[14a - 48 lines; 14b - 41 lines]

1)[line 4]אימת?EIMAS?- when [is this disagreement applicable]?

2)[line 5]בת קולBAS KOL - a heavenly voice

(a)One form of revelation below that of true prophecy is called a Bas Kol (lit. echo). This refers to a heavenly voice that can be heard only by individuals on a high spiritual level. In numerous places throughout the Talmud, we find instances in which those on earth gained information from Heaven relayed through a Bas Kol.

(b)If a Bas Kol conveys a Halachic ruling, it is not accepted if it runs contrary to the majority opinion among the Chachamim currently alive. Some Tana'im go so far as to maintain that the testimony of a Bas Kol may be disregarded by the minority opinion even if it does back up the opinion of the majority. This is termed "Ein Mashgichim b'Vas Kol." Some explain that this opinion is that of Rebbi Yehoshua (Tosfos DH Rebbi), whereas others maintain that Rebbi Yehoshua is of the opinion that "Mashgichim b'Vas Kol," and it is an anonymous authority that goes farther than Rebbi Yehoshua (TOSFOS to Berachos 52a DH Rebbi).

(c)The Bas Kol referred to in our Gemara proclaimed that the Halachah follows the rulings of Beis Hillel (Eruvin 13a).

3)[line 9]רובאRUBA- the majority

4)[line 12]מחדדי טפיMECHADEDEI TEFEI- were sharper [in their Torah learning]

5)[line 14]אין משגיחין בבת קולEIN MASHGICHIN B'VAS KOL- see above, entry #2

6)[line 15]קרינן כאן...!KARINAN KAN...!- we should apply here...!

7)[line 18]מוריםMORIM- rule

8)[line 23]פלגPLAG- half

9)[line 25]רבי אליעזרREBBI ELIEZER (MACHSHIREI MITZVAH DOCHIN ES HA'SHABBOS - The Preparations for a Mitzvah Defer Shabbos)

(a)Certain Mitzvos may be fulfilled on Shabbos even though doing so requires the performance of a Melachah (one of the thirty-nine creative acts of labor normally forbidden on Shabbos). Rebbi Eliezer maintains that not only does the actual Mitzvah defer the prohibitions in effect on Shabbos, but so do any preparatory acts necessary for that Mitzvah ("Machshirei Mitzvah") (Mishnah, Shabbos 130a). The classic example of Rebbi Eliezer's allowance is in the case of Bris Milah (circumcision). Although it is normally forbidden to cut a living being on Shabbos, Milah is permitted when the eighth day of a child's life falls on Shabbos. Rebbi Eliezer allows one to chop trees into firewood, burn it so as to produce coals, and then utilize those coals to forge the knife necessary to perform a Bris Milah on Shabbos. Rebbi Akiva disagrees with this premise, ruling that only the act of Milah itself is permitted on Shabbos. Any Melachah that could have been performed prior to the onset of Shabbos - even one as basic as bringing the knife into the same Reshus (domain) as the baby so as to avoid the prohibition against Hotza'ah (carrying from one domain to another; see Background to Beitzah 37:13), and certainly chopping down trees, etc. - may not be performed on Shabbos, even had they been forgotten before Shabbos. The Chachamim agree with Rebbi Akiva.

(b)Rebbi Eliezer allows the performance of Machshirei Mitzvah on Shabbos or Yom Tov even for a number of Mitzvos that do not themselves defer Shabbos, as they do not necessarily require any Melachos forbidden on Shabbos in their fulfillment. For each of these, Rebbi Eliezer derives from a verse that these Machshirim are permitted (Shabbos 131a).

(c)Those Mitzvos whose Machshirim are permitted according to Rebbi Eliezer are:

1.Bris Milah

2.Offering the Minchas ha'Omer on the second day of Pesach (see Background to Moed Katan 4:2)

3.Offering the Shtei ha'Lechem on Shavuos (see Background to Rosh Hashanah 16:26)

4.Taking the Arba'as ha'Minim on Sukos (see Background to Sukah 11:16:a)

5.Sitting in a Sukah on Sukos

6.Eating Matzah on the first night of Pesach

7.Blowing a Shofar on Rosh Hashanah

The common denominator shared by all of the above Mitzvos is that they must be performed at a particular time; there is no way to fulfill them on any other day. If the fulfillment of a Mitzvah may be circumvented, however, then Rebbi Eliezer does not allow the Machshirim of that Mitzvah to be performed on Shabbos. For this reason, Tzitzis strings may not be tied onto the corners of a four-cornered garment which one wishes to wear on Shabbos, nor may a Mezuzah be affixed to one's door on Shabbos. This is because one may declare his garment or house ownerless, in which case they do not require Tzitzis or Mezuzah, respectively (Shabbos 131a).

(d)Rava posits that although Rebbi Eliezer allows preparations for a Mitzvah to override the prohibitions of Shabbos, he requires one to perform the Melachah in as least serious a manner as possible (Eruvin 103a-b). This is not required, however, if it delays the performance of the Mitzvah (TOSFOS DH Mah, Eruvin 103b). Rebbi Eliezer does not require one to make an attempt to perform the Melachos before Shabbos, however; in fact, those following his ruling would intentionally leave the Machshirei Mitzvah over to Shabbos so as to involve themselves that much more in the Mitzvah in its proper time (TOSFOS DH bi'Mekomo).

10)[line 26]כורתיםKORSIM- cut

11)[line 27]פחמיםPECHAMIM- coals

12)[line 27]ברזלBARZEL- [a knife out of] iron [with which to perform Milah]

13)[line 27]ר' יוסי הגליליREBBI YOSI HA'GLILI (BASAR B'CHALAV - Meat and Milk Together)

(a)The verse, "Lo Sevashel Gedi ba'Chalev Imo" - "Do not cook a young lamb in its mother's milk," appears three times in the Torah (Shemos 23:19, 34:26, and Devarim 14:21). Chazal understand that this teaches us that three distinct actions are prohibited: 1. cooking meat and milk together; 2. eating meat and milk that have been cooked together; and 3. deriving any benefit from meat and milk that have been cooked together.

(b)In addition to these Torah prohibitions, the Chachamim instituted that one may not consume meat and milk at the same time, even had they not been cooked together. Additionally, they decreed that these prohibitions apply even to the meat of fowl. This is clearly not included in the Torah verses, as fowl do not produce mother's milk. Rebbi Yosi ha'Glili maintains that it is permitted to cook, consume, and derive benefit from milk cooked with fowl.

(c)One who intentionally cooks, eats, or derives benefit from meat and milk cooked together after receiving a proper warning from witnesses receives Malkus (lashes).

(d)Although this law is Torah-mandated and requires no explanation, a number of underlying reasons are suggested by the commentators. One is that meat represents the death of the animal, whereas milk represents new life. It is not proper to mix life and death (REKANATI, TZEROR HA'MOR, ZOHAR 2:124b). Another suggestion is that eating meat and milk together used to be an idolatrous custom practiced specifically on festivals (MOREH NEVUCHIM 3:48; RALBAG). The SEFER HA'CHINUCH (#92 and #113) proposes that eating a mixture of meat and milk detrimentally affects one's character.

14)[line 31]מקומות מקומותMEKOMOS MEKOMOS- [if opposing practices are carried out in] two different places

15)[line 31]ודקארי לה מאי קארי לה?UD'KE'ARI LAH MAI KE'ARI LAH?- [this answer is basic;] what was the mindset of he who proposed the question?

16)[line 32]איקלעIKLA- went

17)[line 33]אתריהASREI- the place of

18)[line 33]מטלטלMETALTEL (MUKTZAH MACHMAS ISUR - That Which One May Not Move on Shabbos since it was Prohibited to do so at the Onset of Shabbos)

(a)Muktzah literally means "set aside" or "designated." With regard to Shabbos, this term is used to describe items which one has no intention to use on Shabbos, such as wood stacked in a barn. Anything that a person had no intention of using on Shabbos during Bein ha'Shemashos (twilight) at the start of Shabbos [or Yom Tov] - for any reason - is included in the category of Muktzah and may not be moved on Shabbos.

(b)Rebbi Shimon permits many categories of Muktzah that are prohibited by Rebbi Yehudah. One of these categories is that of "Muktzah Machmas Isur" - "that which one did not plan on using on Shabbos since the prohibitions of Shabbos preclude one from doing so." Rebbi Yehudah rules that if one may not move an object during Bein ha'Shemashos due to the fact that it is prohibited to do so on Shabbos, one may not move it for the rest of Shabbos, even if the original reason for the prohibition no longer applies. Rebbi Shimon allows moving such an item should it become permissible to do so.

(c)The case discussed in our Gemara is that of a lamp that was lit and subsequently extinguished on Shabbos. Since it was lit on Shabbos, this is a very strong case of Muktzah Machmas Isur, as it was actively prohibited on Shabbos itself. In such a case, Rebbi Yochanan prohibits one from carrying the lamp for the rest of Shabbos, even if it has been extinguished. Rebbi Yehoshua ben Levi, however, sides with Rebbi Shimon and permits one to do so at that point.

19)[line 33]שרגאSHERAGA- an earthenware oil lamp [that had been lit on Shabbos and subsequently extinguished]

20)[line 37]שמעאSHAM'A- an attendant [who may have carried such a lamp even in the place where Rebbi Yochanan lived]

21)[line 38]דמודע ליהD'MODA LEI- he would inform him [of his reasoning, and that to do so would be improper] (see Insights)

22)[line 42]ממזריםMAMZERIM- illegitimate offspring of those whose union is punishable by Kares (early death; see Background to 8:31), who may not marry a Jew or Jewess of purer lineage

23)[line 42]אין ממזר מחייבי כריתותEIN MAMZER ME'CHAYVEI KERISUS- those with the status of "Mamzer" do not result from a union punishable by Kares [but rather only from a union punishable by the death penalty administered by Beis Din]

24)[line 44]איסור ערוהISUR ERVAH- those with whom one is forbidden to have relations [as specified in Vayikra 18:6-18]

25)[line 45]דמודעי להו ופרשיD'MOD'I LEHU U'FARSHEI- [Beis Shamai] would inform [Beis Hillel of those families that were Mamzerim according to their ruling] and they would refrain [from marrying into them]


26)[line 7]מאי אולמיה דהך מהך?U'MAI ULMEI D'HACH ME'HACH?- what is the strength of this [proof from the case of Tamei and Tahor vessels that Beis Shamai acted upon their own rulings, but informed Beis Hillel when it would impact upon them] over that one [from Tzaros]? [It is possible to explain both with the understanding that Beis Shamai did not act upon their own rulings!]

27)[line 7]צרה קלא אית להTZARAH KALA IS LAH- [it would have been unnecessary for Beis Shamai to have notified Beis Hillel regarding the lineage of one descended from] the co-wife of an Ervah [since such information] is widely known. Our Gemara explains that the proof from the case of Tamei and Tahor vessels is not that Beis Shamai acted upon their own rulings, but rather, assuming that they did, that it was necessary for them to notify Beis Hillel of what they should steer clear of.

28)[line 12]פשיטא!PESHITA!- it is obvious [that Beis Shamai did not consider the children of the co-wife of an Ervah who did not receive Chalitzah to be a Mamzer]!

29)[line 13]היא גופא חייבי כריתות היא!HI GUFA CHAYVEI KERISUS HI!- the case [in which Beis Hillel differs with Beis Shamai in our Mishnah] is one punishable by Kares [in which case the resulting children will be Mamzerim]!

30a)[line 17]אחיותACHAYOS- sisters. The Mishnah (26a) discusses a case in which two sisters married to two brothers fall to two remaining brothers. The only option open to the remaining brothers in this case is Chalitzah. This is because Zikah - the relationship binding a Yavam to his Yevamah/os - is similar to Kidushin (betrothal). Were one to perform Yibum with one of these two sisters, he would be, in a sense, married to two sisters, which is forbidden (Vayikra 18:18). Rebbi Eliezer maintains that Beis Shamai and Beis Hillel disagree if the brothers disregard the Halachah and each one performs Yibum with one of the sisters. Beis Shamai allows them to remain married after the fact, whereas Beis Hillel requires them to divorce their sisters-in-law.

b)[line 17]גט ישןGET YASHAN- an old divorce document. Beis Shamai and Beis Hillel disagree in a case in which one writes a Get (divorce document), intending to give it to his wife, but secludes himself with her before doing so. Beis Hillel prohibit the use of such a Get. They are concerned that if a child is conceived after the date written on the Get, it will be assumed that he was conceived out of wedlock. Beis Shamai do not consider this possibility to be a cause for concern (Mishnah and Gemara, Gitin 79b).

c)[line 17]ספק אשת אישSAFEK ESHES ISH- a woman who may or may not be married. RASHI offers two possible disagreements between Beis Shamai and Beis Hillel to which this may be referring: (a) The marriage of a girl younger than twelve who was married off by her mother or older brother is valid only mid'Rabanan. They decreed that she can annul such a marriage retroactively by declaring that she no longer wishes it; this is termed Mi'un (see Background to Yevamos 1:8). Since she may revoke her status as a married woman at any time, that status is in doubt. Beis Shamai maintain that only a girl who is an Arusah (one who has undergone only the first stage of marriage, after which intimacy is forbidden) may employ Mi'un. Beis Hillel rule that Mi'un is possible even after Nisu'in (the second and final stage of marriage; see Background to Yoma 13:5) (Mishnah, Yevamos 107a). This is also the explanation endorsed by TOSFOS DH uv'Safek; (b) One who does not wish his wife to fall to Yibum may give her a conditional Get. One possible way of phrasing such a Get is, "This Get will retroactively divorce you from today should I die as a result of this sickness." If a man gives such a Get to his wife, her marital status is in constant doubt, since she will have already been divorced at that point if her husband dies as a result of his sickness. Since she may not be his wife at that point, they must not seclude themselves with each other. If they do, Rebbi Yehudah maintains that it is assumed that they are married from that point even if he does die as a result of his illness. Rebbi Meir is in doubt as to her marital status (Mishnayos and Gemara, Gitin 72a-74a). Rashi suggests that this disagreement is the same as that between Beis Shamai and Beis Hillel in the following case (see next case, (d)).

d)[line 18]מגרש את אשתו ולנה עמו בפונדקMEGARESH ES ISHTO V'LANAH IMO B'FUNDAK- one who divorced his wife and then sleeps overnight in seclusion with her at an inn. If witnesses observe a man secluding himself with his ex-wife, Beis Hillel maintain that he must give her another Get. This is due to a principle termed "Hen Hen Edei Yichud, Hen Hen Edei Bi'ah" - "Witnesses to seclusion are tantamount to witnesses to relations [with intent to betroth]." This is based upon the idea that "Ein Adam Oseh Be'ilaso Be'ilas Znus" - "One is assumed to limit his intimate relations to marriage." Therefore, the individual in question must have re-betrothed his former wife through the relations (this is one way of betrothing a woman; see Mishnah, Kidushin 2a). Beis Shamai posit that "Adam Oseh Be'ilaso Be'ilas Znus" - "One is not necessarily assumed to limit his intimate relations to marriage." Therefore, his wife need not receive another Get, for - even if relations took place - there is no reason to assume that they were done with intent of betrothal (Mishnah, Gitin 81a).

e)[line 19]כסף ובשוה כסף בפרוטה ובשוה פרוטהB'CHESEF UV'SHAVEH KESEF, B'PERUTAH UV'SHAVEH PERUTAH- with silver and the equivalent thereof, with a Perutah (a small coin) and the equivalent thereof. What is the minimum value that a woman must receive to be Mekudeshes (betrothed)? Beis Hillel rule that it is the equivalent of a Perutah, the smallest copper coin in circulation. Beis Shamai maintain that it is the equivalent of a Dinar, a silver coin worth forty-eight Perutos (Kidushin 2a).

31a)[line 21]חיבהCHIBAH- affection

b)[line 22]ריעותREI'US- friendship

32)[line 23]"[כֹּה-אָמַר ה' צְבָקוֹת: צוֹם הָרְבִיעִי, וְצוֹם הַחֲמִישִׁי, וְצוֹם הַשְּׁבִיעִי, וְצוֹם הָעֲשִׂירִי יִהְיֶה לְבֵית-יְהוּדָה לְשָׂשׂוֹן וּלְשִׂמְחָה וּלְמֹעֲדִים טוֹבִים,] וְהָאֱמֶת וְהַשָּׁלוֹם אֱהָבוּ.""... [VE]HA'EMES VEHA'SHALOM EHAVU."- "[So says HaSh-m, Host of Legions: 'The fast of the fourth month [Shiv'ah Asar b'Tamuz], the fast of the fifth month [Tish'ah b'Av], the fast of the seventh month [Tzom Gedalyah], and the fast of the tenth month [Asarah b'Teves] will be transformed for Yisrael into festivals of rejoicing and happiness,] provided that you shall love truth and peace.'" (Zecharyah 8:19) - This verse refers to the times of Mashi'ach.

33a)[line 24]מן הודאיMIN HA'VADAI- (the Gemara at this point understands this to mean) from [those cases in which she is] definitely [forbidden] (such as a Tzaras Ervah who married her Yavam according to Beis Hillel)

b)[line 24]מן הספקMIN HA'SAFEK- (the Gemara at this point understands this to mean) from [those cases in which she only] possibly [forbidden] (such as one who divorced his wife and then sleeps overnight in seclusion with her at an inn according to Beis Hillel)

34)[line 26]ותסברא?V'TISBERA?- and is this logical?

35)[line 30]כדאמר רב נחמן בר יצחקKED'AMAR RAV NACHMAN BAR YITZCHAK- (the Gemara answers that it is) similar to what Rav Nachman bar Yitzchak said [to explain a different case (see 15a)]

36)[line 32]לא נצרכה אלא לצרה עצמהLO NITZRECHAH ELA L'TZARAH ATZMAH- it is necessary for the co-wife of an Ervah herself [who has not received Chalitzah from her Yavam, and is therefore prohibited from marrying anyone else according to Beis Shamai]

37)[line 35]מן הסתםMIN HA'STAM- from [those cases in which Beis Shamai or Beis Hillel] did not specify [a warning regarding that woman]

38)[line 38]רווחתRAVACHAS- spread

39)[last line]פגוםPAGUM- tainted [to the point that if he is a male Kohen he may not perform the Avodah (Divine Service) in the Beis ha'Mikdash, and if she is a female then she may not marry a Kohen]

40)[last line]צרותTZAROS- co-wives [of Arayos]