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Sanhedrin 59

1) [line 1] KUM ASEH V'SHEV V'AL TA'ASEH NINHU - [the Mitzvah of Dinim is comprised of a] "get up and do" [justice] and a "sit and do not do" [evil]. (In RASHI, the words "V'HIBATEL *MI'LO SA'ASEH* AVEL" should be "V'HIBATEL *MI'LA'ASOS* AVEL" -- RASHASH)

2) [line 4] "TORAH TZIVAH LANU MOSHE, MORASHAH KEHILAS YAKOV" - "Moshe commanded us the Torah, [it is] the inheritance of the congregation of Yakov." (Devarim 33:4) - The Gemara brings an alternate Derashah for the word "Morashah" that reads it as "Me'orasah" - "betrothed," thus equating a Nochri who learns Torah with a man who violates a Na'arah Me'orasah, incurring the death penalty of Sekilah. (But see LECHEM MISHNAH to RAMBAM Hilchos Melachim 10:9 and Background to Sanhedrin 58:19.)

3) [line 6] MAN D'AMAR ME'ORASAH - the sage who interprets the word "Morashah" homiletically, reading it as "Me'orasah" - "betrothed"

4) [line 9] SHE'HU K'CHOHEN GADOL - that he is like a Kohen Gadol (he is compared to a Kohen Gadol just like the Mishnah (Horiyos 13a) that states that a Mamzer Talmid Chacham comes before a Kohen Gadol Am ha'Aretz -- IYUN YAKOV)

5) [line 10] "[U'SHMARTEM ES CHUKOSAI V'ES MISHPATAI,] ASHER YA'ASEH OSAM HA'ADAM VA'CHAI BAHEM." - "You shall therefore keep My statutes, and My judgments; which if a man does, he shall live in them; I am HaSh-m." (Vayikra 18:5) - Since the verse uses the word "ha'Adam" - "a man," Rebbi Meir learns that it includes Nochrim as well.

6) [line 15] "ACH BASAR B'NAFSHO DAMO LO SOCHELU." - "But flesh with its life, its blood, you shall not eat." (Bereishis 9:4)

7) [line 20] KA'YOTZEI VA'DAVAR ATAH OMER - you may learn (lit. say) a similar matter [with regard to Benei Yisrael, who were also commanded not to eat Dam Min ha'Chai]. (These are the words of Rebbi Chanina ben Gamliel)

8) [line 21] "RAK CHAZAK L'VILTI ACHOL HA'DAM KI HA'DAM HU HA'NAFESH, [V'LO SOCHAL HA'NEFESH IM HA'BASAR.]" - "Only be sure that you eat not the blood; for the blood is the life; [and you may not eat the life with the flesh.]" (Devarim 12:23)

9) [line 22] (RAK CHAZAK L'VILTI ACHOL HA'DAM -- ZEH EVER MIN HA'CHAI; KI HA'DAM HU HA'NAFESH -- ZEH DAM MIN HA'CHAI) - the MAHARSHAL and the VILNA GA'ON omit these words from the text of the Gemara, except for the last words "Zeh Dam Min ha'Chai," either because (a) Rebbi Chanina ben Gamliel learns the prohibition of Ever Min ha'Chai from the end of the verse, "v'Lo Sochal ha'Nefesh Im ha'Basar," like Rebbi Yochanan and Reish Lakish (Chulin 102b), and not from "Rak Chazak l'Vilti Achol ha'Dam;" or (b) the SIFRI (Parshas Re'eh, Piska 76, DH v'Lo Sochal ha'Nefesh) quotes Rebbi Chanina ben Gamiliel, stating that he learns the prohibition of *Dam* Min ha'Chai from the end of the verse, "v'Lo Sochal ha'Nefesh Im ha'Basar," revealing that our Gemara has only cited the *beginning* of the verse from which Rebbi Chanina learns his Halachah, "Rak Chazak..." (The abbreviation "v'Gomer" stands for the end of the verse.) He does not learn Dam Min ha'Chai from "Ki ha'Dam Hu ha'Nefesh."

10) [line 24] DAM HAKAZAH SHEHA'NESHAMAH YOTZ'AH VO - the life-blood that is let during the process of bloodletting. (The Gemara in Kerisus 22a explains which blood is considered the life-blood. It does not mean that the loss of this blood causes the person or animal to die; to the contrary, it is part of the normal process of bloodletting. Rather, this blood is the same type of blood as that which when let uncontrollably, causes the person or animal to die.)

(a) The Gid ha'Nasheh is the sciatic nerve, the large main nerve of the lower extremity, running down the back of the leg. Eating the part of the Gid ha'Nasheh that is located on the rounded part of flesh ("Kaf") that sits on the hipbone is prohibited by the Torah (Bereishis 32:33). Rebbi Yehudah (Pesachim 83b, Chulin 90b) rules that the prohibition only applies to one leg. There is a question whether he says that it "definitely applies" or "most likely applies" to the right leg. According to the other Tana'im, the prohibition applies to both legs (and the Halachah follows this opinion).
(b) This prohibition applies only to wild or domestic four-legged animals but not to birds.
(c) Besides the Gid that is prohibited by the Torah, the Rabanan prohibited certain nearby fats and nerves.
(d) Rebbi Yehudah (Chulin 100b) states that Gid ha'Nasheh was prohibited to the sons of Yakov, who were considered Benei Noach before HaSh-m gave the Torah to Benei Yisrael on Mount Sinai. The Rabanan argue, claiming that the prohibition was only given to Benei Yisrael on Mount Sinai. HaSh-m, however, instructed Moshe to write the verse along with the story of Yakov as an injunction for the future, to reveal the reason for the prohibition. Even Rebbi Yehudah agrees that only Benei Yisrael, and not all Benei Noach, were commanded not to eat the Gid ha'Nasheh, as the verse states, "Al Ken Lo Yochlu *Venei Yisrael* Es Gid Ha'Nasheh..."

12) [line 34] MID'ISNI AVODAS KOCHAVIM B'SINAI - since [the prohibition against] idol worship was taught [in the Ten Commandments that were given] on [Mount] Sinai [in the verses, "Lo Yiheheh Lecha..." (Shemos 20:3-6)]

13) [line 35] V'ASHKECHAN D'ANASH OVDEI KOCHAVIM ILAVAH - and we find that Benei Noach were punished for [transgressing] it [in Devarim 18:12 -- RASHI]

14) [line 39] LEIKA MIDA'AM - there is nothing
15a) [line 41] LAV BENEI KIBUSH NINHU - Benei Noach were not commanded by the Torah to capture any land
b) [line 43] LAV BENEI MECHILAH NINHU - Benei Noach do not forgo a debt, even if it is less than a Shaveh Perutah


16) [line 8] KOL DAVAR SHEB'MINYAN TZARICH MINYAN ACHER L'HATIRO - Any law that was enacted by a group of Sages requires another group of Sages in order to rescind it
(a) When a Jewish Supreme Court enacts a decree or issues an edict or institutes a custom that becomes widespread among Benei Yisrael, it becomes law. Another court cannot rescind those laws or customs unless they are greater than the first court in wisdom and there are more true Torah-sages in the generation. (The term "Minyan" refers to the number of true Torah-sages in the generation, since all courts consist of seventy-one judges.) (RAMBAM Hilchos Mamrim 2:2)
(b) Even if the reason for the original decree or edict no longer exists, the second court cannot undo the laws. There are some who rule that in this case as well the second court must be greater than the first (RAMBAM ibid.). Others rule that if the reason no longer exists, a *greater* court is not necessary (b ibid.).
(c) Some Rishonim rule that even if the decree was issued with a time limit, or was specifically limited to the time that a certain situation (that was the cause of the decree) lasts, still it is necessary for another court to annul it (RASHI to Beitzah 5a, in his original opinion, cited by TOSFOS DH Kol Davar). However, according to most of the Rishonim, these cases do not need another court to overrule them. They automatically expire after the set time or when the situation ceases to exist. Only when a decree was enacted without a time limit and without a reason for the decree, is it necessary for another court to annul it (TOSFOS ibid. and to Beitzah 5b DH Michdei).

17) [line 15] IY BA'IS EIMA MILAH ME'IKARA L'AVRAHAM HU D'KA MIZHAR LEI RACHAMANA - alternately, it is possible to answer that Milah [was not included with Gid ha'Nasheh in those Mitzvos that were commanded to Benei Noach and not repeated at Har Sinai since Milah] originally was commanded [only] to Avraham by HaSh-m (and is not considered one of the Mitzvos that was commanded to Benei Noach, as the Gemara originally assumed. Gid ha'Nasheh does not fall under this description (a) because there is no verse where the Mitzvah is repeated as in the case of Milah; (b) because according to the Rabanan (see above, entry #11:d) the Mitzvah was *only* commanded to Benei Yisrael at Har Sinai.)

18) [line 20] BENEI KETURAH - the descendents of Avraham Avinu through his wife Keturah (Bereishis 25:1-5)

19) [line 20] HA'AMAR REBBI YOSEI BAR AVIN... - (this is the Gemara's answer)

20) [line 21] "... ES BERISI HEFAR." - "[And the uncircumcised male child whose flesh of his foreskin is not circumcised, that soul shall be cut off from his people;] he has broken My covenant." (Bereishis 17:14)

21) [line 21] L'RABOS BENEI KETURAH - (a) to include the *sons* of Keturah [alone, and not their descendents] (RASHI; see MAHARSHA who questions this explanation); (b) to include the sons of Keturah [and their descendents, for all generations. And since they have intermarried with and are presently indistinguishable from the Benei Yishmael, all of them are required to perform Milah on the eighth day. However, they are not killed for transgressing this Mitzvah (RAMBAM Hilchos Melachim 10:7-8)]

22) [line 22] LO HUTAR LO BASAR L'ACHILAH - it was not permitted to him [to kill] meat for food (However, if an animal died of natural causes, he was permitted to eat the meat -- RASHI to Bereishis 1:29 (see SIFSEI CHACHAMIM) and to Sanhedrin 57a DH l'Mishrei)

23) [line 22] "... LACHEM YIHEYEH L'OCHLAH. UL'CHOL CHAYAS HA'ARETZ..." - "[And HaSh-m said, 'Behold, I have given you every vegetable bearing seed, which is upon the face of all the earth, and every tree, on which is the fruit of a tree yielding seed;] to you it shall be for food. And to all the animals of the earth [and to all the birds of the sky, and to all the creeping things in which there is life, every vegetative grass as food,' and it was so.]" (Bereishis 1:29-30)

24) [line 25] MAI TALMUDA? - and what is the teaching [that emerges from this verse that causes us to learn that Ever Min ha'Chai is prohibited while Ever Min ha'Sheretz is not]?

25a) [line 25] MI SHE'DAMO CHALUK MI'BESARO - the being, the blood of which is separate from its flesh [in that they are prohibited by separate Azharos (negative commandments)]
b) [line 26] YATZ'U SHERATZIM SHE'EIN DAMAM CHALUK MI'BESARAM - this excludes Sheratzim (creeping things) the blood of which is not separate from its flesh [in that the prohibition of Sheratzim includes their flesh and their blood -- Kerisus 21b]

26) [line 26] "... U'REDU VI'DEGAS HA'YAM..." - "[And HaSh-m blessed them, and HaSh-m said to them, 'Be fruitful and multiply, and replenish the earth, and subdue it;] and have dominion over the fish of the sea, [and over the birds of the air, and over every living thing that moves upon the earth.']" (Bereishis 1:28)

27) [line 28] HINHIG - one who drives animals (KIL'EI BEHEMAH: MANHIG)
(a) The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Although the term "Kil'ayim" refers to many different types of forbidden mixtures (see Background to Kidushin 39:23a), our Gemara is referring to Charishah b'Shor va'Chamor.
(b) Charishah b'Shor va'Chamor refers to the prohibition of doing any type of Melachah (work) with two different types of animals, as the Torah states "Lo Sacharosh b'Shor uva'Chamor Yachdav" (Devarim 22:10). Doing an act of driving or riding two different types of animals together is included in the definition of Melachah. One who intentionally transgresses this prohibition is liable to Malkos.
1. Some rule that the Torah prohibition applies to doing work with any two types of animals together (see Mishnah Kil'ayim 8:2, and Rishonim). The RAMBAM (ibid., Kil'ayim 9:9), however, rules that the Torah only prohibits doing work with one kosher and one non-kosher animal together, such as an ox and a donkey (Shor v'Chamor). The Rabanan prohibited doing work with any two types of animals, even if they are both kosher or both non-kosher.

28a) [line 28] IZA - goat
b) [line 28] SHIBUTA - a fish called Shibuta, possibly the mullet, or "sea-goat"

29) [line 30] DASH B'AVAZIN V'TARNEGOLIN L'REBBI YOSI B'REBBI YEHUDAH MAI? - What is the Halchah if one threshes with geese and chickens according to Rebbi Yosi b'Rebbi Yehudah [who requires that the "worker" must use both his hands and feet]? (PO'EL B'CHEREM / CHASIMAS SHOR B'DISHO)
(a) PO'EL B'CHEREM - The Torah grants workers and beasts of burden the right to eat the produce with which they are working in certain situations (Devarim 23:25-26, 25:4). First, the produce must be a product of the earth.
(b) Next, if the produce is attached to the ground, it must be in the final stages of preparation, i.e. when it is being picked. If it is already cut from the ground, it must not have reached the final stage of preparation for which it is normally grown, which is the time when Ma'aser (see Background to Bava Metzia 52:3 and to Bava Metzia 87:49) or Chalah (see Background to Bava Metzia 87:36) must be taken.
(c) LAV D'CHASIMAH - If someone muzzles a bull when it is threshing grain, he violates the commandment of "Lo Sachsom Shor b'Disho" (Devarim 25:4). This negative commandment applies to all animals that work, subject to the stipulations above (a-b).
(d) According to Rebbi Yosi b'Rebbi Yehudah (Bava Metzia 91b), a worker must use both his hands and feet during his work in order to gain the right to eat, a fact that he learns from the Torah example of a bull in the Lav of Chasimah. Rabah bar Rav Huna asks (ibid.) whether a person who uses geese and chickens to thresh his grain may prevent them from eating. Does Rebbi Yosi b'Rebbi Yehudah compare the worker to a bull in the respect that a bull uses its hands (forelegs) and feet (hind legs) during its work (in which case geese and chickens, who have no "hands," may be muzzled) or does he compare the worker to a bull in the respect that a bull uses all of its power during its work (in which case the geese and chickens may not be muzzled)? The Gemara (ibid.) does not resolve the question. Our Gemara learns from the question that there is a possibility of working with fowl.

30) [line 32] CHAVAL AL SHAMASH GADOL SHE'AVAD MIN HA'OLAM! - Woe for the remarkable servant that the world lost!

31) [line 33] ECHAD MESHAGRO LA'TZAFON - one [snake] he (his master) would send to the north

32a) [line 34] (SANDALVONIM) [SANDALCHONIM] TOVIM - precious sardonyx gems
b) [line 34] AVANIM TOVIM - [other] precious gems
c) [line 34] MARGALIYOS - pearls

33) [line 35] MAFSHILIN RETZU'AH TACHAS ZENAVO - one would fasten the strap [of a pail or box] under its tail

34) [line 35] MOTZI VAH AFAR L'GINASO UL'CHURVASO - and he (the snake) would collect [in the pail or box] dirt for his (the master's) garden and his destroyed building (in which the roof has collapsed, leaving an open area usually used for planting) [for use in the Ginah and Churvah, such as to cover up Tzo'ah (excrement)]

35) [line 36] MEISEV - reclining (as on a dining couch)
36) [line 37] MESANENIN - strain
37) [line 37] HETZITZ - he peeked in

38) [line 39] HAVAH KA'AZIL B'ORCHA - was walking on the road
39a) [line 39] PAG'U VO HANACH ARYEVASA - he came face to face with lions
b) [line 39] D'HAVU KA NAHAMEI L'APEI - that were roaring in his face [and were about to eat him out of hunger]

40) [line 40] "HA'KEFIRIM SHO'AGIM LA'TAREF..." - "The young lions roar for their prey, [and seek their food from HaSh-m.]" (Tehilim 104:21)

41) [line 40] NECHISU LEI TARTEI ATMASA - there came down [from the sky] two flank [of meat]

42a) [line 40] CHADA ACHLUHA - they ate one
b) [line 41] V'CHADA SHAVKUHA - and they left [the other] one

43) [line 43] YAROD NALA! - You silly Yarod-bird! (The Yarod is a bird of solitary habits, mentioned in connection with the ostrich (Tosefta Kil'ayim 5:8). RASHI states that this bird appears to be crying or mourning, a hint to Rebbi Zeira's customs of self-affliction and fasting -- see TESHUVOS CHAVOS YA'IR #152, cited by the GILYON HA'SHAS to Rashi)

44) [line 43] HA'AMREI LEI, "EIN DAVAR TAMEI YORED MIN HA'SHAMAYIM" - they already told him, "Nothing non-Kosher falls from the sky."

45) [last line] AF AL HA'KISHUF - [a Ben Noach is] also commanded [not to engage] in witchcraft (as described in the Mishnah and Gemara, Sanhedrin 67a)

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