[28a - 38 lines; 28b - 56 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 28a DH v'Oros Levuvin ã"ä åòåøåú ìáåáéï
Should be corrected as suggested by Shitah Mekubetzes #13
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1)[line 2]äøåáò åäðøáòHA'ROVE'A VEHA'NIRBA
(a)A Rove'a and a Nirba are animals that had relations with a human, as forbidden in Vayikra 20:15-16. These animals are put to death so that they should not cause other people to sin in a similar manner, and in order not to cause disgrace to the sinner by reminding all who see these animals of the sin that was done with them (Sanhedrin 54a).
(b)In the instance of a Rove'a and a Nirba, only if two witnesses saw the act is the animal stoned by Beis Din and is the corpse Asur b'Hana'ah. If only one witness saw it, or if there were no witnesses but the owner told Beis Din of the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be brought as a Korban.
2)[line 2]äîå÷öäHA'MUKTZAH - set aside [for idolatry] (MUKTZAH)
A Muktzah is an animal that has been set aside ("Muktzah") to be used as an offering for Avodah Zarah. It is unfit to be brought as a Korban. In order to give an animal the status of a Muktzah, some form of action must be performed upon it for Avodah Zarah purposes. Mere speech (Hekdesh l'Avodah Zarah) is not sufficient.
b)[line 2]äðòáãHA'NE'EVAD - worshipped (NE'EVAD)
(a)A "Ne'evad" refers to an animal that was "worshipped" as Avodah Zarah.
(b)Normally, an object that is worshipped as Avodah Zarah, e.g. an idol, becomes Asur b'Hana'ah — it is forbidden to derive any benefit from it (see Background to Chulin 23:2). There are, however, certain types of objects that do not become prohibited when they are worshipped or used in the service of Avodah Zarah. Animals do not become prohibited (Avodah Zarah 46a).
(c)Even though animals do not become Asur b'Hana'ah (as mentioned above), nevertheless they become invalidated from being used for holy purposes, such as being offered as a Korban. Even though they are not Asur b'Hana'ah, they are considered abhorrent to be used for a holy purpose (Avodah Zarah 46b-47a).
(d)Even though animals do not become Asur b'Hana'ah when worshipped as Avodah Zarah, nevertheless they do become Asur b'Hana'ah when they are worshipped with a physical action. Therefore, if one pours a wine libation on an animal that does not belong to him, or if one began to slaughter an animal to an idol, the animal becomes Asur b'Hana'ah even for ordinary uses.
3)[line 3]äàúðïHA'ESNAN - a harlot's wage (ESNAN)
An Esnan is an item given to a harlot for her wage, which may not be brought as a Korban, as stated in Devarim 23:19. For example, if a person gives a sheep to a harlot as her wage, she, or anyone else, may not designate that sheep as a Korban.
4)[line 3]îçéøMECHIR - an exchange [for a dog] (MECHIR KELEV)
An animal that was exchanged for a dog may not be brought as a Korban, as stated in Devarim 23:19.
5)[line 3]äëìàéíHA'KIL'AYIM - a forbidden mixture (KIL'AYIM: KIL'EI BEHEMAH)
(a)The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Many different types of forbidden mixtures can be referred to by the term "Kil'ayim." Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem (see Background to Menachos 69:48), Kil'ei Zera'im (see Background to Avodah Zarah 63:22) and Harkavas ha'Ilan (see Background to Kidushin 39:23a:d). Two types of Kil'ayim apply to animals: Harba'ah (see below), and Charishah b'Shor va'Chamor (see Background to Bava Metzia 90:34:c). One type of Kil'ayim applies to clothing: Sha'atnez (see Background to Menachos 39:5). (It is also prohibited to cook meat and milk together, but this is not referred to as "Kil'ayim.") Our Gemara refers to the Kil'ayim of Harba'ah.
(b)Harba'as Behemah refers to the prohibition of mating together any two different types of animals or birds (Bava Kama 54b), as the Torah states, "Behemtecha Lo Sarbi'a Kil'ayim" (Vayikra 19:19). One who intentionally transgresses this prohibition is liable to Malkos.
(c)Animals that are produced through Harba'as Behemah are permitted to be used (see Tosfos Chagigah 2b DH Lisa), but may not be offered as Korbanos.
6)[line 6]æä åæä îåúø áàëéìäZEH V'ZEH MUTAR BA'ACHILAH- both this and this (Muktzah and Ne'evad) are permitted to be eaten (but may not be brought as Korbanos)
7)[line 23]ééï ðñêYAYIN NESECH
(a)Wine that was poured as an idolatrous libation is Asur b'Hana'ah. This is derived from the verse, "Asher Chelev Zevacheimo Yochelu, Yishtu Yein Nesicham" - "Those who ate the fat of their sacrifices, and drank the wine of their drink-offerings" (Devarim 32:38), which compares the wine of libations to an animal sacrificed for idolatrous purposes.
(b)The Chachamim prohibited even wine of a Nochri that was not poured as a libation ("Stam Yeinam") out of fear that drinking wine together would lead to intermarriage. In order to avoid confusion between Yayin Nesech and Stam Yeinam, the Chachamim instituted that Stam Yeinam is also Asur b'Hana'ah (one of the "Eighteen Decrees" — Shabbos 17b). Although this is only an Isur mid'Rabanan, it is a very severe prohibition (see Chochmas Adam 75:1).
8)[line 23]öéôåøé îöåøòTZIPOREI METZORA
On the day that a Metzora is healed from his leprosy, he takes two kosher birds, a piece of cedar, some crimson wool and a hyssop branch. First one of the birds is slaughtered over fresh spring water in a clay bowl, and then a Kohen dips the other bird along with the other articles into the spring water that is mixed with the blood and sprinkles the mixture seven times on the Metzora. The living bird is then sent away towards the fields. The Metzora immerses his clothes in a Mikvah, the Kohen shaves off all his hair, the Metzora immerses himself in a Mikvah, and that completes the first part of his purification process. (The second part, which involves Korbanos, is done a week later.)
9)[line 24]òåøåú ìáåáéïOROS LEVUVIN- and the hides of animals whose innards were removed through a round hole cut near the heart and sacrificed to Avodah Zarah
10)[line 24]ùéòø ðæéøSE'AR NAZIR - the shaving of a Nazir (TIGLACHAS HA'TAHARAH)
When a Nazir completes his period of Nezirus, he must offer three sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram as a Shelamim. Together with the Shelamim he brings 6 and 2/3 Esronos of Soles (fine flour), which are made into 20 loaves of Matzah, 10 Chalos (unleavened loaves of Matzah) and 10 Rekikin (flat Matzos). He then shaves off the hair of his head and burns it under the pot in which the Zero'a (the right foreleg) of the Shelamim is cooked (Bamidbar 6:18). His hair is Asur b'Hana'ah.
11)[line 24]ôèø çîåøPETER CHAMOR - a firstborn donkey (PETER CHAMOR)
(a)There is a Mitzvah to redeem each firstborn male donkey, as the verse states, "v'Hayah Ki Yevi'acha HaSh-m El Eretz ha'Kena'ani... v'Chol Peter Chamor Tifdeh v'Seh, v'Im Lo Sifdeh va'Arafto" - "And it shall come to pass that when HaSh-m brings you to the land of the Kena'ani... And every firstborn donkey must be redeemed with a sheep [that is given to a Kohen]. If it is not redeemed, you must decapitate it" (Shemos 13:11-13).
(b)After the donkey is redeemed with a sheep, the sheep must be given to a Kohen. Both the donkey and the sheep are Chulin and may be used in any manner that a person desires. If the donkey is not redeemed, there is an argument among the Tana'im whether it is Asur b'Hana'ah or not. After Arifah is performed, it is Asur b'Hana'ah.
(c)The donkey may also be redeemed with any other object of value. However, if it is redeemed with anything but a sheep, the object that is used must have the same value as the donkey. If it is redeemed with a sheep, there is no minimum value for the sheep. (Sefer ha'Chinuch #22, #23)
12)[line 25]ùåø äðñ÷ìSHOR HA'NISKAL
(a)The term Shor ha'Niskal (or Behemah she'Nehergah) refers to any animal or bird that is stoned to death by Beis Din. Such an animal is Asur b'Hana'ah after the death sentence is issued. One of the instances of Shor ha'Niskal is an animal that killed a person, as described in Shemos 21:28-31 and in Sanhedrin 2a.
(b)In the event that an animal killed a person, only if two witnesses saw the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one witness saw it, or if there were no witnesses but the owner told Beis Din of the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be brought as a Korban.
13)[line 25]òâìä òøåôäEGLAH ARUFAH
(a)If a Jew is found murdered in a field (in Eretz Yisrael) and it is not known who the murderer is, the Torah requires that an Eglah Arufah be brought in order to atone for the blood that was spilled (Devarim 21:1). The procedure is as follows:
(b)Five elders (according to the opinion of Rebbi Yehudah, which is the Halachah) of the Beis Din of the Lishkas ha'Gazis (the Jewish Supreme Court) measure the distance between the dead body and the cities around it to determine which city is closest to it.
(c)The elders of the city that is closest to the corpse must bring a female calf that has never been worked (see Background to Bava Metzia 30:12:b) to a Nachal Eisan (a swiftly flowing stream - RAMBAM Hilchos Rotze'ach 9:2; a valley with tough soil - RASHI). They strike it on the back of its neck (Arifah) with a cleaver, severing its spinal column, gullet and windpipe. This calf is the "Eglah Arufah" and becomes Asur b'Hana'ah.
(d)The elders of the closest city then wash their hands there and say, "Our hands have not spilled this blood, and our eyes did not see [the murder]" (Devarim 21:7). This includes a proclamation that the dead man was not sent away from the city without the proper food for his journey or the proper accompaniment. The Kohanim that are present say, "Atone for Your people Yisrael whom You have redeemed, HaSh-m, and do not place [the guilt for] innocent blood in the midst of Your people, Yisrael" (ibid. 21:8). After this procedure, HaSh-m will grant atonement for the innocent blood that was spilled (RAMBAM Hilchos Rotze'ach 9:3).
(e)The calf that is used as the Eglah Arufah must be fully healthy and cannot be a Tereifah, as the Gemara derives from the verse (Devarim 21:6; see TOSFOS DH ha'Arufah).
28b----------------------------------------28b
14)[line 7]öéôåééï îåúøéïTZIPUYAN MUTARIN- what is used to cover or decorate them is permitted to be used
15)[line 52]"åéäé áìéìä ääåà, åéàîø ìå ä' ÷ç àú ôø äùåø àùø ìàáéê åôø äùðé ùáò ùðéí; [åäøñú àú îæáç äáòì àùø ìàáéê, åàú äàùøä àùø òìéå úëøú]""VA'YEHI BA'LAILAH HA'HU, VA'YOMER LO HASH-M: KACH ES PAR HA'SHOR ASHER L'AVICHA U'FAR HA'SHENI SHEVA SHANIM; [V'HARASTA ES MIZBACH HA'BA'AL ASHER L'AVICHA, V'ES HA'ASHEIRAH ASHER ALAV TICHROS]" - "And it was on that night that HaSh-m said to him: Take the bull that belongs to your father and a second bull [fattened for Avodah Zarah] for seven years, [and demolish your father's altar of Ba'al, and cut down the idol tree that is on it] (Shoftim 6:25) (GID'ON'S SACRIFICE)
(a)Yisrael was groaning under the heavy yoke of the Midyanim. One day, while Gid'on was beating wheat in the wine-press to conceal his actions from Midyan, an angel appeared to him and sat underneath the oak-tree in Ofrah. This belonged to his father, Yo'ash, from the family of Avi'ezer from the tribe of Menasheh. The angel informed him that HaSh-m was with him. Gid'on asked that if HaSh-m is with Yisrael, then why are they subjugated by their oppressors? The angel replied that it was precisely on account of his defense of Klal Yisrael that he had been chosen to lead Yisrael to victory against the Midyanim, and that is why he would succeed.
(b)Pointing out that the section of the family to which his father belonged was the least important in the wider family, and that he was the youngest of his father's children, Gid'on wanted to know how he could possibly succeed in such an important mission. When HaSh-m replied that He would be with him, and that he would defeat Midyan with ease, he asked for a sign that it was HaSh-m who indeed was speaking with him.
(c)Asking HaSh-m to wait while he brought his gift, he returned a short while later with a kid-goat and an Eifah of Matzah-flour. He prepared the goat, which he placed in a basket and its gravy in a pot, and he put them all under a local oak-tree. The angel instructed him to place the goat and the Matzos on a certain rock and to pour out the gravy.
(d)The angel then stretched out the edge of the staff he was holding and touched the meat and the Matzos, and a fire emerged from the rock and consumed them. The angel himself disappeared. Realizing that he had just seen an angel face to face, Gid'on (like Mano'ach, Shimshon's father after him) was gripped with fear that he was about to die, but HaSh-m assured him that all would be well and that he would not die. That was when he built the Mizbe'ach.
(e)The revelation mentioned in this verse took place on the following night, when HaSh-m instructed him to build another Mizbe'ach and to offer upon it the two bulls mentioned in the verse. In fact, a number of prohibitions were specifically permitted to him that night: Shechutei Chutz (sacrificing a Korban outside the Azarah); Lailah (offering a Korban at night); Zarus (a non-Kohen offering a Korban); Avnei Mizbe'ach (the Mizbe'ach was made from stones that had been taken from an altar of Ba'al); Klei Asheirah (the vessels were made from the wood of an idol tree); Muktzah (an animal that was designated for Avodah Zarah); and Ne'evad (an animal that was actually worshipped as Avodah Zarah).
(f)With the help of ten of his servants, Gid'on did exactly as he had been commanded. Since he was afraid to offer Korbanos to HaSh-m during the day, he brought the Korbanos at night.
(g)When, the following morning, the men of the city demanded that Yo'ash have his son killed for having the audacity to destroy the altar of Ba'al, he replied simply that Ba'al was big enough to avenge what his son had done, and that if Ba'al was really a god, then his son Gid'on would die by the following morning. Because Yo'ash used the term, "Yariv Ba'al" ("Ba'al will fight for himself"), Gid'on adopted the name, "Yeruba'al."
(h)Gid'on went on to defeat the Midyanim decisively.