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Kesuvos 5

1) [line 4] POSKIN TZEDAKAH LA'ANIYIM - to designate funds for the poor
2) [line 7] L'FAKE'ACH AL ISKEI RABIM - to safeguard matters that concern the public, e.g. by speaking to government officials

3) [line 8] MEFAKCHIN PIKU'ACH NEFESH - (a) we may discuss on Shabbos matters that may lead to life-saving situations (RASHI -- see SHITAH MEKUBETZES); (b) we may clear away an avalanche or a structure that collapsed on top of people (ARUCH)

4a) [line 10] TARTIYA'OS - (a) theaters (ARUCH); (b) the palaces of kings and ministers (RASHI)
b) [line 11] KARKIYA'OS - (a) circuses, places of amusement; (b) party halls and scenes of wild drinking

5) [line 19] HASAM IS LEI REVACHA - there (on the Shabbos adjacent to Erev Yom ha'Kipurim) there is an extent [of time, from Motza'ei Shabbos until the time of the meal]

6) [line 23] L'IKRUREI DA'ATA - that he will calm down
7) [line 43] "AF YADI YASEDAH ERETZ, VI'YMINI TIPECHAH SHAMAYIM; [KOREI ANI ALEIHEM, YA'AMDU YACHDAV.]" - "My *hand* also has laid the foundation of the earth, and My right hand has spanned the heavens; [when I call to them, they stand up together.]" (Yeshayah 48:13)

8) [line 44] "...MACHON L'SHIVTECHA PA'ALTA, HASH-M. MIKDASH, HASH-M, KONENU YADECHA." - "[You shall bring them in, and plant them in the mountain of Your inheritance,] the place of Your dwelling that You, HaSh-m, have made; the Sanctuary, HaSh-m, that Your *hands* have established." (Shemos 15:17)

9) [line 49] "V'YASED TIHEYEH LECHA AL AZENECHA..." - "And you shall have a spade among your weapons..." (Devarim 23:14) - The word for "spade," "Azenecha," sounds like the word for "your ear," "Oznecha."


10) [line 2] YESEIDOS - (O.F. cheville) pegs
11) [line 3] MISHUM D'MECHALKAN - because they are separated from each other
12) [line 4] ZERES - the smallest finger
13) [line 5] KEMITZAH - the ring finger
14) [line 5] AMAH - the middle finger
15) [line 5] ETZBA - the pointer
16) [line 5] GUDAL - the thumb
17) [line 6] MESHUPOS - (O.F. aguisiedes) sharpened, pointed
18) [line 9] ALYAH - earlobe
19) [line 10] YAKUF ALYAH L'SOCHAH - he should bend over the earlobe into the ear
20) [line 11] NICHVOS - burned
21) [line 13] MIFKAD PAKID - is stored up
22) [line 13] CHAVUREI MICHBAR - [the blood is the result of] a wound

(a) An act that is done for a certain purpose (which will be accomplished without transgressing a Melachah), but which *may* result in a Melachah being inadvertently performed, it is called a Davar she'Eino Miskavein. Rebbi Yehudah prohibits performing such an action mid'Rabanan, since it may result in a Melachah. Rebbi Shimon disagrees, claiming that even though a Melachah may result from this action, since the Melachah will come about without intent, the action is permitted.
(b) Rebbi Shimon and Rebbi Yehudah disagree only if it is not clear that a Melachah will be done. If the Melachah is inevitable, the act is prohibited even according to Rebbi Shimon -- even though the person is not the least bit interested in performing the Melachah. Such a situation, in which a Melachah will inevitably be accomplished, is referred to as "Pesik Reisha v'Lo Yamus."
(c) A person must have specific *intent* to do a Melachah on Shabbos in order to be liable for punishment or to be required to bring a Korban. Therefore, if a person engages in a Davar she'Eino Miskavein and a Melachah does result, even Rebbi Yehudah will agree that the person is not obligated to bring a Korban, since the Melachah was done accidentally. Rebbi Yehudah and Rebbi Shimon argue only as to whether it is permitted *in the first place* to perform an action that may result in a Melachah. (See Insights to Shabbos 41:2)

(a) Normally, one is Chayav on Shabbos only for performing a Melachah that is a creative act. If a person performed an act of destruction or impairment he is Patur.
(b) Although this rule applies to all other Melachos of Shabbos, there is an argument among the Tana'im as to whether it applies to the Melachos of Chaburah (making a bruise and letting blood) and Hav'arah (lighting a fire). According to Rebbi Shimon, these two Melachos are exceptions to the rule, and one is Chayav even if they only accomplished a destructive act and not a constructive one. Rebbi Yehudah, who rules "Mekalkel b'Chaburah Patur," maintains that there is no difference between these two Melachos and the other Melachos.

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