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Pesachim 29

***************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 29a [line 12]:
"d'Afilu b'Soch Zemano Mutar *b'Hana'ah*"
The word "b'Hana'ah" is unnecessary as is evident from Tosfos (Rashash; this
is also the Girsa in the manuscripts brought by the notes to Dikdukei Sofrim #4)

[2] Tosfos 29a DH b'Din:
The words "d'Iy Efshar *Im Lo* Yehei Shelo"
should be "d'Iy Efshar *she'Lo* Yehei Shelo" (Bechor Shor)

*1*) [line 8] AVAL ATAH OCHEL SHEL ACHERIM - that is, one can eat Chametz of a non-Jew even *on* Pesach, RASHI; alternatively, one can eat the Chametz of a non-Jew *after* Pesach, and one may derive benefit from it on Pesach, TOSFOS.

(a) In certain circumstances, the Torah permitted Kodshim animals that develop a Mum (defect) to be redeemed, annulling their sanctity. However, they do not loose all of their sanctity. It is prohibited to shear sheep, work with beasts of burden, or milk animals of Kodshim.
(b) There is an argument among the Tana'im as to whether it is permissible to redeem Kodshim in order to feed them to dogs, as opposed to feeding them to Jews. Such is the case if the animal is prohibited for Jews to eat. One opinion prohibits redeeming Kodshim to feed them to dogs even if the animal is edible by dogs or non-Jews, and only permits their redemption if a Jew may eat them or a Jew or a non-Jew may derive benefit from them (Pesachim 29b, and TOSFOS DH Rav Ashi)


3) [line 3] DAVAR HA'GOREM L'MAMON, K'MAMON DAMI (a) Davar ha'Gorem l'Mamon refers to an object in which the owner has neither the right to eat it, use it or derive benefit from it in any way. Still, if this object is destroyed, it causes its owner a financial loss. Examples of this are: (1) an object that is Asur b'Hana'ah at present but will be Mutar b'Hana'ah in the future, such as Chametz on Pesach according to Rebbi Shimon, who permits its use after Pesach; (2) an item that one accepted to be Shomer (to care for and return it to its owner unharmed) that became Asur b'Hana'ah or invalidated from use while it is in the hands of the Shomer. In certain circumstances, if a Shomer returns such an item (although it is now worthless) to its owner, he is not responsible to replace it with an object of value.
(b) The Tana'im argue as to whether a person who steals or damages such an item is liable to pay the owner for it or for the damages (since he caused the owner a financial loss) or not (since it is worthless at present in either case).

4) [line 21] B'NOSEN TA'AM - when a substance "lends taste" to the mixture in which it is (see below, entry #6)

5) [line 25] B'MINO B'MASHEHU - in a mixture of identical objects where the questionable item is present in a miniscule amount

(a) When a forbidden object is mixed with a permitted object, the mixture may be prohibited to be eaten mid'Oraisa, prohibited to be eaten mid'Rabanan, or permitted to be eaten, as follows: (1) If most of the mixture is Isur, it is prohibited mid'Oraisa. (2) If most of the mixture is Heter, but the Isur is more than one sixtieth of the Heter, i.e. the Isur is "Nosen Ta'am" (lends taste) to the Heter, it is prohibited mid'Rabanan (since "Ta'am k'Ikar," the "taste" is like the essence is a Din d'Rabanan -- there are those who prohibit this mixture mid'Oraisa, when it is mixed with an unidentical substance, asserting that "Ta'am k'Ikar" is mid'Oraisa). (3) If the amount of Isur is less than one sixtieth of the Heter, and is not Nosen Ta'am to the Heter, the mixture is permitted.
(b) The above applies when unidentical substances are mixed (e.g. they were cooked together and the Isur is Nosen Ta'am to the Heter, or if two unidentical liquids mix ("Lach b'Lach"), or if two identical solids mix). However, when a liquid mixes with an identical liquid, the Tana'im argue as to the status of the mixture. According to Rabanan, since identical substances are not Nosen Ta'am to each other at all, the Isur can be nullified by a majority of Heter (and sixty parts of Heter are not required). According to Rebbi Yehudah, the opposite is true. Even a miniscule amount of Isur prohibits the mixture, since mid'Oraisa the Isur is not nullified at all.
(c) These rules apply to normal Isurim. There are, however, Isurim for which Chazal decreed that they not be nullified by a majority or by sixty parts of Heter. Some are nullified by one hundred parts of Heter (Terumah), some by two hundred parts of Heter (Orlah and Kil'ayim). Others are never nullified, due to their stringency (Avodah Zarah, Chametz according to Rav in Pesachim 30b, and Davar she'Yesh Bo Matirin) or due to the importance of the item of Isur that is mixed in (e.g. a Biryah, Chatichah ha'Re'uyah l'Hiskabed, etc.).

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