[8a - 38 lines; 8b - 43 lines]

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

We recommend using the textual changes suggested by the Bach, the Tzon Kodashim, the Vilna Ga'on 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 8a [line 10]:

The colon is unnecessary

[2] Gemara [line 19]:

The colon is unnecessary

[3] Gemara [line 24]:

The colon is unnecessary

[4] Rashi 8a DH Lo Amar Ben Azai ד"ה לא אמר בן עזאי:

Should be corrected as suggested by Shitah Mekubetzes #37

[5] Rashi 8b DH Rebbi Shimon ben Elazar ד"ה רבי שמעון בן אלעזר:

Use the Girsa of the Tzon Kodashim #1


1)[line 24]"בהמתה""BEHEMTAH" - "its animals"(Devarim 13:16) (IR HA'NIDACHAS: Destruction)

(a)A city that was led astray (Nidach) to the extent that its inhabitants willfully committed idolatry, must be destroyed. All of those who were led astray must be killed and the city burned, along with all of the possessions of its inhabitants, as stated in Devarim 13:13-19. The righteous people who were not led astray are not killed, but their possessions are burned. The Madichim, those who influenced the city to commit idolatry, are punished with Sekilah (stoning) (RAMBAM Hilchos Avodas Kochavim 4:1).

(b)The Gemara here quotes Rebbi Shimon who derives from the word, "Behemtah" - "its animals," that only animals owned by the residents of the city are to be destroyed with the city, but not an animal that is a Bechor or an animal of Ma'aser (see next entry).

2)[line 25]מעשרMA'ASER (MA'ASAR BEHEMAH)

(a)Every year, a person must collect all of the Kosher animals that were born during that year into a corral. As they leave the corral through a narrow opening, one by one, the owner counts them and marks every tenth one as Ma'asar Behemah. The Mitzvah of Ma'asar Behemah is stated in Vayikra (27:32), "v'Chol Ma'asar Bakar va'Tzon, Kol Asher Ya'avor Tachas ha'Shavet, ha'Asiri Yiheyeh Kodesh la'Sh-m" - "And all of the herds and flocks shall be tithed as they are counted under the rod, every tenth one being consecrated to HaSh-m."

(b)Ma'asar Behemah is eaten by its owner. If it has no Mum (blemish or defect), it is offered as a Korban. After the blood and Eimurim (certain fats and organs of the Korban; see Background to Menachos 74:20) are offered on the Mizbe'ach, its meat is eaten by its owner in Yerushalayim during the following two days and the intervening night. An animal of Ma'asar Behemah may not be sold (Vayikra 27:33); however, if it has a Mum, the owner may slaughter and eat it anywhere. (SEFER HA'CHINUCH #360-361)

3)[line 25]מעשר שניMA'ASER SHENI

See Background to Temurah 3:6c:e

4)[line 32]נמכרין באיטליזNIMKARIN B'ITLIZ- are sold in the marketplace

5)[line 32]נשקלין בליטראNISHKALIN B'LITRA- are weighed with a Roman Libra, a pound

6a)[line 33]"ומעלה מעל בה'""U'MA'ALAH MA'AL BA'SH-M"- "[If a person sins,] and commits treachery against HaSh-m, [and lies to his neighbor about an object that was delivered to him to guard, or about money given to him as a loan, or about an object taken away by force, or he has defrauded his neighbor]" (Vayikra 5:21).

b)[line 32]לרבות קדשים קליםL'RABOS KODSHIM KALIM - this is to include Kodshim Kalim (SHEVU'AS HA'PIKADON)

(a)If a person claims that a fellow Jew owes him money or is unjustly holding onto an item that belongs to him, the claimant has the right to force the accused to take an oath that he holds no such money. The oath that the accused takes to assert that he is not harboring someone else's money or item is called Shevu'as ha'Pikadon.

(b)If the accused later admits to his sin, he must return what he stole, pay a fine of Chomesh (a fifth of the ensuing total, or a fourth of the original value of the money he withheld) and bring a Korban Asham (a ram worth at least two Sel'aim) to receive atonement (Vayikra 5:20-26). However, he does not pay the fine of Chomesh, nor does he bring a Korban Asham, unless he admits to having sworn falsely, whether he admits before witnesses come and attest that he stole the item, or whether he admits after witnesses come. However, if witnesses testify that he swore falsely, and he does not admit to it, he does not pay a Chomesh and he does not bring a Korban Asham as atonement for his false Shevu'ah. (In certain circumstances he is even exempt from paying the principle of the item that he stole, see Background to Bava Kama 106a.)

(c)For further discussion of this topic, see Background to Shevuos 31:18.

(d)The verse states, "v'Kichesh ba'Amiso" - "and [he] lies to his neighbor" (Vayikra 5:21), teaching that objects of Hekdesh are excluded from the laws of Shevu'as ha'Pikadon. Rebbi Yosi ha'Glili, however, learns from the words, "u'Ma'alah Ma'al ba'Sh-m" (ibid.), that Kodshim Kalim are considered the personal property of their owner. Consequently, a person may betroth a woman with them, and one who steals Kodshim Kalim and swears falsely about them can become obligated to bring a Korban Asham Gezeilos.

7)[line 34]בן עזאי אומרBEN AZAI OMER- Ben Azai is explaining his understanding of Rebbi Yosi ha'Glili's opinion


8)[line 22]אין רואין בכור לישראלEIN RO'IN BECHOR L'YISRAEL- we do not show a Bechor to a Mumcheh (an expert who examines any Mum it might have) in the presence of the Yisrael (who owns the Bechor), unless a Kohen is with him. This is because we are concerned that if the Mumcheh declares the Bechor to be a Ba'al Mum, the Yisrael might keep it for himself and not give it to a Kohen. See Background to Temurah 7:8.

9)[line 25]ככהן המסייע בבית הגרנותK'KOHEN HA'MESAYEI'A B'VEIS HA'GERANOS- like a Kohen who assists [the Yisrael] in the granary so that the Terumos should be given to him

10)[line 26]איקלעIKLA- came to

11)[line 28]מיבריMIVRI- it makes one healthy