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Pesachim 25

***************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 25a [line 18]:
The words "Ikaran *Ne'esarin*"
should be "Ikaran *Ne'esar*"
This is the Girsa in Dikdukei Sofrim #6. It is also Rashi's Girsa.

1) [line 1] SHE'AS HA'KOSHER - a time when it was permitted
2) [line 18] IKARAN (NE'ESARIN) [NE'ESAR] - the original plantling becomes forbidden once it takes root (RASHI here and to Chulin 116a)

3) [line 20] ATZITZ NAKUV - [wheat planted in] a flowerpot with a drainage hole (which receives sustenance from the ground underneath)

4) [line 25] ATZEI ASHEIRAH - wood from a tree that has been worshipped as an Avodah Zarah. (Asheirah was a popular fertility goddess in the Near East. She is identified with Astarte (Ashtaros) and Aphrodite


(a) If someone lives with a married woman after not heeding the warning of two witnesses, he is put to death by Chenek (choking), as it states in the Torah (Devarim 22:22).
(b) However, in one instance the Torah prescribes a different punishment, as it states in Devarim 22:23-24. If the woman was a Na'arah Besulah Me'urasah (a *virgin*, during the *first six months* after reaching her physical maturity (Na'arus), who has been betrothed through *Eirusin* (Kidushin) but not Nisu'in -- i.e. she has not moved into her husband's house yet), he is put to death by Sekilah (stoning).
(c) A person who sees a man raping a Na'arah ha'Me'urasah -- or any married woman, or any of the other Arayos, forbidden relations -- is permitted by the Torah to kill the rapist in order to stop him, if it is not possible to stop him in another way. This Halachah is learned from the verse, "v'Hi Tza'akah v'Ein Moshi'a Lah," (Devarim 22:27), which implies that it is permitted to save a Na'arah ha'Me'urasah even by killing the rapist.

6) [line 11] MAREI DURA'I - the ruler of my village
7a) [line 13] MAI CHAZIS - for what reason did you presume
b) [line 13] D'DAMA DIDACH SUMAK TEFEI? - that your blood is redder than his (i.e. that your life is more precious than his)?

8) [line 16] D'SHAYIF - that he was smearing
9) [line 16] GUHARKEI - undeveloped olives
10) [line 18] ESHATA TZEMIRTA - (O.F. maleveid) a fever which heats and burns the body

11) [line 22] EFSHAR V'KA MICHAVEN - it is possible for him to refrain from having benefit or deriving pleasure yet he has full intent to benefit or derive pleasure

(a) A Davar she'Eino Miskavein is an act which is done for a certain purpose (which can be accomplished without transgressing an Isur Torah), but which *may* result in an Isur Torah being inadvertently performed. Rebbi Yehudah prohibits performing such an action, since it may result in an Isur Torah. Rebbi Shimon disagrees, claiming that even though an Isur Torah may result from this action, since the Isur Torah will come about without intent, the action is permitted.
(b) The laws of a Davar she'Eino Miskaven (that it is permitted according to Rebbi Shimon or forbidden according to Rebbi Yehudah) apply only when it is not inevitable that an Isur Torah will occur as a result of one's action. However, when an Isur Torah will definitely occur as a result of one's action, it is known as a Pesik Reshei and is forbidden. For example, if a person cut the head off of a chicken on Shabbos and states that he had no intention to kill the animal but he merely wanted its blood to feed to his dogs, it is considered as though he had full intention to kill the animal since it was an inevitable outcome of his act, and he is Chayav.

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