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Beitzah 39

BEITZAH 36-40 (Siyum!) - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim, for the benefit of Klal Yisrael.

(a) When a forbidden object is mixed with a permitted object, the mixture may be prohibited to be eaten mid'Oraisa, prohibited to be eaten mid'Rabanan, or permitted to be eaten, as follows:

1. If most of the mixture is Isur, it is prohibited mid'Oraisa.
2. If most of the mixture is Heter, but the Isur is more than one sixtieth of the Heter, i.e. the Isur is "Nosen Ta'am" (lends taste) to the Heter, it is prohibited mid'Rabanan (since "Ta'am k'Ikar," the "taste" is like the essence is a Din d'Rabanan -- there are those who prohibit this mixture mid'Oraisa, when the two mixed substances are unidentical ("Min bishe'Eino Mino"), asserting that "Ta'am k'Ikar" is mid'Oraisa).
3. If the amount of Isur is less than one sixtieth of the Heter, and is not Nosen Ta'am to the Heter, the mixture is permitted.
(b) These rules apply to normal Isurim. There are, however, Isurim for which Chazal decreed that they not be nullified by a majority or even by sixty parts of Heter. One of these is Davar she'Yesh Lo Matirin, an object that will become permitted eventually, either by itself (such as an object that is Muktzah on Shabbos and Yom Tov and will become permitted when Shabbos or Yom Tov ends), or through its owner's actions (such as Tevel, for which one can separate Terumah to permit it to be eaten).
(c) The Rishonim offer various reasons to explain why the Rabanan were more stringent with a Davar she'Yesh Lo Matirin; see Insights to Beitzah 3a for a brief discussion of this.

2a) [line 6] MELACH SEDOMIS - salt from the Dead Sea that is very fine
b) [line 7] MELACH ISTEROKANIS - coarse desert-salt or fossil salt that is mined (The RASHASH cites the ARUCH who writes that Isterokan is the name of a place. The RASHASH claims that this salt is obtained from *Astrakhan'*, located in the Caspian Depression, to the north of the Caspian Sea, which is a saltwater lake.)

3) [line 9] AVAH - a thick porridge in which the water is not discernable

(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 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 Malkos 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. it's 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.

5) [line 21] BEDELEI INSHEI MINAH - people keep away, abstain from dealing with it
6) [line 24] KISAM - a small piece of wood
7) [line 25] D'SHAIFEI MANA MISHCHA - a person smeared a utensil with oil
8) [line 25] V'ATLI BEI NURA - and set fire to [the oil on] it
9) [line 26] CHASPA - a piece of pottery
10) [line 27] PATZIM - a board
11) [line 28] D'ADYEI ADUYEI LI'RESHUS HA'RABIM - the person caused the flame to jump and catch hold on an object in Reshus ha'Rabim

12a) [line 31] NEHAROS HA'MOSHCHIN - flowing rivers
b) [line 31] MA'AYANOS HA'NOV'IN - wellsprings

13a) [last line] HAREINI ALECHA CHEREM - my property is forbidden to you like Chermei Shamayim, which are given to the Beis ha'Mikdash for the Bedek ha'Bayis

b) [last line] CHEREM
There are two types of Charamim (a type of vow or pledge): 1. Chermei Kohanim, which are given to the Kohanim for their personal use and cannot be redeemed from the Kohen;
2. Chermei Shamayim, which are given to the Beis ha'Mikdash for the Bedek ha'Bayis and can be redeemed like any other Hekdesh.


14) [line 4] LESHACHOS - the various chambers of the Beis ha'Mikdash
15) [line 5] AZAROS - the various courtyards, Ezras Kohanim, Ezras Yisrael, and Ezras Nashim

16) [line 13] KALBON
(a) In the time of the Mikdash, everyone was obligated to give a half-Shekel to the Beis ha'Mikdash for the purchase of the public sacrifices. Usually, each person would have to give an additional small amount called a Kalbon (which was the equivalent of 1/24 of a half-Shekel).
(b) The Tiferes Yisrael explains why the Kalbon was added. At times the Gaba'im of Hekdesh would need to exchange the half-Shekels into whole Shekels or vice-versa. The Kalbon was added in order that Hekdesh should not suffer a loss due to the exchange rate. This explanation is based on the words of Rashi in our Sugya (DH keshe'Chayavin). Rashi adds that two brothers who are partners must give two Kalbonos.
(c) The Rambam explains the necessity of adding a Kalbon somewhat differently. Since everyone was obligated to bring a half-Shekel, the Rambam tells us, half-Shekels were in great demand. Therefore, a Shekel was worth less than two half-Shekels. If two people would give one whole Shekel, they would have to add a Kalbon to make up for that loss. Accordingly, if two brothers would bring one whole Shekel together, they would give only one Kalbon. If they would each bring a half-Shekel, they would not add anything.

17) [line 14] MA'ASER BEHEMAH
(a) Every year, a person must collect all of the kosher animals that were born during that year into a corral. As they leave the corral through a narrow opening, one by one, the owner counts them and marks every tenth one as Ma'aser Behemah. The Mitzvah of Ma'aser Behemah is stated in Vayikra (27:32), "v'Chol Ma'asar Bakar va'Tzon, Kol Asher Ya'avor Tachas ha'Shevet, ha'Asiri Yiheyeh Kodesh la'Sh-m." ("All of the herds and flocks shall be tithed as they are counted under the rod, every tenth one being consecrated to HaSh-m.")
(b) Ma'aser Behemah is eaten by its owner. If it has no Mum (blemish or defect), it is offered as a Korban on the Mizbe'ach and eaten by its owner in Yerushalayim. If it has a Mum, the owner may slaughter and eat it anywhere.

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