Tana rules that - the former is Tamei (see previous Tos. Yom-Tov); the latter, Tahor (refer to Meleches Shlomoh cited above).

(c)And he finally rules that if a pool comprising Tamei water causes the walls of the room to sweat - the sweat is be'Chi Yutan and Tamei.

5)

(a)The Mishnah rules that if there are two pools, one Tahor and one, Tamei, and a room that sweats is nearer to the former - it is Tahor, whereas if it is nearer to the latter - then it is Tamei.

(b)If it is exactly halfway - then it is Tamei.

6)

(a)The Tana now discusses a metal vessel that one manufactures by melting down pieces of two broken vessels, one Tahor and one, Tamei. Had it consisted entirely of a broken Tamei metal vessel that one melted down and re-shaped - it would be Tamei, and would require Haza'ah with the Mei Chatas on the third and seventh days, Tevilah and Ha'arev Shemesh) ...

(b)... because the Chachamim decreed Tum'ah Yeshanah (that the original Tum'ah returns) on metal vessels.

(c)Regarding the case in question, the Tana now rules - that if the majority of the metal is from the Tahor vessel, it is Tahor; if it from the Tamei vessel, it is Tamei, and the same applies ...

(d)... if it comprises exactly half of each vessel.

7)

(a)Chazal declared Nochrim Tamei like a Zav - including their urine.

(b)The Mishnah now discusses potties into which both Yisrael and Nochrim urinated. They are considered ...

1. ... Tahor (despite the fact that they are used by Nochrim) - provided the majority of users are Yisre'elim.

2. ... Tamei - if the majority of users are Nochrim.

8)

(a)The assumed status of bath-water that one pours out into the street (Mei-Shefichos) - is one of Tum'ah.

(b)If rain-water falls into it, then we follow the same principle as the previous cases. The water is Tamei however, even if the rain-water comprises the majority - if the latter gathered first and the former fell into it (see Tos. Yom-Tov).

9)

(a)The Tana Kama applies the same principles to someone who is cementing his roof or washing his clothes, and rain falls on them. The Tana assumes the water to be Tamei - because one tends to use Mei-Shefichos for these purposes

(b)According to R. Yehudah - if the rain became heavier, then in any case, we assume that it is the majority, and it is Tahor.

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

10)

(a)In a town where Yisre'elim and Nochrim live, the Tana Kama permits using a bathhouse that operates on Shabbos, immediately on Motza'ei Shabbos - only if the majority of residents are Nochrim.

(b)If the majority of residents are Yisre'elim or if it is a Safek - then one is obligated to wait the amount of time it would take to heat up the water ...

(c)... so as not to benefit from a Melachah that was performed on behalf of a Yisrael on Shabbos.

11)

(a)R. Yehudah permits a Yisrael to use the bathhouse immediately on Motza'ei Shabbos, even if the majority of the residents are Yisre'eilim - provided a. the bath is a small one and b. there as an Adam Chashuv ('Rashus' [an aristocratic person]) in the town.

(b)He defines an Adam Chashuv in this regard - as one who has ten slaves who will heat up ten kettles of water simultaneously on his behalf.

(c)Rashus generally refers to the ruling power, who are called by this name - because they have the authority to do as they please.

12)

(a)The Mishnah applies the same ruling to purchasing on Motza'ei Shabbos, vegetables that were picked on Shabbos. In a town which has a majority of Jewish residents (or which is half-half), one must wait - the time it takes to pick them (see Tos. Yom-Tov) and transport them from a nearby town (from which one could bring them), before purchasing them ...

(b)... even if they were really brought into town from a distant town on Shabbos (see Tos. Yom-Tov).

(c)The reason for having to wait bi'Chedei she'Ya'asu - is because we are afraid that people will exploit the situation and ask a Nochri to go and pick and bring the vegetables (or whichever other Melachah it may be)

(d)One is permitted to purchase them immediately however, irrespective of the number of Jewish residents - provided there is an Adam Chashuv in town (on whose behalf the vegetables will inevitably have been transported).

13)

(a)According to the Tana Kama, a baby that one finds in a town the majority of whose residents are ...

1. ... Nochrim - has the status of a Nochri.

2. ... Yisre'elim - has the status of a Yisrael.

(b)The ramifications of ...

1. ... the first ruling are that - one may even feed him Neveilos and T'reifos (see Tos. Yom-Tov).

2. ... the second ruling are that - one is even obligated to return his lost articles (see Tos. Yom-Tov).

(c)This is a big Chidush inasmuch as - one even goes so far as to extract the article from the finder (who cannot force the loser to prove that he is a Yisra'el).

(d)If the residents are divided equally - the baby is considered a Yisrael (as we will now explain).

14)

(a)The latter ruling only applies with regard to damages, inasmuch as if his ox (Shor Tam) damages that of a Yisrael, he pays only half the damage - because the Safek can say to the claimant 'Prove that I am not a Yisrael' (see Tos. Yom-Tov).

(b)In the event that ...

1. ... someone murders him however - the latter is Patur, because he can say to the Beis-Din 'Prove that he is a Yisrael.'

2. ... he betroths a woman - she requires a Get mi'Safek.

(c)To gain the full status of a Yisrael - he needs to Tovel for Geirus.

(d)R. Yehudah disagrees with the Tana Kama. According to him - we go (not after the majority of residents in the town, but) after the majority of people who cast their babies into the street. Consequently, even if there is only one Nochris in town, we assume the baby to be a Nochri.

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

15)

(a)The Mishnah obligates the finder to announce an article that he finds in a town in which both Yisre'elim and Nochrim reside - provided the majority of residents are Yisre'elim ...

(b)... of if at least half the residents are Yisre'elim (see Mishnah Achronah).

(c)And if one finds bread there, one may assume that it is Pas Yisrael - only if the majority of bakers are Yisre'elim.

(d)Even assuming that its standard ingredients are Kasher, the bread is forbidden in the event that the majority of bakers are Nochrim - because Pas Akum is one of the eighteen decrees listed in Shabbos (where Beis Shamai were in the majority [see Tos. Yom-Tov]).

16)

(a)If most people in town eat Pas Nekiyah (bread made from fine, sifted flour) - we follow the majority of people who eat Pas Nekiyah (rather than the status of the bakers [see Tos. Yom-Tov]) ...

(b)... because bakers do not generally bake Pas Nekiyah.

(c)R. Yehudah disagrees in a town where most people eat Pas Kibar - bread that is not Pas Nekiyah ...

(d)... by which, he maintains, we follow the majority of people who eat Pas Kibar (See Tiferes Yisrael).

(e)The Halachah is - like the Tana Kama (See Meleches Shlomoh).

17)

(a)The Tana rules that if someone finds raw meat in the above town - we go after the nationality of the majority of butchers; whereas if the meat was cooked - we go after the majority of people who eat cooked meat.

(b)It seems at first, that the Mishnah does not follow the opinion of Rav, who rules that - Basar she'Nis'alem min ha'Ayin (meat that was out of sight even for a short time) is Asur.

(c)We reconcile Rav with the Mishnah however - by establishing the case where the finder had his eye on the piece of meat from the time the animal was Shechted until the owner dropped it, only he does not know the identity of the Shochet.

18)

(a)The criterion that determines whether fruit (incorporating crops) that one finds on the street is Patur from Ma'asros or Chayav is - whether most of the owners tend to take the fruit home (Patur) or to sell in the market (Chayav).

(b)One reason for this is because most people take their stock to sell in the market from the house - which renders the fruit subject to Ma'asros (Tos. Yom-Tov).

(c)Alternatively, it is because, unlike those who take the fruit home to eat, who Ma'aser it immediately, those who take it home to sell, generally postpone Ma'asering it, due to the fact that in the meantime, they eat from it casually, without having to Ma'aser it.

(d)If the numbers is half-half - it is D'mai.

19)

(a)R. Meir rules that a store into which both Yisre'elim and Nochrim place their fruit to sell, assuming that the majority of those concerned are ...

1. ... Nochrim - is Vaday Tevel.

2. ... Yisre'elim - is D'mai.

3. ... half-half - is Vaday Tevel.

(b)D'mai entails - separating T'rumas Ma'aser, Ma'aser Rishon and Ma'aser Sheini or Ma'aser Ani.

(c)R. Meir obligates the fruit of a Nochri to be Ma'asered - based on the principle Ein Kinyan le'Akum be'Eretz Yisrael Lehafki'a min ha'Ma'aser (a Nochri cannot acquire land in Eretz Yisrael to remove the Chiyuv Ma'asros [see Tos. Yom-Tov]).

20)

(a)According to the Chachamim, in the previous case - even if one of the partners is a Yisrael and all the rest are Nochrim, the fruit is D'mai ...

(b)... because they maintain that Yesh Kinyan le'Akum be'Eretz Yisrael Lehafki'a min ha'Ma'aser (See Tos. Yom-Tov).

(c)The Halachah is - like the Chachamim.

21)

(a)The Mishnah now discusses the fruit of one year that became mixed together with fruit of the year before. The fruit of the first and second, fourth and fifth years of the Sh'mitah cycle require the separation of Ma'aser Rishon and Sheini - whereas in the third and sixth years - Ma'aser Sheini is replaced by Ma'aser Ani.

(b)The fruit of the Sh'mitah is Patur from Ma'asros altogether - in addition to which it has Kedushas Shevi'is, and must be treated accordingly.

(c)The Tana now rules that if the fruit of any two years became mixed together - the majority will determine its status (whether it is Chayav Ma'aser Sheini or Ma'aser Ani, or whether it is Chayav Ma'asros or Patur).

(d)The Tana includes a case of fruit of the fourth and fifth years, whose Ma'asros are exactly the same (see Tiferes Yisrael) - either for balance (not to leave a gap in the middle of the cases, or because of the Isur of mixing the fruit of two years [in the event that he wants to combine it with other fruit that grew in one of those two years]. See Tos. Yom-Tov).

22)

(a)If one mixed the equivalent amount of fruit from the sixth year together with fruit from ...

1. ... the fifth year - he must separate one Ma'aser (besides Ma'aser Rishon), redeem it with money, and then distribute the fruit to the poor and take the money to Yerushalayim and purchase food with it there.

2. ... the seventh - he must separate one Ma'aser (besides Ma'aser Rishon) and treat it with Kedushas Shevi'is ...

(b)... by not doing business with it, using it for medicinal purposes or wasting it, and destroying it (Biy'ur) when the time falls due.