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Avodah Zarah 64

AVODAH ZARAH 64 (14 Iyar) - this Daf has been dedicated by Hagaon Rav Yosef Pearlman of London, England, l'Iluy Nishmas ha'Rabbani Reb Rephael David ben Yosef Yitzchak Pearlman, whose passed away on Pesach Sheni (14 Iyar) 5758.

1) [line 2] HA'MEKAYEIM B'CHIL'AYIM LOKEH - one who maintains Kil'ayim (see Background to Avodah Zarah 63:22) in his field receives lashes. "Maintaining" is explained as: (a) building a fence or planting a hedge around them to protect them (RASHI here DH Afilu l'Rebbi Akiva); (b) not uprooting them (RASHI to Moed Katan 2b, ARUCH cited by TOSFOS here); (c) working the land and causing the plants of Kil'ayim to grow better (RABEINU CHANANEL to Moed Katan 2b)

2) [line 3] HA'MENAKESH - one who removes weeds from between plants
3) [line 3] HA'MECHAPEH - one who covers [the seeds of different species]
4) [line 5] "[ES CHUKOSAI TISHMORU, BEHEMTECHA LO SARBI'A KIL'AYIM,] SADCHA LO SIZRA KIL'AYIM; [U'VEGED KIL'AYIM SHA'ATNEZ LO YA'ALEH ALECHA.]" - "[You shall keep my statutes. You shall not let your cattle breed with a different species;] you shall not sow your field with mixed seed; [nor shall a garment mixed of linen and woolen come upon you.]" (Vayikra 19:19)

5) [line 6] TALMUD LOMAR "LO KIL'AYIM" - that is, the Gemara learns that Mekayem is prohibited from the words "Kil'ayim Sadcha Lo" of the verse, using the word Kil'ayim of Kil'ei Vehemah for the extra prohibition of Kil'ei Zera'im

6) [line 10] LITEN LAHEM MATNAS CHINAM ASUR - to give them a present is prohibited (LO SECHANEM)
It is forbidden to have mercy on idolaters, as the verse states, "[... Hacharem Tacharim Osam, Lo Sichros Lahem Beris] v'Lo Sechanem." - "[And when HaSh-m, your Elokim, shall deliver them (the intractable idolaters) before you; you shall strike them, and completely destroy them; you shall make no covenant with them,] nor show mercy to them." (Devarim 7:2). The Torah warns the Jews to distance themselves from idolaters so that they do not learn from their wicked ways. The Gemara (Avodah Zarah 20b) learns from this verse many ways in which we must distance ourselves from idolaters.

7) [line 16] V'SU LO MIDI - and there is nothing more to be said; the challenge of the Gemara, that the Beraisa of "Ein Odrin" follows only the opinion of the Rabanan and not also that of Rebbi Akiva, is refuted

8) [line 25] YISRAEL SHE'HAYAH NOSHEH B'OVED KOCHAVIM MANEH - a Jew who demands repayment of a loan of a Maneh (100 Zuz) from a Nochri

9) [line 26] U'MACHAR AVODAS KOCHAVIM V'HEVI LO; YAYIN NESECH V'HEVI LO - and he (the Nochri) sold an idol and brought him (the Yisrael) [the money; or he sold] Yayin Nesech and he brought him [the money]

10) [line 28] HAMTEN LI - wait for me
11) [line 38] HA'MISCHALEKES LEFI SHEVAREHA - that can be apportioned according to its shards, i.e. even if the idol is breaks into pieces, they can divide the pieces of metal between them. As such, the Ger is not Rotzeh b'Kiyumo.

12) [line 39] B'CHERES HADREYANI - a vessel made of "Hadrian's earthenware" (see Daf 29b, 32a), which is so saturated with wine that we considered it wine (and this is the case of Yayin Nesech to which the Mishnah refers). It is useful even if it breaks (and breaking it is actually its manner of use), and as such, the Ger is not Rotzeh b'Kiyumo.

13) [line 39] VA'HALO ROTZEH B'KIYUMO SHE'LO YIGNOVU V'SHE'LO YOVDU - but he is Rotzeh b'Kiyumo with regard to hoping that it does not get stolen or lost


14) [line 1] NISHTATFU - they entered into a partnership

15) [line 2] GER TOSHAV
The Gemara quotes three opinions regarding who is a Ger Toshav. Rebbi Meir maintains that a Ger Toshav is a Nochri who accepts upon himself, in front of three "Chaverim" (Talmidei Chachamim), not to worship idols. The Chachamim say that a Ger Toshav is a Nochri who accepts upon himself to observe the seven Mitzvos of Benei Noach (see below, entry #20). Acherim maintain that the above opinions are incorrect, and that a Ger Toshav is a Nochri who accepts all of the Mitzvos except for not eating Neveilos (animals that were not slaughtered properly). See Insights to the Daf and Audio Shi'ur to Avodah Zarah 64: Ger Toshav.

16) [line 4] KOL D'VAR MINEI MAVTIL - everyone who is of his type (i.e. of the type of a Nochri, who is able to nullify Avodah Zarah -- see Background to Avodah Zarah 52:6) may nullify [Avodah Zarah]

17) [line 19] PE'OR - the name of an idol of Moav, worshipped by defecation and highly immoral practices (RAMBAM Hilchos Avodas Kochavim 3:2)

18) [line 19] MARKULIS - the Roman God Mercury, identified with the Norse god Wodin, worshipped by throwing stones at the Markulis Gadol or removing stones from in front of it (Rambam ibid.). The Markulis Gadol was a structure of three stones, two set next to each other and the third on top of the first two. (But see Audio Shiur to Avodah Zarah 50: Archeology and Avodah Zarah for differing opinions.)

19) [line 22] CHAVERIM - Torah sages

(a) People other than Jews are often referred to as Benei Noach (since all of mankind is descended from Noach). Mankind was commanded to keep seven Mitzvos from the time of Adam ha'Rishon and Noach, before the Jewish nation existed. Although the Mitzvos of the Torah superceded these Seven Mitzvos for the Jewish nation, these Mitzvos remain binding to Benei Noach today.
(b) The seven Mitzvos are:

1. Avodah Zarah, not to worship idols.
2. Birkas (i.e. Kilelas) HaSh-m, not to curse HaSh-m.
3. Shefichus Damim, not to murder.
4. Giluy Arayos, not to engage in illicit or incestuous relationships. (Besides adultery, the Gemara (Sanhedrin 57b-58b) discusses which relatives a Ben Noach is prohibited to marry.)
5. Gezel, stealing.
6. Ever Min ha'Chai, not to eat a limb that is detached from an animal when it is alive (see Background to Sanhedrin 56:27).
7. Dinim, enacting courts and appointing judges to keep law and order.
(c) All of these are general commandments with many details. Transgressing any one of them is considered such a breach in the natural order that the offender incurs the death penalty. Chazal termed this as, "Ben Noach - Azharaso Zo Hi Misaso" - "Any act prohibited to a Ben Noach invokes the death sentence." The death sentence for a Ben Noach is Sayif, death by the sword (RAMBAM Hilchos Melachim 9:14).
(d) (For a further discussion of the laws of Benei Noach, see Background to Avodah Zarah 2:43c:d-f.)

A Neveilah is a carcass of a Kosher animal that died without a Halachic slaughtering (or that was slaughtered improperly). The Torah states, "You shall not eat anything that dies by itself (Neveilah). You shall give it to the stranger who is in your gates, that he may eat it, or you may sell it to a Nochri, for you are a holy people to HaSh-m, your Elokim." (Devarim 14:21). A person who eats a k'Zayis of Neveilah is liable to Malkus (RAMBAM Hilchos Ma'achalos Asuros 4:1) and a k'Zayis or more of a Neveilah makes a person or an object Tamei through Maga (contact). It is Metamei a Keli Cheres (an earthenware utensil) if it enters the utensil's interior and is Metamei a person with Tum'as Masa (by carrying it) to cause him, in turn, to be Metamei the clothes that he is wearing (RAMBAM Hilchos She'ar Avos ha'Tum'ah 1:1).

22a) [line 28] MEYACHADIN - a Jew can leave him (the Ger Toshav) in his store to watch his wine even if he travels a distance of more than a Mil before he returns, and even if he lets him know that he will be away for this time. (A Jew cannot appoint a Nochri to watch his wine in this manner unless he travels less than a Mil and does not let him know -- see Mishnah Daf 69a)
b) [line 28] MAFKIDIN - to give him wine to watch in his own house

The Mishnah (Daf 35b) records that it is prohibited for Jews to use the oil of the Nochrim but it is not prohibited to benefit from it. Rav, cited by the Gemara (Daf 35b-36a), rules that Daniel is responsible for the prohibition [of Nochri oil within the cities. Oil sold by Nochrim while traveling (lit. "in the fields") was only prohibited later, among the "18 Devarim" -- see Mishnah and Gemara Shabbos 13b-17b.] Shmuel (ibid.) rules that the reason for the prohibition is that the oil of Nochrim was stored in containers that held prohibited foods that flow into the oil. The Beis Din of Rebbi Yehudah Nesi'ah (a grandson of Rebbi) lifted the prohibition against using oil of a Nochri when they found that the prohibition had not spread among all of the Jews. They employed the ruling of Raban Shimon ben Gamliel and Rebbi Elazar bar Tzadok, who said, "We do not decree edicts on the public unless most of the public can uphold them" (Avodah Zarah 36a).

24) [line 37] LITEN RESHUS UL'VATEL RESHUS - to give (i.e. transfer) one's domain (before Shabbos) and to nullify one's domain (on Shabbos) (ERUV CHATZEIROS: BITUL RESHUS)
(a) THE TORAH LAW - According to Torah law, in a courtyard (Chatzer) that has in it houses owned by different people, all of the neighbors may transfer objects from their houses to the courtyard and into other houses on Shabbos. Even though each house is a separately owned Reshus ha'Yachid and the Chatzer is a jointly owned Reshus ha'Yachid, it is permissible to move objects from one Reshus ha'Yachid to another.
(b) ERUV CHATZEIROS AND SHITUFEI MAVO'OS - King Shlomo decreed that transferring objects from one Reshus ha'Yachid to another is forbidden unless an *Eruv Chatzeiros* (lit. a "mixing of the courtyard," Rambam Hilchos Eruvin 1:6; or a "fraternization of the courtyard," Eruvin 49a) is created on Friday, before Shabbos begins (Shabbos 14b, Eruvin 21b). The equivalent of an Eruv Chatzeiros for an alley or a city is called a *Shituf Mavo'os*. This is accomplished by all of the neighbors collectively setting aside a loaf of bread, in one common container, in one of the houses of the courtyard (or, in the case of Shituf, in one of the courtyards of the alleyway). This shows that all neighbors have an equal share in all of the Reshuyos ha'Yachid, just as they all have a share in that bread. Through this act, they can be considered one Reshus again. (RAMBAM ibid. 1:4-9)
(c) BITUL RESHUYOS - In the event that the inhabitants of a courtyard did not set an Eruv Chatzeiros before Shabbos, or the Eruv became invalidated in some way, carrying may still be permitted if *Bitul Reshuyos* is done. This is accomplished as follows: If none of the people in the courtyard made an Eruv, all of the inhabitants of the courtyard may nullify their domains in favor of one of the inhabitants. All of the houses/courtyards in the area are considered the private domain of the person chosen. If some of those in the courtyard made an Eruv together, those who did not may nullify their domains in favor of the collective domain of those who made an Eruv. A person who publicly desecrates Shabbos has the status of a Mumar such that he cannot Mevatel his Reshus without making a legally binding transfer of property or rental.
(d) Bitul Reshuyos may be done as long as the following conditions are met: 1. The nullification is done in favor of a *single* person or a collective party that made an Eruv together; 2. Those who nullified their domains do not transfer objects from their houses to the courtyard or vice versa. Bitul Reshuyos only permits carrying in the courtyard and from the courtyard to the house of the person (or people) chosen. (If only one person was chosen, only he is permitted to carry from his house to the courtyard. If a number of people who made an Eruv together are chosen, then *all* residents of the courtyard may carry from the houses of those who were chosen to the courtyard -- Eruvin 69b.) According to some Tana'im, the ones in whose favor the Bitul was done may carry from the house/s of the Mevatel to the courtyard as well (Eruvin 26b). If one of the homeowners who nullified his domain transfers from his house to the courtyard or vice versa, not only has he transgressed a prohibition, but he has repealed his nullification. It becomes once again prohibited to carry in the courtyard. (Eruvin 26a and RASHI ibid. DH Anshei Chatzer)

25) [line 38] YISRAEL MUMAR - a Jewish apostate, a person who does not keep the laws of the Torah

26) [line 38] MESHAMER SHABATO BA'SHUK - he keeps the laws of Shabbos in public (lit. in the marketplace)

27) [last line] EIN TZARICH LIZKOS - he does not need to make a Kinyan, a formally binding act of acquisition

28) [last line] SHADAR LEI KURBENA / KORBENA - he sent him a tribute

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