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Berachos 40

***************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 40b [line 31]:
the words: "*d'Tanya* Lo Avarti"
should be: "*d'Tnan* Lo Avarti"
This is the Girsa of the Rosh and Dikdukei Sofrim #400. The Gemara is more
likely to bring a proof from a Mishnah (Ma'aser Sheni 5:11), rather than
from the Beraisa in Sifri, since they are exactly the same. See the
Tzelach, who suggests a beautiful approach to explain the Girsa of "d'Tanya".

[2] Tosfos 40b DH Amar Abaye:
the words: "Y"M (Yesh Mefarshim) d'Mistabra *Beraisa* Kavasei"
should be: "Y"M (Yesh Mefarshim) *d'Halachah k'Rav*, d'Mistabra *u'Beraisa* Kavasei"
This is the correct Girsa, based upon the Rosh at the end of 6:23.

[3] Ibid:
"u'Me'ein Sheva d'Matzli"
Before these words, it is necessary to add another answer to the question
about the first Berachah of Shemoneh Esrei, namely "Iy Nami, ha'Keil
ha'Kadosh Hu k'Malchus" ("Alternatively, ha'Keil ha'Kadosh is equivalent to
Malchus"). (This seems necessary based upon the words of the Rosh ibid.)

1) [line 2] LIFTAN - relish
2) [line 4] GAVIL L'TOREI - mix (the coarse bran) for the oxen
3) [line 13] BATZA L'HEDYA - he immediately broke the bread (without waiting for salt or relish)

4) [line 15] LEIS DEIN TZARICH BASHESH - this bread does not need to wait [until salt or relish is brought] (it is quite tasty by itself

5) [line 16] KALIM - completely finish
6) [line 17] AFAR TICHO'ACH - loose, fine dirt
7a) [line 19] MADRON - slope
b) [line 27] ASKERA - (O.F. bon malant) quinsy, a severe development of heat, pain, redness and swelling in the throat

8) [line 27] HA'MAKPEH ACHILASO B'MAYIM - one who drinks a lot of water after he eats (lit. one who makes his food float in water)

9) [line 29] KITON L'FAS - a flask of water per loaf of bread
10) [line 32] KASHEH L'REI'ACH HA'PEH - it produces bad breath
11) [line 33] CHARDAL - mustard
12) [line 35] CHULSHAH D'LIBA - faintness of the heart
13a) [line 38] MAFRIN U'MARBIN - cause people to have children
b) [line 38] MAVRIN - revive, make healthy
14) [line 39] KETZACH - (O.F. neele) fennel flower, a sweet-smelling herb used for flavoring food; alt. black cumin

15) [line 40] HA'YASHEN L'MIZRACH GORNO - one who sleeps to the east of his threshing floor of Ketzach

16) [line 41] MEDABKA LEI - she would stick some Ketzach to the dough
17) [line 42] U'MEKALFA LEI - and peel it off
18) [line 45] ME'EIN BIRCHOSAV - it own type of blessings

19) [line 52] MEVI V'EINO KOREI

(a) 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 (Devarim 26:3,5-10), and the fruits are then given to the Kohen (Bikurim 3:8; 2:11).

(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 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.) (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). Our Gemara cites an instance where the Tana'im argue as to whether the owner recites the declaration or not.

20) [last line] ISEI L'GAVZA - the stem remains


21) [line 21] BINYAMIN RA'AYA - Binyamin the shepherd
22) [line 22] BERICH MAREI D'HAI PITA - Blessed be the Master of this bread

23) [line 27] PARSHAS SOTAH

(a) A Sotah is a woman who is suspected of committing adultery, because she was warned by her husband not to be alone with a certain man, and then she violated the warning. The husband must bring his wife to the Beis ha'Mikdash, along with a sacrifice consisting of 1/10 of an Eifah (approx. 2 quarts) of barley meal.

(b) An earthenware jug is then filled with half a Lug of water from the Kiyor, and dirt from the floor of the Azarah is placed on top of the water. Parshas Sotah, the portion of the Torah describing the curses with which a Sotah is cursed (which contains numerous appearances of HaSh-m's name), is written on parchment and then immersed in the water, causing the ink to dissolve and the holy name to be erased.

(c) The Kohen reads this Parshah out loud (in any language that the Sotah understands) and makes the Sotah swear that she has been faithful to her husband. She then drinks from the water. If she had been unfaithful to her husband, the water would enter her body and cause her belly to swell out and her thigh to rupture. If she was faithful to her husband, she would remain unharmed and would be blessed with children (Bamidbar 5:11-31)

24) [line 27] VIDUY 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.

(e) The Torah requires that at two times during the Shemitah cycle the owner must recite Viduy Ma'aser, as is learned from Devarim 26:12-13. He declares that he has set aside all of the required tithes and gifts, and that he kept all the Mitzvos with regard to them. This declaration is done in the afternoon of the last day of Pesach in the fourth and seventh years. The declaration is found in Devarim 26:13-15, and may be recited in any language that the owner understands. (RAMBAM Hilchos Ma'aser Sheni 11:1-3)

25) [line 33] NOVLOS - fruit that was scorched by the sun or dates that were blown off by the wind

26) [line 34] GOVAI - Kosher grasshoppers
27) [line 37] SHE'IPSHAH - that became moldy
28) [line 38] SHE'HIKRIM - (O.F. boter) that became slimy from contamination
29) [line 38] SHE'AVAR TZURASO - that turned sour
30) [line 38] ZAMIS - a) (O.F. salmuire) brine (RASHI 36a); b) soup (ARUCH); c) the foam that collects at the top of a pot of cooked food (RAV HAI GAON); d) salt water (TUR)

31) [line 38] KEMEHIM, PITRIYOS - types of boletes, such as mushrooms, morels and truffles

32) [line 41] MIRBA RAVU ME'AR'A - they grow from the ground
33) [line 41] MINKEI LO YANKEI ME'AR'A - they do not take their nourishment from the ground
34) [line 42] BUSHLEI CHAMRA - fruit that was scorched by the sun
35) [line 42] TAMREI D'ZIKA - dates that were blown off by the wind
36) [line 46] NOVLOS TEMARA - Novlos (see above, #25) that are specifically dates

37) [line 46] DEMAI
Produce bought from an Am ha'Aretz (an unlearned Jew who is lax in his Torah-observance) is referred to as Demai ("Da Mai?" = "what is this?"). Ma'aser Rishon, Terumas Ma'aser, and Ma'aser Sheni must be separated from this produce since a minority of Amei ha'Aretz cannot be trusted to have separated them before selling it. Terumah Gedolah, however, (because of its stringency) and Ma'aser Sheni (because it belongs to the owner) are presumed to have been separated.

38) [line 46] SHISIN - a kind of wild, inferior fig
39) [line 46] RIMIN - a fruit that grows on a type of thorny tree or bush
40) [line 46] UZRADIN - (O.F. cormes) sorb-apples; alt. medlars, crab-apples
41) [line 47] BENOS SHU'ACH - a species of inferior white figs, the flowers of which develop into fruits over a 3-year period

42) [line 47] BENOS SHIKMA - sycamore fruits; alt., figs that are similar to the fruit of the sycamore

43) [line 47] GUFNIN - winter-grapes that never ripen; alt., a type of fragrant herb that resembles dill

44) [line 47] NIZTPAH - the fruit of the caper-berry bush

45) [last line] LEKET
"Leket" refers to individual (one or two) stalks that have fallen from the sickle or hand during the harvest. Such stalks may not be retrieved by the owner but must be left for the poor, as described in Vayikra (19:9) "v'Leket Ketzircha Lo Selaket ...". If three stalks fall together, they may be retrieved by the owner

46) [last line] SHIKCHAH
If one or two bundles of grain were forgotten in the field when the other bundles were collected, they must be left for the poor, as described in Devarim (24:19)

47) [last line] PE'AH
The corner, or end of the harvest must be left in the field for the poor, as it states "Lo Sechaleh Pe'as Sadecha Liktzor ... le'Ani vela'Ger Ta'azov Osam" (Vayikra 19:9-10) - Do not completely harvest the corner of your field ... you shall leave them for the poor and the stranger.

48) [last line] HUKBE'U L'MA'ASER
See #24 above. By Torah Law, a person is required to tithe his grain only if he harvests it in a normal manner. This includes completing the stalk-to-grain process in the field, piling up the grain there and bringing it through the front door of his house (Berachos 35b). It is then Hukba l'Ma'aser (designated for tithing). Leket, Shikchah and Pe'ah are exempt from Ma'aser. However, if a poor person piles up the grain that he collected, he must set aside Ma'aser mid'Rabanan, since it appears to onlookers to be the grain of his own field.

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