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Berachos 35

***************GIRSA SECTION********************
We recommend using the textual changes suggested by the Bach, Rav B. Rensburg and the parenthetical marginal notes of the Vilna Shas. This section is devoted to any *OTHER* changes that we feel ought to be made in Gemara, Rashi or Tosfos.)

[1] Gemara 35b [line 36]
"Derech Gagos, *Derech Chatzeiros*, Derech Karfifos, Kedei l'Potran..."
The words "Derech Chatzeiros" do not appear in the text of the Gemara in
Gitin 81a, nor do they appear in the text of the Dikdukei Sofrim or Beis
Nasan. This makes the Gemara easier to understand, for otherwise how could
Rebbi Yochanan exempt Derech Chatzeiros from Ma'aser if he himself holds
(on the next line) that a Chatzer *is* Kove'ah for Ma'aser.

1) [line 6] YERAKOS - greens, leafy vegetables, e.g. cabbage, spinach and lettuce (TALMIDEI RABEINU YONAH)

2) [line 8] DESHA'IM - grasses, herbage
3) [line 13] ACHALEI V'HADAR ACHLEI - redeem it and then eat it

4) [line 14] SHIRAH
A wine libation was brought with many of the Korbanos, as it states in Bamidbar 15:5-10. One of the jobs of the Levi'im in the Beis ha'Mikdash was to sing Tehilim at the time that the wine was poured into special pipes at the top of the Mizbe'ach ha'Olah. At the time that the wine was poured, a signal was given for the Levi'im to begin singing the Tehilim.

5) [line 19] "HECHADALTI" - "should I stop giving"

6) [line 22] NETA REVAI

(a) In the first three years after a tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23. The fruits of the fourth year are called Neta Revai and are Kodesh (holy) (ibid. 19:24). They must be brought to and eaten in Yerushalayim. Alternatively, the fruits may be redeemed (Pidyon), in which case the money used to redeem them is brought to Yerushalayim. The food which is bought with that money is Kodesh like Neta Revai and must be eaten b'Taharah.

(b) The Gemara records an argument as to whether the laws of Neta Revai apply to all fruits or only to grapes (Kerem Revai). The Halachah in Eretz Yisrael follows the opinion that the laws of Neta Revai apply to zall fruits (SHULCHAN ARUCH Yoreh De'ah 294:6).

(c) With regard to fruits that grew outside of Eretz Yisrael, there are three opinions: a) RABEINU YONAH, quoting RI HA'ZAKEN states that they have the same Halachah as fruits in Eretz Yisrael, and require Pidyon; b) The RAMBAM (Hilchos Ma'achalos Asuros 10:15) rules that they do not require Pidyon; c) GE'ONIM, TOSFOS DH u'Lema'an and ROSH explain that the rule, "the Halachah in Chutz la'Aretz follows the opinion of those who hold the lenient opinion in Eretz Yisrael" applies to Neta Revai. The lenient opinion is Kerem Revai, where the laws of Kedushah and Pidyon apply only to grapes. Accordingly, only fourth-year *grapes* need Pidyon.

(d) The SHACH (Yoreh De'ah 294:17) concludes that *all* fourth-year fruits of Chutz la'Aretz should be redeemed without a Berachah in Chutz la'Aretz. The Vilna Ga'on (ibid. 294:28) rules like the third opinion, c), in which case only grapes need Pidyon, with a Berachah.

7) [line 37] OLELOS
Olelos are incompletely-formed grape clusters, in which no grapes hang from the tip of the central stem, and the grapes on the side-stems that part from the central stem do not lie on one another. These clusters must be left behind on the vine for the poor, as stated in Vayikra (19:10), "ve'Charmecha Lo *Se'olel*... le'Ani vela'Ger Ta'azov Osam"

8) [line 38] CHALAH
Whenever a person kneads a dough made from one of the five species of grain (wheat, barley, oats, rye or spelt), he must separate a small portion to be given to the Kohen, as specified in Bamidbar 15:17-21. This portion is called Chalah. The requirement to separate Challah with a Berachah only applies to a dough made from the volume of 43.2 Beitzim of grain (about 9 1/8 cups or 2.16 liters). An amount about half that much requires Challah to be separated without a Berachah. A baker must separate 1/48 of his dough as Chalah, while a normal homeowner must separate 1/24.

9) [line 38] LO RE'I ZEH K'RE'I ZEH

(a) The method of learning that is being used by our Gemara is called a comparison, or "Meh Matzinu" ("what we have found [in one subject, applies to another subject, also]"). Among the rules of this method is the rule of a "Pirchah" (a question), where even a slight difference between the subjects causes the comparison to collapse, and no connection may be made.

(b) At this point the Gemara will bring a "Yochi'ach" or "Tochi'ach" (fem.) (a proof), where another subject, which fulfills the requirements of the Pirchah, is used to rebuild the comparison. A second Pirchah follows, where the Yochi'ach subject is brought into question. Then the original subject becomes the Yochi'ach.

(c) The conclusion is v'Chazar ha'Din (the Din goes back and forth), Lo Re'i Zeh k'Re'i Zeh (this subject is not exactly like that subject and vice versa), but the Tzad ha'Shaveh (common denominator) may be used to connect the Halachos of the two subjects, and we may learn a new Halachah from them (in our case, that all foods require a Berachah). The common denominator may also be brought into question, which inhibits learning the new Halachah from the two subjects.

10) [line 42] TZAD MIZBE'ACH - The point in common between wine, grain and oil is that they are brought up on the Mizbe'ach: flour and oil for Menachos; wine for Nesachim. This is not the case with all foods.

11) [line 48] BIKURIM
The Mitzvah of Bikurim consists of bringing the first fruits to emerge in one's field every year to the Kohanim in the Beis ha'Mikdash. A Kohen takes the basket of fruit and places it at the southeastern corner of the altar's base (Mishna Bikurim 2:3). The owner recites a specified declaration (verses 26:3,5-10), and the fruits are then given to the Kohen (Bikurim 3:8; 2:11). 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 3:6). (Although many other types of produce now grow in Eretz Yisrael, these are the *only* species of produce truly indigenous to Israel. Other, "immigrant," species can be destroyed by drought or harsh weather, but these 7 species will always be part of the land -- heard once from a leading botanist -MK.)

12) [line 53] MA'AL

(a) It is forbidden to derive personal benefit from anything that is Hekdesh. This is learned from the Lav of "Lo Suchal le'Echol bi'Sharecha ... u'Ndarecha Asher Tidor" ("You may not eat in your settlements, ... and your pledges that you will pledge") (Devarim 12:17).

(b) All of the food created in the world that will be consumed by Jews is considered Kadosh until the proper Berachah is recited. Therefore a Jew who does not recite the proper Berachah when he benefits from this world is compared to Mo'el b'Hekdesh.


13) [line 3] KENESES YISRAEL - The Assembly (people) of Yisrael. See Maharsha 35a DH L"K (Lo Kashya)

14) [line 9] YERAV'AM BEN NEVAT
Yerav'am Ben Nevat was the first king of the ten tribes of Yisrael after their secession from the kingdom of the Davidic dynasty (subsequently known as Yehudah), as recorded in Melachim 1:11:26-1:12:20. In order to prevent the people of the ten tribes from returning to the leadership of the Davidic kings, he outlawed the Mitzvah of Aliyah l'Regel (traveling to the Beis ha'Mikdash for Pesach, Shavu'os and Sukos). Instead, he set up two golden calves (ibid. 1:12:28), one in Beis El and one in Dan, and proclaimed that they should be served.

15) [line 19] DASH - threshes
16) [line 19] ZOREH - winnows
17) [line 25] B'MATUSA MINAICHU - I beg of you, I ask a favor of you
18) [line 25] LO SISCHAZA'U KAMAI - do not appear before me
19) [line 25] D'LO TITARDU BI'MZONAICHU - so that you should not be troubled/busy with attaining your sustenance
20) [line 32] TERAKSEMON - gateway

21) [line 32] MA'ASER

(a) After a crop is harvested, and brought to the owner's house or yard, he must separate Terumah from the crop, which he gives to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at approximately one fiftieth.

(b) After Terumah is removed from the produce, the first tithe to be given every year is called Ma'aser Rishon; one tenth of the produce must be given to a Levi.

(c) A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.

(d)The tithe that is separated during the first, second, fourth and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim. Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. The food which is bought with that money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah.

22) [line 33] KARPIFOS - enclosed areas used for storage
23) [line 36] ISHTENI L'ILUYA - it has changed to a superior form (from grapes to wine)

24a) [line 40] CHAMRA ZAYIN - wine nourishes
b) [line 40] MISHCHA LO ZAYIN - oil does not nourish

25) [line 43] 5 MININ
Five species of grain, wheat, barley, oats, rye or spelt, can be made into bread that requires the Berachah of ha'Motzi beforehand and Birkas ha'Mazon afterwards. According to the Rabanan (Berachos 37a), only these grains are acceptable for making Matzos for Pesach. Likewise, they rule that only these grains may become Chametz that is forbidden on Pesach.

26) [line 44] CHAMRA SA'ID - wine satiates
27) [line 45] D'NEGAREREI L'LIBEI - to stimulate his appetite
28) [line 46] TUVA GARIR - a great amount [of wine] stimulates the appetite
29) [line 48] SHALOSH BERACHOS - Birkas ha'Mazon (of which the first three blessing are obligatory from the Torah)

When a person puts himself in a situation that contradicts normal behavior, we treat this situation as Halachically invalid. For example, if a person eats something which is not food, we do not require him to make a Berachah over it, since it is not normally eaten. In our Gemara, if someone makes wine the chief element of his meal, Rava states that we can only wait until Eliyahu ha'Navi arrives to learn if his action elevates the meal of wine to the level where he may say Birkas ha'Mazon afterwards. In the meantime, since this is not normal behavior, we need not relate to his action, and even he should not say Birkas ha'Mazon.


(a) After a crop is harvested, and brought to the owner's house or yard, he 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 or benefits from Terumah in a normal fashion, he must pay the amount that he benefited to the Kohen who owns the Terumah, plus an additional fifth of the value, which is given to any Kohen (Terumos, 6:2). The payment for the original amount must be made in the form of a food which can itself become Terumah (i.e., it is not already Ma'aser etc.)
If he benefited in an abnormal fashion, such as drinking olive oil, he only pays the value of the object destroyed (i.e., the normal Halachah of damages applies to him.).

32) [line 54] TEFEILAH - a food of secondary importance
33) [last line] ENIGARON - a sauce in which oil is mixed with beet juice
34) [last line] ANSIGRON - the sauce of all kinds of mixed vegetables

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