[73a - 18 lines; 73b - 45 lines]

1)[line 4]אנינותANINUS

(a)A person is called an Onen mid'Oraisa on the day of death of one of his seven closest relatives for whom he is required to arrange for burial (i.e. father, mother, brother, sister, son, daughter, and spouse). Chazal (Zevachim 101a) learn the Halachah of Aninus from the verse, "v'Achalti Chatas ha'Yom, ha'Yitav b'Einei HaSh-m?" (Vayikra 10:19). Aninus does not apply between a man and the woman he betroths.

(b)Besides the prohibition against an Onen performing the Avodah, eating Kodshim, etc. mid'Oraisa, the Rabanan extended the prohibitions even after Aninus mid'Oraisa has passed. However, the Tana'im and Rishonim argue as to the nature of this Gezeirah. They also argue as to whether Aninus mid'Oraisa always applies for the entire day or for part of the day in certain cases. With regard to these questions, Aninus may be broken into five time periods, as follows.

1.The day of death, before burial: according to all opinions Aninus mid'Oraisa applies, as above.

2.The day of death, after burial: according to Rashi (Pesachim 90b DH ha'Onen, Zevachim 15b DH Onen) only Aninus mid'Rabanan applies. According to the Ramban (Toras ha'Adam) Aninus mid'Oraisa still applies.

3.The night after the day of death (according to Rashi in #2, before burial; according to Ramban in #2, even after burial): the Tana'im argue if the Aninus is mid'Oraisa or mid'Rabanan (Zevachim 99b). Most of the Rishonim rule that the Aninus is not mid'Oraisa but rather mid'Rabanan.

4.The days after the day of death, even if the body has not been buried: Aninus only applies mid'Rabanan (Zevachim 100b) until the end of the day of burial. Also on the day of "Likut Atzamos" (when the remains of one of the close relatives are exhumed and re-buried elsewhere), the Rabanan decreed that the person is an Onen for that entire day.

5.The night after the day of burial: the Tana'im (Zevachim 100b) argue whether the person is an Onen mid'Rabanan or not at all, and the Halachah follows the opinion that he is not an Onen at all.

2)[line 7]והבכוריםBIKURIM

(a)The Mitzvah of Bikurim consists of bringing the first fruits to emerge in one's field every year to the Beis ha'Mikdash. While the basket was on his shoulder, the owner recites specific verses from Devarim (26:3, 5-10) thanking HaSh-m for taking us out of Egypt and giving us the land of Yisrael. He then places the basket of fruit at the base of the southwestern corner of the Mizbe'ach (RAMBAM Hilchos Bikurim 3:12) and bows down before HaSh-m. Afterwards, he gives the Bikurim to a Kohen (Mishnah Bikurim 3:8, RAMBAM ibid. 3:1).

(b)The Mitzvah of Bikurim applies only to the seven species with which the land of Eretz Yisrael was blessed (Devarim 8:8) - wheat, barley, grapes, figs, pomegranates, olives, and dates (Bikurim 1:3, RAMBAM ibid. 2:2). (Although many other types of produce now grow in Eretz Yisrael, these are the only species of produce truly indigenous to Yisrael. Other "immigrant" species can be destroyed by drought or harsh weather, but these seven species will always be part of the land. -M. KORNFELD, as heard once from a leading botanist)

(c)In certain instances, the owner only brings the fruit, without reciting the declaration (Mevi v'Eino Korei). For example, if he brings them between Sukos and Chanukah, he does not recite the verses (see Gemara Pesachim 36b and Rashi there).

(d)Kohanim eat the Bikurim within the walls of Yerushalayim. If a person eats the Bikurim outside of Yerushalayim after they have entered Yerushalayim (according to the Rambam, or after the Bikurim have entered the Azarah according to Rashi in Makos), he receives Malkus. They must be brought back into Yerushalayim and eaten there.

3)[line 8]וחומשCHOMESH

(a)After a crop is harvested and brought to the owner's house or yard, the owner must separate Terumah from the crop, which he gives to a Kohen. Kohanim and members of their households are allowed to eat Terumah, as long as they are Tehorim.

(b)If a non-Kohen eats Terumah without knowing that it is Terumah, he must replace what he ate in the form of a food that becomes Terumah (Tashlumei Terumah). He returns the Keren, the amount of Terumah that he ate, to the Kohen who owned the Terumah (see Insights to Pesachim 32). In addition, he is fined another Chomesh (fifth) of the ensuing total (i.e. a quarter of the value of what he ate). This Chomesh may be paid to any Kohen (Terumos 6:2), and is not necessarily given to the Kohen who owned the Terumah that was eaten.

(c)If the person ate Terumah in an abnormal fashion, such as by drinking olive oil, he only pays the value of the Terumah that was destroyed (i.e. the normal Halachah of damages applies to him, and not the laws of Tashlumei Terumah).

(d)A non-Kohen who eats or benefits from Terumah b'Mezid (intentionally) pays the value of the Terumah destroyed (i.e. the normal Halachah of damages applies to him, and not Tashlumei Terumah), and incurs the punishment of Misah b'Yedei Shamayim (Sanhedrin 83a).

(e)The above Halachos apply to Bikurim as well.

4)[line 9]ועולין באחד ומאהV'OLIN B'ECHAD U'ME'AH (TERUMAH: BITUL)

(a)Terumah and Bikurim only become Batel (canceled) if one part of Terumah or Bikurim falls into at least 100 parts of Chulin. Even if the Terumah or Bikurim is Batel, it is forbidden for non-Kohanim to eat the entire mixture; the equivalent of the amount of Terumah or Bikurim that fell in must first be removed.

(b)If the percentage of Terumah or Bikurim that fell into the Chulin was greater than one in one hundred, the mixture is known as Meduma (lit. mixed) and is forbidden to be eaten by non-Kohanim.

(c)According to Tosfos in Chulin 99a DH Ein, this law applies only if the Terumah or Bikurim was the same type of food as the Chulin; otherwise it is Batel just like any other Isur.

5)[line 10]רחיצת ידיםRECHITZAS YADAYIM- Netilas Yadayim with a cup; (a person's hands are considered to be a Sheni l'Tum'ah unless he washes them with water from a cup and concentrates on keeping then Tehorim from the time that they were washed and onward.)

6)[line 10]והערב שמשHE'EREV SHEMESH - sunset (nightfall)

A Tevul Yom is a person or utensil that has been immersed in a Mikvah but is still waiting for nightfall. The level of Tum'ah of a Tevul Yom is minimal; he or it is considered only a Sheni l'Tum'ah such that if he or it touches Terumah or Kodesh, the Terumah or Kodesh becomes Pasul and must be burned. Chulin that he or it touches do not become Teme'im. At nightfall, he or it becomes completely Tahor.

7)[line 13]ומאי שייר דהאי שיירU'MAI SHIYER, D'HAI SHIYER?- what else did the Tana leave out so that he should also leave this out?

8)[line 16]הבאת מקוםHAVA'AS MAKOM- an obligation to be brought to Yerushalayim (as above 2:d)

9)[line 16]וידויVIDUY (VIDUY MA'ASER U'VIKURIM)

(a)The Torah requires that at two times during the seven-year Shemitah cycle the owner of a field must recite Viduy Ma'aser, as is learned from Devarim 26:12-13.

(b)In the afternoon of Erev Pesach in the fourth and seventh years, the owner first performs Bi'ur, giving all remaining Terumah and Terumas Ma'aser to Kohanim, Ma'aser Rishon to Leviyim, and Ma'aser Ani to the poor. All remaining Ma'aser Sheni, Pidyonos of Ma'aser Sheni (coins on which Ma'aser Sheni was redeemed), and Bikurim must be destroyed wherever they are.

(c)He then says Viduy Ma'aser, declaring that he has set aside all of the required tithes and gifts, and that he kept all the Mitzvos with regard to them. The declaration is found in Devarim 26:13-15, and may be recited in any language that the owner understands. According to the MISHNAH (Ma'aser Sheni 5:6), RASHI (Sanhedrin 11b), and TOSFOS (Rosh Hashanah 4a DH u'Ma'asros), this declaration is stated in the afternoon of Erev Pesach. According to the RAMBAM (Hilchos Ma'aser Sheni 11:1-3), it is stated in the afternoon of the last day of Pesach.

(d)The words of Viduy Ma'aser, "Bi'arti ha'Kodesh Min ha'Bayis" (or "v'Gam Nesativ la'Levi" - Rashi Devarim 26:13 based on the Yerushalmi Ma'aser Sheni 5:5), refer to Bikurim. (According to Rebbi Shimon, Viduy Bikurim refers to the verses that are recited when the owner holds the basket of fruits on his shoulder.)

10)[line 17]בביעורBI'UR

See above, entry #9:b

73b----------------------------------------73b

11)[line 1]בטומאת עצמןB'TUM'AS ATZMAN- when the Ma'aser Sheni and Bikurim are Tamei

12)[line 4]"לא תוכל לאכול בשעריך מעשר דגנך ותירושך ויצהרך""LU SUCHAL LE'ECHOL BI'SHE'ARECHA..."- "You may not eat in your settlements the tithe of your grain, or of your wine, or of your oil, or the firstborn of your herds or of your flock, nor any of your pledges [to Hekdesh] that you will pledge, nor your freewill offerings, or offerings of your hand" (Devarim 12:17).

13a)[line 22]"כצבי וכאיל""KA'TZEVI VECHE'AYAL"- "... like the deer and the gazelle" (Devarim 15:22) - Alternatively, the Ayal may be the roe deer or red deer. Chazal describe it as an animal with branched antlers.

b)[line 22]כצבי וכאילKA'TZVI VECHE'AYAL (PESULEI HA'MUKDASHIN)

(a)Pesulei ha'Mukdashin are Korbanos that became unfit to be offered upon the Mizbe'ach because of a Mum (blemish). After they are redeemed, it is still forbidden to work with them or to shear them. The milk they produce is also forbidden. They are only permitted to be eaten after being slaughtered (Bechoros 15b).

(b)The Mishnah in Bechoros (5:1) states that Pesulei ha'Mukdashin may be sold in the marketplace and weighed with a Roman Libra, a pound. These acts are normally considered unfitting for Kodshim, and are prohibited to be done to a Bechor.

14)[line 27]"לא אכלתי באני ממנו ולא בערתי ממנו בטמא ולא נתתי ממנו למת""LO ACHALTI V'ONI MIMENU, V'LO VI'ARTI MIMENU B'TAMEI, V'LO NASATI MIMENU L'MES"- "I have not eaten of it (Ma'aser Sheni) while I was an Onen, neither have I consumed any of it while Tamei, nor given any of it for the dead...." (Devarim 26:14).

15)[line 31]קדשKODESH- Korbanos

16)[line 34]ומה ראיתU'MAH RA'ISA- what did you see [that made you apply the Kal va'Chomer to Kodshim, which prohibits burning oil of Hekdesh that became Tamei, while you apply the word "Mimenu" to Terumah, which permits burning oil of Terumah that became Tamei]?

17)[line 36]פנקעכ''סPaNKAKaS- These words are a mnemonic device listing six things that apply to Kodesh that make it more stringent than Terumah:

1.Pigul (see Background to Yevamos 70:27);

2.Nosar (see Background to Yevamos 70:28);

3.Korban (that objects of Kodesh are brought close to the precincts of HaSh-m);

4.Me'Ilah (that one brings a Korban Me'ilah for benefiting from Kodesh; see next entry);

5.Kares (see below, entry #19);

6.ASur l'Onen (see above, entry #1).

18)[line 36]מעילהME'ILAH

(a)It is forbidden to derive personal benefit from anything that is Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha... u'Nedarecha Asher Tidor" - "You may not eat in your settlements...and your pledges [to Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos Me'ilah 1:1-3). The minimum amount for which one transgresses this prohibition is a Perutah's worth of benefit.

(b)If someone benefited from Hekdesh intentionally, he receives Malkus and must pay to Hekdesh the amount that he benefited. However, the object from which he benefited remains Hekdesh.

(c)If someone benefited from Hekdesh unintentionally, the object loses its Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his benefit plus an additional fifth (of the ensuing total, or a quarter of the original value). This is true of any object that has Kedushas Damim (i.e. its value is consecrated to Hekdesh). An object that has Kedushas ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as is") does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).

19)[line 36]כרתKARES

(a)Some sins are so severe that they are punished with Kares, or "being severed" from the world and dying before one's time. One who deliberately transgresses a commandment that is punishable with Kares receives Kares even if nobody witnessed his act, and even if nobody warned him at that time he transgressed that his violation carries the consequence of Kares. This punishment is not administered by the courts, but through divinely administered justice.

(b)Another divinely administered punishment that involves untimely death is Misah b'Yedei Shamayim, death at the hands of heaven. The commentaries explain that there are two main differences between Kares and Misah b'Yedei Shamayim (see TOSFOS YEVAMOS 2a DH Eshes Achiv; RABEINU YONAH in Sha'arei Teshuvah, 3:6; TIFERES YISRAEL Sanhedrin 9:6):

1.One who is punished with Kares will die before age 60 (according to the Bavli, Moed Katan 28a, or before the age of 50, according to the Yerushalmi, Bikurim 2:1), while one punished with Misah b'Yedei Shamayim will die after the age of 60 but before his time has come (according to the Bavli, or before the age of 60, according to the Yerushalmi, ibid.).

2.When one is punished with Kares, even his children (who are minors at the time of his sin) die, and he bears no further children. When one is punished with Misah b'Yedei Shamayim, only he is punished and not his children (Yevamos 55a and Rashi there; however, according to RIVA in Tosfos Yevamos 2a DH Eshes, this only applies to the sins for which the Torah specifies the punishment of "Ariri"; i.e. having relations with one's paternal brother's wife or with one's paternal uncle's wife).

3.Some add that when punished with Kares, the sinner's cattle and possessions slowly expire until he is left destitute. See Insights here.

(c)There is a form of Kares in which the sinner not only dies before his time, but is not granted any portion in the World to Come as well (Sanhedrin 64b).

20)[line 38]מחפ''זMaCHPaZ- These words are a mnemonic device listing four things that apply to Terumah that make it more stringent than Kodesh:

1.Misah [b'Yedei Shamayim] (see previous entry);

2.CHomesh (see above, entry #3);

3.Ein Lah Pidyon (it may never be redeemed);

4.Asurah l'Zarim (it may never eaten by someone who is not a Kohen, a Kohen's wife, or a Kohen's slave).

21)[line 39]הנך נפישןHANACH NEFISHAN- these properties are greater in number

22)[line 43]ולאו הבא מכלל עשה עשהLAV HA'BA MI'CHLAL ASEH, ASEH

See Background to Yevamos 68:20.

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