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Nazir 35


(a) After a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop.
(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.
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional *fifth* (of the ensuing total, or a *quarter* of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

(a) In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael, who is Doresh Kelalei and Peratei (see Background to Nazir 34:9), lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is Kelal u'Perat u'Chelal Iy Atah Dan Ela k'Ein ha'Perat.
(b) When a Kelal (generalization) is followed by a Perat (specification), which is followed in turn by another Kelal, then everything belonging to the general category that is similar to the Perat is included. Anything that is not in the *general category* of the limiting Perat is not included.

3) [line 8] PRI MI'PRI - an object that has been produced from something that has been produced

4) [line 28] EIN HETER MITZTAREF L'ISUR (Permitted food items do not combine with prohibited food items)
(a) Food items that are prohibited to be eaten, such as Chelev, Nosar, Pigul, etc., have a minimal Shi'ur (amount) that the Torah specifies for which a person who eats them is liable to punishment. Even though an amount less than this is also prohibited to be eaten ("Chatzi Shi'ur Asur Min ha'Torah" - Yoma 74a), it incurs no punishment by Beis Din. A person who eats a Shi'ur incurs Malkos. A person who eats less does not, since "Ein [Ma'aseh] Achilah Pachos mik'Zayis" ("Eating is defined as an act of eating at least a k'Zayis").
(b) There are Isurim for which the Torah specifies that a person who eats even the most miniscule amount receives Malkos, on condition that he eats it with other food items (even items that are permissible) that add up to the Shi'ur of a k'Zayis. Since he has done an action of eating (by eating a k'Zayis) and the Isur was included in what he ate, he receives Malkos. This Halachah is stated in the Torah with regard to food items that absorbed the taste of Kodshim that became Asurim (Pesachim 45a). According to Rebbi Akiva (ibid. 44b), the Torah also reveals this Halachah in the case of a Nazir who soaks his bread in wine and eats a k'Zayis of the bread and wine, for which he receives Malkos. (The Tana'im argue as to whether this rule applies to other Isurim as well.)
(c) 1. Heter Mitztaref l'Isur is not applied when the items of Isur are *Batel* (nullified) in the Heter. It can only be applied when the Isur is not Batel (e.g. when it is noticeable that the Isur lends its taste to the Heter). 2. The Rishonim argue as to whether this Din applies *only* to an item of Isur that is Balu'a (absorbed) in Heter (TOSFOS to Pesachim 43b DH k'Man and most RISHONIM) or also to an item of Isur that stands alone and is not Balu'a in the Heter at all (RASHI to Pesachim 43b DH Ein). 3. The Rishonim also argue about a case where a Chatzi Zayis of Isur is Balu'a in a Chatzi Zayis of Heter, yielding a full k'Zayis. According to the Tana who does *not* rule that Heter combines with Isur, will the person who eats this mixture be Chayav or not? According to RASHI, since the Isur lends its taste to the Heter, a person who eats it is Chayav as if all of the k'Zayis was Isur. According to TOSFOS and most of the RISHONIM, this person is exempt from Malkos since there is only a Chatzi Zayis of Isur -- see Insights to Pesachim 43:1.

5) [last line] "MISHRAS" - the verse reads, "...v'Chol Mishras Anavim Lo Yishteh..." ("...and he may not drink any liquid in which grapes were soaked [or steeped]..." (Bamidbar 6:3)

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