[10a - 43 lines; 10b - 44 lines]

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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] Rashi 10a DH Tovas Hana'ah she'Lo ד"ה טובת הנאה שלו:

Should be corrected as suggested by Shitah Mekubetzes #22

[2] Gemara 10b [line 39]:

Should be corrected as suggested by Shitah Mekubetzes #18

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1)[line 9]"ואם המקדיש יגאל את ביתו [ויסף חמישית כסף ערכך עליו והיה לו]""V'IM HA'MAKDISH YIG'AL ES BEISO [V'YASAF CHAMISHIS KESEF ERKECHA ALAV V'HAYAH LO.]"- "And if he who sanctified it will redeem his house, [then he shall add the fifth part of the money of your estimation to it, and it shall be his.]" (Vayikra 27:15) - Rava derives from the fact that the verse does not say simply "v'Im Yig'al" that only the Makdish adds a Chomesh when he redeems his house.

2)[line 38]אין קדושה חלה על עובריןEIN KEDUSHAH CHALAH AL UBARIN- Kedushah does not take effect on a fetus. Bar Pada rules that one cannot be Makdish a fetus (as a Korban) independently from its mother. Rebbi Yochanan argues and rules that one can be Makdish a fetus independently of its mother.

10b----------------------------------------10b

3)[line 6]עובר לאו ירך אמוUBAR LAV YERECH IMO

There is a Machlokes whether "Ubar Yerech Imo" - "a fetus is no more than a thigh of its mother" (i.e. it is considered a part of its mother), or whether the mother and its fetus are considered to be two different entities. The Gemara here deduces from the words of Rebbi Yochanan that he maintains that they are two different entities, and thus a person can be Makdish one as a Korban without being Makdish the other. When the Gemara here says, "V'UBAR LAV YERECH IMO," it means "because" the Ubar is not part of its mother (as the Gemara says on Daf 19a, "d'Ubar Lav Yerech Imo").

4)[line 13]כיצד מערימין על הבכורKEITZAD MA'ARIMIN AL HA'BECHOR - how do we evade the Kedushah of Bechor from taking effect on a firstborn animal? (BECHOR BEHEMAH TEHORAH: MA'ARIMIN AL HA'BECHOR)

(a)Every firstborn (Bechor) male of an ox, goat or sheep becomes Kadosh with the Kedushah of Bechor when it comes out of its mother's womb. Its owner must give the Bechor to a Kohen. (See Background to Temurah 7:8.)

(b)The Mishnah in Temurah (24b) describes a way to evade giving one's Bechor to a Kohen. By declaring the Bechor as Hekdesh before it is born, one thereby prevents the status of Bechor from taking effect (since the Kedushah of a Bechor takes effect only after it emerges from the womb, "Kadosh me'Rechem").

(c)If a male animal is then born, then it is has the Kedushah of a Korban Olah. If a female animal is born, then it has the Kedushah of a Korban Shelamim. If two males (twins) are born, then one of them must be brought as an Olah, and the other is sold as an Olah and the money received is Chulin (and has no Kedushah). (This is because he intended his Neder to apply only to one animal, but since twins were born, the status of Hekdesh takes effect on both of the twins. An animal that becomes Hekdesh and is fit to be offered on the Mizbe'ach must be brought on the Mizbe'ach, and thus he must sell the second animal to someone who will use it as a Korban Olah.)

(d)If the animal that is born is a Tumtum or an Androginus (see above, entries #18 and #23), Raban Shimon ben Gamliel rules that it does not become Kadosh at all — it does not have the Kedushah of an Olah, nor that of a Shelamim, nor that of a Bechor. This is because, according to Raban Shimon ben Gamliel, a Tumtum or Androginus is considered a separate gender unto itself, and it is not considered a male or a female.

5)[line 21]מתנותMATANOS - the gifts of Zero'a, Lechayayim and Keivah which are given to Kohanim (MATNOS KEHUNAH: ZERO'A LECHAYAYIM V'KEIVAH)

(a)Whenever a person slaughters cattle, sheep or goats (that are not Kodesh), he must give to a Kohen the Zero'a, Lechayayim and Keivah (the foreleg, the [lower] jaw, and the maw or abomasum [the last of a cow's four stomachs] (Devarim 18:3). 1. The ZERO'A consists of the two upper sections of the right foreleg, until the shoulder blade; 2. The LECHAYAYIM consists of the lower jaw, from the joint where it is attached to the upper jaw until the thyroid cartilage, including the tongue; 3. The KEIVAH consists of the maw together with its Chelev and the curdled milk that it contains, but the Minhag of the Kohanim is to let the animal's owner keep the Chelev and the curdled milk (Chulin 134b, SEFER HA'CHINUCH #506).

(b)Although one must give the Zero'a, Lechayayim and Keivah to a Kohen, they may be eaten by a non-Kohen.

6)[line 25]גיזה / עבודהGIZAH / AVODAH- an animal that is Kadosh may not be sheared or worked with; see Background to Temurah 7:8c

7)[line 41]אבר שהנשמה תלויה בוEVER SHEHA'NESHAMAH TELUYAH BO- a limb of an animal's body, the removal of which does not result in death. Everyone agrees that if one is Makdish a vital organ or limb (the removal of which results in the animal's death), then the entire animal becomes Kadosh.

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