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Pesachim 35

***************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 35a [line 19]:
The words "*Shevilei* Ta'ala"
should be "*Shibolei* Ta'ala"
This is the Girsa of the Oxford manuscript (Dikdukei Sofrim #70).

[2] Rashi 35a DH Tanina:
The words "d'Avud *Rabanan* Ma'alah b'Kodshim"
should be "d'Avud *Rachmana* Ma'alah b'Kodshim"
This is the Girsa of the early printings. The word "Rabanan" does not appear
in the manuscripts since this Din is mid'Oraisa (Dikdukei Sofrim #10).

1) [line 6] L'RABOS ES HA'ETZIM (CHIBAS HA'KODESH - The Endearment Of Kodesh)
(a) The more precious an object is, the more it is guarded. It is therefore required that we guard Kodesh from Tum'ah more stringently than we guard Chulin or Terumah. For this reason, Kodesh can become Tamei even if it has never come in contact with a liquid and was not Huchshar.
(b) Likewise, even Kodesh items that are inedible (such as the wood for the Mizbe'ach and Levonah -- frankincense) can become Tamei as if they were foods.
(c) According to RASHI (19a DH Alma) this Tum'ah of wood and frankincense of Hekdesh is only mid'Rabanan, while according to TOSFOS (ibid. DH Alma; Chulin 35a DH Ein), this Tum'ah is mid'Oraisa (see Insights to Pesachim 19a, 20a).

2) [line 10] KUSMIN - spelt (a species of wheat)
3) [line 10] SHIFON - (O.F. seigle) rye
4) [line 10] SHIBOLES SHU'AL - (a) (O.F. aveine) oats; (b) Hordeum sativum ssp. distichum, a species of barley that grows in two rows (Y. FELIX, Plant World of the Bible, Masada Press, Ramat Gan 1976, p. 152, based on the TALMUD YERUSHALMI, Maseches Chalah 1:1)

5) [line 11] DEMAI
(a) Produce bought from an Am ha'Aretz (an unlearned Jew who is lax in his Torah-observance - see Berachos 47b) is referred to as Demai ("Da Mai?" = "what is this?").
(b) Terumas Ma'aser, and Ma'aser Sheni must be separated from this produce since a minority of Amei ha'Aretz cannot be trusted to have separated them before selling it. Terumah Gedolah, however, (because of its stringency) is presumed to have been separated. Ma'aser Rishon and Ma'aser Ani are separated from the produce, but eaten by the owner (in keeping with the principle "ha'Motzi me'Chaveiro Alav ha'Re'ayah").

6) [line 11] MA'ASER RISHON
(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.

7) [line 12] MA'ASER SHENI
(a) 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.
(b) 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.
(c) 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 which is bought with that 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 fifth.

8) [line 13] CHALAH
Whenever a person kneads a dough made from one of the five species of grain (wheat, barley, oats, rye or spelt), he must separate a small portion to be given to the Kohen, as specified in Bamidbar 15:17-21. This portion is called Chalah. The requirement to separate Chalah with a Berachah only applies to a dough made from the volume of 43.2 Beitzim of flour (about 10 1/2 cups or 2.48 liters). An amount about half that much requires Chalah to be separated without a Berachah. A baker must separate 1/48 of his dough as Chalah, while a normal homeowner must separate 1/24.

9) [line 15] CHALOS HA'TODAH
The Todah (thanksgiving-offering) was a form of Shelamim that was eaten for only one day and one night. An animal that was sacrificed as a Todah was brought together with forty loaves of bread, ten each of the following: (1) unleavened loaves mixed with oil; (2) flat unleavened Matzos saturated with oil; (3) unleavened loaves made of boiled flour mixed with oil; (4) loaves of leavened bread. One loaf of each type of bread was given to the Kohen who performed the Zerikah of the Todah (Vayikra 7:11).

10) [line 15] REKIKEI NAZIR
(a) If a person makes a vow to become a Nazir without stipulating a time period, his Nezirus lasts for a period of thirty days. During this period, the Nazir is not allowed to: (1) cut his hair; (2) become Tamei by touching or being in the same room as a corpse; or (3) consume any products of the grapevine.
(b) When a Nazir completes his period of Nezirus, he must offer three sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram as a Shelamim. Together with the Shelamim he brings 6 and 2/3 Esronos of Soles (fine flour) which are made into 20 loaves of Matzah that are called Rekikin.

11) [line 18] GULBA (O.F. espelte) spelt
12) [line 19] (SHEVILEI) [SHIBOLEI] TA'ALA - [a grain] the stalks [of which look like the tail] of a fox

13a) [line 19] OREZ - (a) millet (RASHI Berachos 37a); (b) rice (TOSFOS ibid.)
b) [line 19] DOCHAN - (a) panic grass, a type of millet (RASHI ibid.); (b) millet (TOSFOS ibid.)

15a) [line 25] D'KADIM U'MACHMITZ - it turns into Chametz quickly
b) [line 25] KAROV L'HACHMITZ HEVEI, CHAMETZ GAMUR LO HEVEI - it almost turns into Chametz, but not completely. A person who eats it neither incurs the Kares punishment (for eating it intentionally) nor is liable to bring a Korban Chatas (for eating it unintentionally)

16) [line 28] SHEITZANISA - (a) Ketzach, (O.F. neele) fennel flower, a sweet-smelling herb whose seeds are used for flavoring food; alt. black cumin; (b) (O.F. esdarnele) rye-grass

17) [line 29] D'MISHTAKCHA BEINEI KALNISA - that is found among poppies (O.F. mac)

18) [line 32] MENAMNEM - dozing
19) [line 35] MATZAH ASHIRAH - Matzah "enriched" with wine, oil or honey
20a) [line 36] HIMCHAHU - (O.F. destenprer) if he soaked it (bread or Matzah) in water
b) [line 36] U'GEMA'O - and he drank it (the mixture)
21) [line 38] IT'AR BEHU - he aroused himself before them
22) [last line] DARDEKEI - young students who have not reached a level where they can make analytical deductions


23) [line 7] ACHSANYA - (a) a Jewish army (RASHI here and in Berachos 47a); (b) a Jewish guest (TOSFOS Berachos ibid. DH u'Ma'achilin, RAMBAM Hilchos Ma'aser 10:11); (c) a non-Jewish army (TOSFOS ibid. and here DH v'Es)

(a) By Torah Law, a person is required to tithe his grain only if he harvests it in a normal manner. This includes completing the stalk-to-grain process in the field, piling up the grain there and bringing it through the front door of his house (Berachos 35b). He is then required to tithe his grain; it becomes "Hukba l'Ma'aser" (designated for tithing).
(b) The first part that he must separate is Terumah Gedolah, which is given 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.
(c) After Terumah Gedolah 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. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.
(d) If a Levi came to the field and claimed the Ma'aser Rishon from the stalks *before* the grain was processed and separated from the stalks, the requirement to give Terumah Gedolah is canceled, as Reish Lakish proves from the wording of the verse (ibid.).
However, if a Levi came to the field and claimed the Ma'aser Rishon from the Kri (the pile of grain which was already processed and separated from the stalks), he must give Terumah Gedolah to a Kohen from his portion. The requirement to give Terumah Gedolah is already present as soon as the produce is classified as Dagan (it is processed), as the verse (Devarim 18:4) states, "Reishis *Degancha* ... Titen Lo" - "You should give him the first [part that you separate] from your produce."

25) [line 21] HAI IDGAN - this one (the Kri), was heaped into a pile, classifying it as Dagan, which necessitates separating *Terumah Gedolah*, as the verse (Devarim 18:4) states regarding Terumah Gedolah, "Reishis *Degancha* ... Titen Lo" - "You should give him the first [part that you separate] from your produce"

26) [line 29] SHE'ZAR'O B'ATZITZ SHE'EINO NAKUV - it was planted in a pot without a drainage hole (and received no sustenance from the ground underneath)

27) [line 36] ASIMON - a blank; a metal disc from which a coin is stamped
28) [line 37] TZURAH - a design

29) [last line] EIN ISUR CHAL AL ISUR (a) Even if an object that is already prohibited by one Isur Torah cannot become prohibited by a second one (Ein Isur Chal Al Isur), there are possible exceptions to this rule (Chulin 101a):

1. Isur b'Vas Achas - Two Isurim may take effect at the same instant.
2. Isur Kollel - The second Isur includes objects that the first Isur did not (e.g. Yom Kippur prohibits not only the eating of Neveilos, but Kosher foods as well).
3. Isur Mosif - The second Isur adds a new dimension of Isur to the first (e.g. it prohibits the object to people who were not included in the first Isur, or it makes the object Asur b'Hana'ah and not just Asur to be eaten).
4. Isur Chamur (according to Rebbi Yehudah) - A more stringent Isur can take effect on an object that is already prohibited by a less stringent Isur (e.g. the prohibition of Gid ha'Nasheh is more stringent than the prohibition of non-Kosher animals, since it applied to Benei Yakov when they were still permitted to eat non-Kosher animals).
(b) According to Rebbi Shimon, an object that is already prohibited can *never* become prohibited by another Isur, even if the second Isur is Kolel, Mosif or Chamur.

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