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Shabbos 46

***************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 46a [last line]
The words "Leika Toras Keli Aleha"
should be "Leika Toras Keli Aleihen"
This is the Girsa in the earlier printings of the Shas

1) [line 1] LINTOSAH - to spread out [the canopy.] Since the uppermost part of the canopy is not a Tefach wide, it does not violate the prohibition of pitching a tent, which falls under the Melachah of Boneh (building)

2) [line 1] L'FARKAH - to take it apart
3) [line 2] CHULYOS - segments
4) [line 4] CHIDKEI - (O.F. crens) notches

5) [line 17] HORAH BI'MENORAH K'REBBI SHIMON B'NER - [Rebbi] ruled in the case of a candelabrum like Rebbi Shimon in the case of a lamp. The Gemara ponders whether (a) Rebbi ruled that a candelabrum is not Muktzah *like* Rebbi Shimon ruled with regard to a lamp, or (b) Rebbi ruled that a candelabrum is Muktzah *and* that the Halachah with regard to a lamp follows Rebbi Shimon's ruling, that it is not Muktzah

6) [line 31] SHERAGA D'MISHCHA - an oil lamp (which has gone out)
7) [line 31] NAFTA - naphtha. Naphtha is any of several volatile mixtures of hydrocarbons obtained by distilling coal, tar, or petroleum and used as fuels

8) [line 33] BEI KAR'EI - his shoe[s]
9) [line 34] TINA - mud
10) [line 34] ASIVEI A'PURYA - Rav Ivya put them on the bed
11) [line 34] BA'A LI'TZUREI - [Rava] wanted to irritate [Rav Ivya] (by asking him difficult questions)


12) [line 1] SHEIRIM - bracelets
13) [line 1] NEZAMIM - nose rings or earrings (Ibn Ezra to Bereishis 24:22)
14) [line 5] D'LO KESIFEI RAVA L'RAV IVYA - that Rava did not embarrass Rav Ivya

15) [line 9] MUMO
(a) The firstborn male offspring of cattle, sheep and goats is called the Bechor. It is one of the gifts given to the Kohanim, as it states in Bamidbar 18:15,17. If a Bechor has no Mum (defect, as specified in Vayikra 22:17-25,) the Kohen to whom it was given must bring it as a Korban during its first year. After its fat and blood are offered on the Mizbe'ach, it is to be eaten in Yerushalayim during the following two days and the intervening night by Kohanim together with their families and servants.

(b) If the Bechor has a Mum, it cannot be offered as a Korban. It must be slaughtered and eaten during its first year. If it develops a Mum after the year (in the case where the Kohen was negligent and did not offer it as a Korban in its first year,) it must be slaughtered and eaten within thirty days. The Kohen can give it away or sell it, even to someone who is not a Kohen. However, it may not be sold in the marketplace or weighed in the usual manner.

(c) If the Kohen suspects that his Bechor has a Mum, he must take it to a Chacham (an authority on Mumim) to check whether the Mum is permanent. If it is, the Chacham rules that the animal no longer needs to be brought as a Korban. A Kohen who is a Chacham may not rule with regard to his own animals.

(d) Now that there is no Beis ha'Mikdash, a Kohen must care for a Bechor without a Mum until it develops one. Alternatively, he can sell it, even if it has no Mum, to someone who is not a Kohen, who may eat it after it develops a Mum. It may not be bought, however, in order to resell for a profit. (Sefer ha'Chinuch #393, #445)

*16*) [line 16] MI YEIMAR D'MIZDAKEK LEI CHACHAM - who is to say that he will find a Chacham [on Yom Tov who will rule with regard to the Mum on his animal]? (Furthermore, Rebbi Shimon rules that it is *prohibited* for a Chacham to check Mumim on Yom Tov - TOSFOS.)

17) [line 17] MEFIRIN NEDARIM
(a) A man has the right to annul the vows of his wife and his daughter under certain circumstances, as the Torah states in Bamidbar 30:6,9,13,14. He accomplishes this if on the day that he hears the vow he states "Mufar Lach" ("it is annulled.") As long as his daughter is not married, he may annul her vows until she becomes a Bogeres (age 12 and up). If the father married her off when she was a minor, the father *and* the husband must annul the vows for them to be considered annulled.

(b) If they made a vow that pertains to Shabbos (e.g. not to eat on Shabbos,) he may even annul it on Shabbos.

When a person makes a Neder or Nezirus, he may have it revoked by a Beis Din of three (who are not authorities on vows) or a Yachid Mumcheh (an authority on vows.) The general method used is to show the Noder (the one who made the Neder) that had he been aware of a particular fact, he would not have made the Neder in the first place.

19a) [line 5] CHACHAM - an authority on vows who has the power to cancel a vow
b) [line 25] HEDYOTOS - people who are not authorities on vows. Even so, three of them form a Beis Din and may cancel a vow.

*20*) [line 25] LO KAVSA LO, MAI TAIMA - That is, even though we have established that it is prohibited to take out oil from a burning lamp since the oil is Muktzah Machmas Mitzvah (above, Daf 45a), nevertheless this does not prohibit moving the lamp, according to Rebbi Shimon. Moving the lamp does not diminish the Mitzvah (TOSFOS 45a DH Ela.) See Insights, and Chart #8 footnote 2.

21) [line 25] BAHADEI D'NAKIT LAH - while he is holding it

(a) An act which is done for a certain purpose (which will be accomplished without transgressing a Melachah), but which may result in a Melachah being inadvertently performed, it is called a Davar she'Eino Miskavein. The example brought in our Gemara is dragging a bench or chair on soft ground, where a furrow may possibly be created while dragging. (Digging a furrow is included in the Melachah of Choresh, plowing). Rebbi Yehudah prohibits performing such an action, since it may result in a Melachah. Rebbi Shimon disagrees, claiming that even though a Melachah may result from this action, since the Melachah will come about without intent, the action is permitted. Rebbi Shimon therefore permits a person to drag a bench across a dirt floor as long as he does not intend to make a furrow. Similarly, Rebbi Shimon permits a person to move a lamp as long as he does not intend to extinguish it

(b) Rebbi Shimon and Rebbi Yehudah disagree only if it is not clear that a furrow will be created (i.e., a Melachah will be done). If it is inevitable for a furrow to be created, the act is prohibited even according to Rebbi Shimon -- even though the person dragging the bench is not the least bit interested in the furrow, and does not intend to create it. Such a situation, in which a Melachah will inevitably be accomplished, is referred to as "Pesik Reisha v'Lo Yamus."

(c) A person must have specific *intent* to do a Melachah on Shabbos in order to be liable for punishment or to be required to bring a Korban. Therefore, if a person drags a bench and a furrow *does* result, even Rebbi Yehudah will agree that the person who dragged it is not obligated to bring a Korban, since the furrow was created accidentally. Rebbi Yehudah and Rebbi Shimon argue only as to whether it is permitted *in the first place* to perform an action that may result in a Melachah.

23) [line 27] CHARITZ - furrow, groove
24) [line 31] HA'TZENU'IN - the scrupulous, who stay away from any hint of sin
25) [line 31] MAFHSILIN B'MAKEL LA'ACHOREIHEN - tie the garments to a stick and put them over their shoulders

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