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Sanhedrin 88

SANHEDRIN 88 (3 Teves) - dedicated l'Iluy Nishmas Rebbetzin Sarah Gustman (wife of Hagaon Rav Yisroel Zev Gustman and daughter of Hagaon Rav Meir Bassin of Vilna) on the day of her Yahrzeit, by two of Rav Gustman's Talmidim, Rav Hillel Ruvel and Rav Avraham Feldman.

The numbers that appear next to certain entries represent the number assigned to those items in the diagram of the Beis ha'Mikdash of the Tiferes Yisrael (e.g. TY #43). This diagram, which will be included in a separate mailing and can be found on our site, is printed both in the Tiferes Yisrael Mishnayos (in Midos Chapter 2 or following Midos) and in Rav P. Kahati's Mishnayos (page 290, at the beginning of Midos).

If the marks of Tzara'as on a garment spread to the entire cloth, the cloth is Tahor. Rebbi Nasan ben Avtulmus learns this from the Tzara'as of a person, where the Torah states that if the marks of Tzara'as spread over his entire body, he becomes Tahor, as stated in the verse, "Kulo Hafach Lavan Tahor Hu" (Vayikra 13:13).

2a) [line 1] NE'EMRAH KARACHAS V'GABACHAS B'ADAM - the Torah uses the words "Karachas" and "Gabachas" with regard to the Tzara'as of a person, in the verse, "v'Chi Yiheyeh va'Karachas O va'Gabachas, Nega Lavan Adamdam; Tzara'as Porachas Hi b'Karachto O v'Gabachto." - "However, if he has a bright pink mark on his bald spot or where his hairline has receded, it may be a sign of the Tzara'as plague on his bald spot or hairless forehead." (Vayikra 13:42)
b) [line 2] NE'EMRAH KARACHAS V'GABACHAS BI'VEGADIM - the Torah uses the words "Karachas" and "Gabachas" with regard to the Tzara'as of clothing, in the verse, "Pecheses Hi, b'Karachto O v'Gabachto." - "It is a penetrating mark on the smooth or fluffy side [of the cloth]"; alt., "on his new or worn cloth." (Vayikra 13:55)

A person whose mark of Tzara'as (see Background to Sanhedrin 87:7a) spreads over his entire body becomes Tahor as the verse states, "Kulo Hafach Lavan Tahor Hu" (Vayikra 13:13).

4) [line 6] HA'MA'ARICH PACHOS MI'BEN CHODESH - one who pledges to give to the Beis ha'Mikdash the endowment value of an infant under one month old (ARACHIN)
(a) See Background to Sanhedrin 87:8b.
(b) Since the Torah does not specify an Erech (endowment value) for an infant under one month old, Rebbi Meir rules that the one who pledged the Erech meant to donate to Hekdesh the monetary value (on the slave market) of the infant.

5) [line 7] NOSEN DAMAV - he must give his value (the value of the infant; even though the Torah gives no value for an infant under 30 days old, the person who made the pledge must give the amount for which such an infant would be sold on the slave market)

See Background to Sanhedrin 87:8a.

(a) Even though Stam Charamim are given to the Kohanim according to the Rabanan, they are called "Kodesh Kodashim la'Sh-m" because they take effect on Kodshei Kodashim and Kodshim Kalim (see Background to Bava Kama 76:3a).
(b) The Mishnah states (Erchin 28b) that a person can be Machrim a Korban that is a Neder (where he declared, "I obligate myself to bring a certain Korban"), designating it as Chermei Kohanim or Chermei Gavo'ah. He pays the monetary value of the Korban to the Kohanim or Hekdesh, whether it is Kodshei Kodashim or Kodshim Kalim. If he does not designate it at all (Stam Charamim), according to the Rabanan he gives its monetary value to the Kohanim. According to Rebbi Yehudah ben Beseirah, he gives the money to Hekdesh.
(c) If he is Machrim a Korban that is a Nedavah (where he declared, "I obligate myself to bring *this* animal as a certain Korban"), he pays Tovas Hana'ah to the Kohanim or to Hekdesh. (Tovas Hana'ah is the trivial benefit (in terms of pleasure or compensation) that a person receives in return for giving away an object or goods to which he has only very limited rights, such as the Korban.)

8a) [line 17] TZINORA SHEL HEKDESH - a small fork-like instrument used for weaving threads of gold (RASHI)
b) [line 18] TZERICHAH ASARAH BENEI ADAM LI'FEDOSAH - it needs ten men [to assess its value in order] to redeem it from Hekdesh

See Background to Sanhedrin 87:9.

10a) [line 21] MEKANEI AL PI SHNAYIM - he must warn [his wife not to seclude herself with a particular man] in the presence of two [witnesses]
b) [line 21] U'MASHKEH AL PI ED ECHAD O AL PI ATZMO - and he causes her to drink the Mei Sotah even if only one witness saw, or even if he (the husband) himself saw, that she secluded herself with the man to whom her husband's Kinuy was directed

11) [line 23] ME'AYIN HAYU MODEDIN? - From where would they measure [when determining the city that is closest to the corpse]?

12a) [line 24] TIBURO - his navel
b) [line 24] CHOTMO - his nose

13) [line 24] MI'MAKOM SHE'NA'ASEH CHALAL, MI'TZAVORO - from the place at which he became a corpse (i.e. he was killed), from his neck

14a) [line 26] BOHEN YAD - the thumb of the hand
b) [line 26] BOHEN REGEL - the big toe of the foot
c) [line 26] OZEN YEMANIS - the right ear

15) [line 27] NOSEN AL MEKOMO V'YOTZEI - he places it on its place (i.e. where the thumb would have been had he had a thumb) and he fulfills the obligation

16) [line 28] SHIBOLIN - ears (of individual grain stalks)
17) [line 29] OMARIN - sheaves (of bundled grain)
18) [line 29] V'AL KULAN - and with regard to all of them (both Leket and Shichechah)

19) [line 31] KAMAH - standing grain
20) [line 32] KRI - a heap of threshed grain kernels
21) [line 32] MEIRCHO - he smoothed out the heap of grain

22) [line 32] MEIRCHO, ME'ASER V'NOSEN LO - if he smoothed out the heap, then the owner must first separate Ma'aser from the produce and then give it to the poor person (TERUMAH / MA'ASER RISHON / MA'ASER SHENI / MA'ASER ANI)
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah 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. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and 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.
(b) The produce may not be eaten until both Terumos have been removed, and it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim.
(c) 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.
(d) 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.
(e) 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 that is bought with this 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 additional fifth.
(f) The gifts that a person gives from his produce to the poor (such as Pe'ah, Leket, and Shichechah) are exempt from Ma'aser. However, if a person processed the produce and brought it into his home (such as in the case of Pe'ah) and the obligation to separate Ma'aser took effect, he must first separate Ma'aser on its behalf and then give it to the poor person, so that the poor person does not lose out.

23) [line 33] MAFRISH MIN HA'ISAH - he may even separate [Terumos and Ma'aseros] from the dough

24) [line 33] MI'PI HA'SHEMU'AH - [I received this ruling] from the tradition

25) [line 34] KACH HU B'EINAI - so it appears in my eyes

26) [line 37] AKAVYA BEN MAHALALEL - a Tana who lived at the time of the Tana'im of the fifth generation of the "Zugos," just before the destruction of the Second Temple

27) [last line] SACH LI - told me
28) [last line] BA'AL SHE'MACHAL AL KINUYO, KINUYO MACHUL - a husband who forgoes his Kinuy ([his warning brought about by] jealousy), the Kinuy is annulled. When a husband warns his wife not to seclude herself with a particular man in front of two witnesses, he starts the Sotah process (see Background to Sanhedrin 87:9). He has the option of stopping the process by forgoing his Kinuy.


29a) [line 21] MI'TAMID SHEL SHACHAR -from [the time of] the morning Korban Tamid (KORBAN TAMID)
The Korban Tamid, a communal offering (Korban Tzibur) consists of two male sheep that were less than one year old. One sheep was offered at dawn and the second sheep was offered in the afternoon, 2 1/2 Halachic hours before sunset. One tenth of an Eifah (approx. two quarts) of flour was brought with each sheep as a Minchah (meal offering), which was mixed with one quarter of a Hin (approx. one quart) of hand pressed olive oil. One quarter of a Hin of wine for each sheep was brought as a wine libation (Bamidbar 28:5).

b) [line 21] AD TAMID SHEL BEIN HA'ARBAYIM - until [the time of] the afternoon Korban Tamid (see previous entry). The Tamid Shel Bein ha'Arbayim could be offered from one half hour after Halachic noon until sunset, but its ideal time was 2 1/2 hours before sunset

30a) [line 23] YOSHVIN BA'CHEIL - they would sit in the Cheil (see next entry) (probably in a chamber built especially for the purpose -- YA'AVETZ)

b) [line 23] CHEIL
(a) The Cheil (TY #8) is the area that extended for ten Amos from the Soreg (see below, (b)) until the Azaros (the courtyards of the Beis ha'Mikdash compound). Twelve steps covered by an awning extended for the entire length of the Cheil and were used for seating. (According to the Rambam (Hilchos Beis ha'Bechirah 5:3), the Cheil refers to the retaining wall that surrounded the Azaros, part of which can be seen today.)
(b) The Soreg (TY #7) is a low wooden fence surrounding the Beis ha'Mikdash compound (including the Ezras Nashim TY #10), ten Amos away from its wall. It was ten Tefachim high, and consisted of woven wooden slats laid crosswise, similar to room dividers. Only Jews who were Tahor from Tum'as Mes could go beyond this point.

31) [line 24] OMDIN L'MINYAN - they stand up to be counted (i.e. they investigate the matter and issue a ruling)

32) [line 28] MI'SHAM KOSVIN V'SHOLCHIN B'CHOL HA'MEKOMOS - from there they would write and send out [directives] to all the places [in Eretz Yisrael] (This phrase relates back to the opening words of Rebbi Yosi and refers to the Beis Din of the Lishkas ha'Gazis, who were responsible for judicial appointments)

33a) [line 29] CHACHAM - wise
b) [line 29] SHEFAL BERECH - (lit. low of knee) humble
c) [line 30] DA'AS HA'BERIYOS NOCHAH HEIMENU - in whom the minds of people find pleasure

34) [line 31] MI'SHAM MA'ALIN OSO L'HAR HA'BAYIS - from there (the Sanhedrin of his city) they promote him to [the Sanhedri Ketanah that sits on] the Temple mount (when a member of that Beis Din either is promoted to the Sanhedri Ketanah at the entrance to the Azarah or dies)

35) [line 32] SHALCHU MI'TAM - the Chachamim sent [a teaching] from there (from Eretz Yisrael to Bavel)

36) [line 33] ANVESAN - a modest person
37a) [line 33] SHAYIF AYIL - he bends down when he enters (as a sign of humility)
b) [line 34] SHAYIF V'NAFIK - he bends down when he exits

38) [line 34] GARIS B'ORAISA TADIR - he studies the Torah constantly (committing it to memory)

39) [line 34] LO MACHAZIK TEIVUSA L'NAFSHEI - he does not take any credit for himself

Chelev refers to the fat of an animal that is offered on the Mizbe'ach. It consists of the layer of fat covering the stomachs, all the other fat attached to the stomachs, and the fat on the kidneys along the flanks (Vayikra 3:4). The verse states, "Chukas Olam l'Doroseichem b'Chol Moshevoseichem, Kol Chelev v'Chol Dam Lo Socheilu." - "It shall be an everlasting statute for your generations throughout all your settlements, that you eat neither [forbidden] fat nor blood." (Vayikra 3:17).
(b) It is forbidden to eat the Chelev of a Kosher Behemah (farm animal), but it may be used for any other purpose. The Chelev of a Chayah (a Kosher non-farm animal), however, may even be eaten. "Shuman" refers to all the other fat of an animal that is permitted.
(c) If a person eats a k'Zayis of Chelev b'Mezid (intentionally) after Hasra'ah (being forewarned), he is punished with Malkus (lashes). If he was not given Hasra'ah, he is Chayav Kares. If he sinned b'Shogeg (unintentionally) he must bring a Korban Chatas (as with all sins for which one is liable to Kares b'Mezid). If a person is in doubt whether the fat he ate was Chelev or Shuman, he must bring a Korban Asham Taluy (see Background to Bava Kama 110:23:4).

41) [line 39] DAM (ISUR ACHILAS DAM)
(a) It is forbidden to ingest the blood of animals and birds, whether they are Kosher or non-Kosher. The verse states, "v'Chol Dam Lo Sochelu b'Chol Moshevoseichem, la'Of vela'Behemah." - "You shall eat no kind of blood, whether it is of bird or of beast, in any of your settlements." (Vayikra 7:26). Because of this prohibition, slaughtered animals must be salted or roasted over a fire to remove their blood before they can be cooked and eaten.
(b) The blood of fish, locusts, Sheratzim (rodents or lizards), insects or small crawling creatures, and humans is not included in the prohibition of Dam. However, the blood of non-Kosher fish and locusts is prohibited because it is a secretion of a non-Kosher creature. The blood of Sheratzim is also prohibited because it is considered like their flesh. Human blood that has become separated from the body is prohibited mid'Rabanan (Kerisus 22a).
(c) Blood of an animal may be eaten if it is still inside the raw flesh of the animal as it was when the animal died or was slaughtered. Only when the blood has been removed from its original location after the animal's death, for example, by being cooked or boiled, does the blood become prohibited (TOSFOS to Chulin 14a DH v'Nasvin).
(d) If a person ingests a k'Zayis of blood b'Mezid (intentionally) after Hasra'ah (being forewarned), he is punished with Malkus (lashes). If he was not given Hasra'ah, he is Chayav Kares. If he sinned b'Shogeg (unintentionally) he must bring a Korban Chatas (as with all sins for which one is liable to Kares b'Mezid). If the blood did not pour from the animal's major arteries but rather was inside the animal's limbs when it died (Dam Evarim), the punishment of Kares does not apply. If it dripped from a major artery after the main flow subsided (Dam ha'Tamtzis), the Tana'im argue whether the punishment of Kares applies (Kerisus 20b).

42) [line 42] IY AMAR TA'AMA - if he says a reason [for his Halachic ruling that could be used to acquit him]

43) [line 44] DIVREI SOFRIM - the words of the Sofrim, Torah sages of the early Tanaic period. It refers to laws that are not explicitly stated in the Torah that have been transmitted orally by the Sofrim.

44) [line 44] KEDEI LA'AVOR AL DIVREI TORAH - in order to transgress the words of the Torah [as interpreted by the Sofrim, who passed down the Halachic tradition with regard to the Mitzvah of Tefilin]

45) [line 45] CHAMESH TOTAFOS - five compartments (that contain the parchments of the Tefilin Shel Rosh, the Tefilin worn on the head, which in actuality requires four compartments]

46) [line 47] V'IM HOSIF, GORE'A - and if he adds on [an extra compartment to an existing, Kosher Tefilikn Shel Rosh], he actually detracts (by invalidating the Tefilin Shel Rosh)

47) [line 48] PEIRUSHO MI'DIVREI SOFRIM - the interpretation of the Torah verses has been passed down by the Sofrim [since the Torah does not specify all of the details of the Mitzvah of Lulav, e.g. the exact identification of the four species]

48) [line 49] V'IM HOSIF, GORE'A - and if he adds on [another species of vegetation to an existing, Kosher Lulav], he actually detracts (by invalidating the Lulav, one would think)

(a) There is a Mitzvah to take four species on Sukos, as it states in the Torah (Vayikra 23:40). Chazal explained that the four species are the Pri Etz Hadar (Esrog, citron), Kapos Temarim (Lulav, closed palm branch), Anaf Etz Avos (three Hadasim, myrtle branches) and Arvei Nachal (two Aravos, willow branches).
(b) There is an argument among the Tana'im as to whether three of the species (the Lulav, Hadasim and Aravos) must be tied together in an Eged (a bunch) in order to fulfill the Mitzvah. Those who rule that Lulav Tzarich Eged, learn this Halachah through a Gezeirah Shavah between the verse of the four species and the verse of the Agudas Ezov (see Background to Sukah 33:10), using the word "u'Lekachtem" as the linking word. All opinions agree that l'Chatchilah the three species should be tied, since they look nicer that way (Sukah 11b).

50) [line 50] HAI LECHUDEI KAI V'HAI LECHUDEI KAI - this (the Kosher Lulav) stands by itself and this (the invalid species) stands by itself [and the requirement of "v'Im Hosif, Gore'a" (see above, enry #48) is not fulfilled, and he cannot be convicted of being a Zaken Mamrei]

51) [line 51] GARU'A V'OMED HU - it stands in its invalid status (since the Lulav was tied together with an addition, invalid species)

(a) There is a Mitzvah to wear Tzitzis (fringes) on four-cornered garments, as Chazal interpret the verse of the Torah (Devarim 22:12). Beis Shamai and Beis Hillel argue (Menachos 41b) whether one must double over three strings through each hole of the garment (Beis Hillel), or whether one must double over four strings (Beis Shamai).
(b) The fringes consist of five knots each, with spaces in between each knot in which one of the strings is wrapped around the others. There is an argument in the Gemara (Menachos 39a) as to whether the uppermost knot is mid'Oraisa (that is, a Halachah l'Moshe mi'Sinai) or not.

53a) [line 51] PEIRUSHO MI'DIVREI SOFRIM - the interpretation of the Torah verses has been passed down by the Sofrim [since the Torah does not specify all of the details of the Mitzvah of Tzitzis, e.g. the number of strings required]
b) [line 52] V'YESH BO L'HOSIF - and there is a possibility of adding [an additional string, that would invalidate the Mitzvah of Tzitzis from the garment]

54) [last line] KESHER HA'ELYON - the uppermost knot, closest to the garment

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