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Pesachim 31

PESACHIM 31 - dedicated b'Ahavas ha'Torah by Rav Ari Bergmann of Lawrence, N.Y.

***************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 31a [line 8]:
The words "*Maslik Lehu* b'Zuzei"
should be "*Mesalek Lei* b'Zuzei" (Dikdukei Sofrim #400)

[2] Rashi 31a DH Iy Pike'ach:
The words "v'Chozer v'Goveh *Osam* Mehem"
should be "v'Chozer v'Goveh *Osah* Mehem" (Rashash) ************************************************

1) [line 1] PARIK - and redeems the property from Hekdesh (with an additional Dinar which he lends to the Loveh)

2) [line 8] (MASLIK LEHU) [MESALEK LEI] B'ZUZEI - (lit. he sends him away with money) The Loveh would have repaid the loan to the Malveh with money

3) [line 10] ACHRAYUS (with regard to sales and gifts)
(a) "Achrayus" is a way of insuring the purchase of land. A person who gives or sells a field to someone else can guarantee the gift or sale by obligating himself in Achrayus. If it is determined afterwards that the seller did not have the right to sell the land (for example, if the land was stolen, or if there was a lien on the property and it was claimed by a creditor as repayment for a loan), the assets of the seller are made available to the buyer to collect the value of the property that was removed from his possession. For example, if Reuven sold a field to Shimon with Achrayus, and Reuven's creditor demands and confiscates the field from Shimon, Shimon has the right to collect its value from Reuven (or from other people who bought land from Reuven after the time of Shimon's purchase). If the field was purchased without Achrayus, Shimon has no legal claim against Reuven whatsoever, and he is not compensated at all for his loss (Bava Basra 44b).
(b) There is an argument among the Tana'im as to whether a seller automatically accepts upon himself Achrayus whenever he sells a property with a Shtar (a legal document), even if it did not state in the Shtar that he accepts upon himself Achrayus for the sale. One Tana states that "Achrayus Ta'us Sofer;" the field *does* have Achrayus and the scribe simply forgot to include it in the Shtar. The other Tana rules that we follow the plain reading of the Shtar, and the field was indeed sold without Achrayus (Bava Metzi'a 13b). The Gemara concludes that even if Achrayus was not written in the Shtar, the seller *is* obligated in Achrayus unless he made an explicit condition to be absolved of Achrayus (Bava Metzi'a 15b). With regard to a person who gives a gift, since most people do not accept Achrayus upon themselves when they give a gift, the Gemara concludes that the benefactor is *not* obligated in Achrayus unless he made an explicit condition that he should be obligated.

4) [line 13] PAISEI B'ZUZEI - he appeased the Ba'al Chov of Reuven by paying him money rather than letting him take possession of the field

5) [line 15] SHAVAK AVUN GABACH - our father left with you
6) [line 18] AMATU L'HACHI - because of this
7) [line 23] NOSHEH - one who demands the repayment of a loan
8) [line 27] KESHE'HIRHINO ETZLO - when he left the Chametz in the possession of the non-Jew as a pledge


9) [line 15] ME'ACHSHAV - [if I do not pay you back at the agreed time, then] acquire the Chametz from now

10) [line 18] PAS PURNI - a large loaf of bread baked in a large oven (furnace)
11) [line 19] HIGATICHA - I let you have it [from now]
12) [line 23] MELAI - merchandise
13) [line 30] MAPOLES - debris from a collapsed structure
14) [line 33] KAMAH CHAFISAS HA'KELEV? - how deep does a dog dig to search for Chametz?
15) [line 40] MI'SICHRA - from Sichra, near Mechuza

(a) After a crop is harvested and brought to the owner's house or yard, the owner must separate Terumah from the crop, which he gives to a Kohen. Kohanim and members of their households are allowed to eat Terumah, as long as they are Tehorim.
(b) If a non-Kohen eats Terumah without knowing that it is Terumah, he must replace what he ate in the form of a food that can itself become Terumah (Tashlumei Terumah). He returns the amount of Terumah that he ate to the Kohen who owned the Terumah (see Insights to the Daf, Pesachim 32). In addition, is fined another Chomesh (fifth) of the ensuing total (i.e. a quarter of the value of what he ate). This Chomesh may be paid to any Kohen (Terumos 6:2), and is not necessarily given to the Kohen who owned the Terumah that was eaten.
(c) If the Terumah was eaten in an abnormal fashion, such as by drinking olive oil, he only pays the value of the Terumah that was destroyed (i.e. the normal Halachah of damages applies to him, and not the laws of Tashlumei Terumah).
(d) A non-Kohen who eats or benefits from Terumah b'Mezid (intentionally) pays the value of the Terumah destroyed (i.e. the normal Halachah of damages applies to him, and not Tashlumei Terumah), and incurs the punishment of Misah b'Yedei Shamayim (Sanhedrin 83a).

17) [line 42] DEMEI ETZIM - [if the Terumah was Teme'ah and can only be used by a Kohen as firewood, he does not pay] its value as firewood

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