[33a - 32 lines; 33b - 46 lines]
1)[line 5]מעיקראME'IKARA- originally [before this Shabbos began]
2)[line 7]מעיקראME'IKARA- originally [before he became Tamei]
3)[line 10]בבת אחת היא דמשכחת להB'VAS ACHAS HI D'MISHKACHAS LAH- the case [of a non-Kohen eating a Chatas ha'Of] is possible only [when the bird became a Korban and a Neveilah] at the same moment
4)[line 11]אלא קמיפלגי באיסור בבת אחתELA KA'MIPALGI B'ISUR B'VAS ACHAS- Our Gemara now attempts to explain that the disagreements between Rebbi Chiya and Bar Kaparah revolve around the opinion of Rebbi Yosi in a case in which the two prohibitions occurred simultaneously. This, too, could be the case in which Rebbi Yosi ruled that one is culpable for both Achos Ishah and Eshes Achiv. This is possible when the messenger of the two brothers meets that of the two sisters, and the Kidushin (betrothal) of the two happen simultaneously (see 34a).
5)[line 16]אייתי שתי שערותAISI SHTEI SA'AROS- he grew two [pubic] hairs [thereby rendering him physically mature and liable to punishment for sins]
6)[line 18]איטמי ליהITMI LEI- he had already been Tamei [aside from being a Ba'al Mum]
7)[line 20]חתך אצבעוCHATACH ETZBA'O- he cut [off] his finger [which renders him a Ba'al Mum (blemished)]
8)[line 21]כי אתנייה לדידיהKI ASNAYEI L'DIDEI- when [Rebbi] taught him [that Rebbi Yosi maintained that he was culpable for both transgressions]
9)[line 22]אליבא דר"שALIBA D'REBBI SHIMON- [Rebbi was really teaching] the opinion of Rebbi Shimon [and Bar Kaparah misunderstood and took it to be the opinion of Rebbi Yosi]
10)[line 23]ר' חייא שקורי קא משקר?!REBBI CHIYA SHEKUREI KA MESHAKER?!- can he suspect Rebbi Chiya of outright deception [as according to Bar Kaparah, no opinion rules that one is culpable for both transgressions when they occur simultaneously]?!
11)[line 25]לאפוקי לר' שמעון מחזקיהL'AFUKEI L'REBBI SHIMON ME'CHAZAKEI- to stress that Rebbi Shimon rules differently [in a case wherein the transgressions occur simultaneously] from his ruling that we have seen [regarding a case wherein transgressions occur one after another]
12)[line 26]למה ליה לאשתבועי?LAMAH LI L'ISHTABU'I?- what is his purpose in taking an oath [to stress merely that nothing has changed]?
13)[last line]לדידיהL'DIDEI- to Bar Kaparah
14)[last line]תרתי לפטור אתנייהTARTEI LI'FTOR ASNAYEI- he taught him that in two cases [Rebbi Shimon rules that] one is exempt [for one of two transgressions]
15a)[line 3]ערבה בהדייהוARVAH B'HADAIHU- he mixed it in with them [subsequently forgetting that such was his own doing and not that of Rebbi]
b)[line 3]ועיין בהV'AYIN BAH- and he later looked into this [subject so as to better understand it]
16)[line 11]למאן שיירה?L'MAN SHAYRAH?- which one [of Rebbi Yosi or Rebbi Shimon agrees with the other, rendering it possible to] leave it out [of the Tosefta]?
17)[line 12]מיחייב שתיםMECHAYEV SHETAYIM- rules that one is culpable for both transgressions [as is evidenced by that which he disagrees with Rebbi Shimon in these two cases only - even though one of the two preceded the other]
18)[line 16]במאי?B'MAI?- what [part of the service did he perform that involves a forbidden Melachah (act of creative labor) on Shabbos]?
19)[line 17]קבלה... הולכהKABALAH... HOLACHAH (ARBA AVODOS)
The offering of a Korban consists of four primary actions. These four Avodos are Shechitah (slaughtering), Kabalas ha'Dam (collecting the lifeblood of the Korban in a vessel), Holachah (bringing the blood to the Mizbe'ach), and Zerikah (dashing the blood upon the Mizbe'ach).
20)[line 18]טלטול בעלמא הואTILTUL B'ALMA HU!- it is mere transport [and is therefore a) perfectly permissible (HAGAHOS MAHAR"I LANDAU); b) forbidden only due to that which it is Muktzah (PORAS YOSEF, NIMUKEI HA'GRI"V; see Background to 14:18)]
21)[line 18]הקטרהHAKTARAH- [the] burning [of the limbs of the sacrifice upon the Mizbe'ach]
22)[line 19]הבערה ללאו יצאתהHAV'ARAH L'LAV YATZAS - The Prohibition Against Kindling on Shabbos is Specified to Downgrade it to a Simple Negative Commandment
(a)The Torah forbids the performance of all Melachos (creative acts of labor performed in the Mishkan) on Shabbos (Shemos 20:10). One of these is Hav'arah (the kindling of a fire). Although it is included in the general prohibition, a different verse specifies that it is forbidden to kindle a fire on Shabbos (Shemos 35:3). Rebbi Yosi maintains that this teaches us that the Melachah of Hav'arah is simply a Lav (negative prohibition punishable by Malkus (lashes)), as opposed to the other thirty-eight Melachos, which are punishable by Sekilah (stoning; see Background to 2:15).
23)[line 20]פרו של כהן גדולPARO SHEL KOHEN GADOL (PAR SHEL YOM HA'KIPURIM)
(a)One of the Korbanos offered by the Kohen Gadol on Yom ha'Kipurim is a bull purchased with his personal funds (Vayikra 16:3-6). The Kohen Gadol performs Semichah (the placement of both hands upon the head of a Korban and leaning on it with all of one's might) on this bull while reciting Viduy (confession of sins) on behalf of himself and his immediate household (Vayikra 1:4). After drawing the lots for the two identical goats, offering one as a Chatas, and sending the other to Azazel (see Background to Rosh Hashanah 31:66), he again recites Viduy on the bull - this time on behalf of all Kohanim. He then slaughters it, collects its blood, and sprinkles the blood in the Kodesh ha'Kodashim (Vayikra 16:14), and then again in the Heichal toward the Paroches (the curtain separating the Heichal from the Kodesh ha'Kodashim; ibid. 16:16). He then applies it to the Mizbach ha'Ketores in the Heichal (ibid. 16:18). The carcass of the bull is subsequently burned in its entirety outside of Yerushalayim in the same place that the ashes removed from the Mizbe'ach are deposited (the Beis ha'Deshen). The clothing of those who are involved with the burning of the carcass become Tamei (Metamei Begadim). The remainder of its blood is then poured on the western Yesod (base) of the Mizbe'ach ha'Chitzon.
(c)The Mishnah (Shevu'os 2a) states that the service of this Par atones for sins of the Kohanim. The Tana'im disagree as to which sins atonement is gained for:
1.Rebbi Yehudah is of the opinion that the Par of the Kohen Gadol atones for sins of Tum'as Mikdash v'Kodashav (see Background to Yoma 18:19).
2.Rebbi Shimon maintains that atonement for Tum'as Mikdash v'Kodashav is provided by the sprinkling of the bull's blood. The Viduy of the Kohen Gadol atones for all other sins of the Kohanim.
24)[line 23]זר אצלוZAR ETZLO- one who is an outsider in comparison to him (the Kohen Gadol)
25)[line 24]מידי חטאות קתני או לאוי קתני?MIDI CHATA'OS KA'TANI O LA'AVEI KA'TANI?- did we learn [that Rebbi Chiya rules that one is culpable for two] Korbenos Chatas or [that he has transgressed two] negative commandments? [Rather, it could be any combination!]
26)[line 26]לקוברו בין רשעים גמוריםL'KOVRO BEIN RESHA'IM GEMURIM- to bury him amongst [those] true evildoers [(a) who have received Sereifah (burning) or Sekilah (stoning) (see Background to 2:15), who are buried separately] (RASHI to 32b DH ELA); (b) who have transgressed a similar number and type of sins (TOSFOS to 32b DH ELA)]
27)[line 28]כניסתן לחופהKENISASAN L'CHUPAH (CHUPAH)
(a)"Chupah" - literally "a covering" - refers to the act through which Nisu'in (see Background to 20:18), the second and final stage of marriage, is accomplished. The term is used throughout the Mishnah and Gemara. The source for this Kinyan (lit. acquisition) is the verse regarding Hafaras Nedarim (the husband's annulment of his wife's vows), in which she is described to be in her husband's house (Bamidbar 30:11) (RAN to Kesuvos 1a in the pages of the RIF). According to the SIFRI (Korach #117, cited by RASHI to Kidushin 10b DH Zo she'Bi'asah), it is also hinted to in the verse which states that any member of the "house" of a Kohen may eat Terumah (Bamidbar 18:11) (see below, entry #30). The verse also refers to a bride who "exits from her Chupah" (Yoel 2:16).
(b)Although extensively referenced, the Kinyan of Chupah is never described in the Gemara. The Rishonim offer different explanations for how Chupah is carried out.
1.The Chasan (groom) must seclude himself with the Kalah (bride). This is known as Yichud (RAN ibid., citing the GE'ONIM; see also RAMBAM Hilchos Ishus 10:1).
2.The Kalah must be brought into her husband's home for the purpose of marriage ("l'Shem Nisu'in") in a semi-private manner. This means that they need not be secluded, and may still be visible to others. (RAN ibid.; RAMBAM ibid.; see MAGID MISHNEH to the end of Ishus 10:6, as well as the BEIS ME'IR EH 55:1). This may be fulfilled through bringing the Kalah into a pretty bridal canopy (BA'AL HA'ITUR in Birkas Chasanim #2).
3.Chupah is a symbolic act that demonstrates the designation of the Kalah for the Chasan. This act involves covering the Kalah in some way. This may be a cloth or curtain spread over the heads of the Chasan and Kalah (TASHBETZ in Tashbetz Katan #461; REMA to EH 55:1). Alternatively, it involves covering the Chasan with a corner of the Kalah's head covering (ME'IRI to Kesuvos 7b). Another interpretation is to cover the head of the Kalah with the Talis of the Chasan (YAM SHEL SHLOMO to Kesuvos 1:17) or with a veil ("Hinuma") (TOSFOS to Yoma 13b).
(c)The current practice is to attempt to fulfill many of these opinions (BACH to EH 61). See Insights to Kesuvos 57:1 for a detailed analysis of the current practice and how it relates to the various opinions.
28)[line 31]"[וְ]אִשָּׁה אֶל אֲחֹתָהּ [לֹא תִקָּח; לִצְרֹר, לְגַלּוֹת עֶרְוָתָהּ עָלֶיהָ, בְּחַיֶּיהָ]""[V']ISHAH EL ACHOSAH [LO SIKACH; LI'TZROR, L'GALOS ERVASAH ALEHA, B'CHAYEHA]"- "[Do not marry] a woman in addition [to her sister, to be her fellow wife; to uncover her nakedness upon her - as long as she (the first sister) is yet alive]" (Vayikra 18:18).
(a)By Torah Law, a woman is a Nidah for seven days following her period. It makes no difference whether she saw blood only once or for the entire seven days. At the end of seven days, after nightfall, she may immerse in a Mikvah to become Tehorah.
(b)One may not have relations nor engage in intimate contact with his wife while she is a Nidah. The Chachamim enacted many far-ranging additional ways in which one must keep his distance from his wife when she is Teme'ah.
30)[line 35]תרומהTERUMAH (TERUMAH GEDOLAH)
(a)Once a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Terumah is one of the twenty-four Matnos Kehunah (gifts given to Kohanim by non-Kohanim). Although the Torah does not specify how much to give, the Rabanan set the requirement at between one fortieth and one sixtieth of the total crop. Until Terumah and Ma'asros (tithes) have been properly separated, the produce is termed "Tevel" and may not be eaten.
(b)Terumah must be eaten by Kohanim or their wives, unmarried daughters, and Nochri slaves, when they are Tehorim. If the wife of a Kohen is not herself the daughter of a Kohen, she may eat Terumah only as long as her husband or at least one of their sons is alive (Vayikra 22:11, Bamidbar 18:11; see Nidah 44a). If the daughter of a Kohen marries a Yisrael, she may not eat Terumah. If, however, she is widowed or divorced without children, then she returns to her father's house and may once again eat Terumah.
(c)Our Mishnah states that the daughter of a Kohen may never again eat Terumah once she has extra-marital relations, even if they were non-consensual. The Girsa of the MAHARSHAL is "Nifselu Min ha'Kehunah," which implies that a women in such a situation may never again marry a Kohen.
31)[line 35]החליפו?!HICHLIFU?!- [does our Mishnah indeed discuss a case in which] they [intentionally] swapped [wives]?!
32)[line 37]הרי כאן שש עשרה חטאותHAREI KAN SHESH ESREH CHATA'OS (KORBAN CHATAS)
(a)Should one transgress a sin b'Shogeg (unintentionally) for which he is liable to receive the punishment of Kares (see Background to Pesachim 32:16) if he would do it b'Mezid (intentionally), he must offer a Korban Chatas. This Korban consists of a female goat or sheep.
(b)One who offers a Korban Chatas first leans on the animal with all his might (Semichah) in the northern part of the Azarah (inner courtyard of the Beis ha'Mikdash). He then recites Viduy, confessing his sin and asking HaSh-m for forgiveness. The animal is then immediately slaughtered. The blood of the Chatas is applied to the Keranos (cubic Amah posts on the corners of the Mizbe'ach) beginning with the southeastern corner of the Mizbe'ach and continuing to the northeastern, northwestern, and southwestern corners. The remaining blood is then spilled onto the Yesod (base) of the Mizbe'ach. Certain parts of the Korban is eaten by Kohanim in the Azarah; it must be consumed before the day following its offering (Vayikra 4:27-31).
(c)Rebbi Chiya explained that the case described in our Mishnah requires the offering of no less than sixteen Korbenos Chatas. This is because in each of the four sins transgressed by those in this case, both the men and women were culpable. Each of the four adults must therefore offer four Korbenos Chatas.
33)[line 39]הוחלפוHUCHLEFU- they were [mistakenly] swapped
34)[line 42]פיתוי קטנה אונס נינהוPITUY KETANAH ONES NINHU - the seducement of a minor is considered coercion
(a)If a married woman commits adultery, she is prohibited both to her husband as well as the adulterer, and her husband must immediately divorce her. Furthermore, she may no longer eat Terumah (see above, entry #30) if her husband is a Kohen even prior to her divorce. If the act of adultery was observed by two valid witnesses who warned her of the ramifications of her actions, she receives the death penalty of Chenek (choking; see Background to 2:15) (Devarim 22:22).
(b)A minor can never become a Sotah Vadai (confirmed adulteress). This is because even if she is seduced, her actions are not enough to incriminate her. Due to her underdeveloped capacity for making responsible decisions, it is as if the seducer has forced into an extra-marital affair. Therefore, she is permitted to her husband as long as he is not a Kohen.
35)[line 43]אונס בישראל מישרא שריONES B'YISRAEL MISHRA SHAREI- the wife of a Yisrael (non-Kohen) who has been raped is [still] permitted to him [afterward]