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Shevuos 4

1) [line 1] SHEVU'AS BITUY
See Background to Shevuos 2:1.

2) [line 12] KOTZETZ BAHARTO - one who cuts off his Baheres
(a) See Background to Shevuos 2:4.
(b) It is prohibited to cut off the marks of Tzara'as as the Torah states, "Hishamer b'Nega ha'Tzara'as Lishmor Me'od v'La'asos, k'Chol Asher Yoru Eschem ha'Kohanim ha'Leviyim Ka'asher Tzivisim, Tishmeru La'asos." - "Take heed of the plague of Tzara'as, that you observe diligently, and do according to all that the Kohanim the Leviyim shall teach you; as I commanded them, so you shall take care to do." (Devarim 24:8)

3) [line 14] KOL MAKOM SHE'NE'EMAR "HISHAMER," "PEN" V'"AL" EINO ELA LO SA'ASEH - every verse that contains one of the words, "Hishamer," "Pen" or "Al" is a negative commandment (as in the verse prohibiting one to cut off his Baheres -- see previous entry)

(a) A person is punished with 39 lashes (Malkus) when he transgresses negative commandments of the Torah, with certain exceptions.
(b) One category of negative commandments for which one is *not* given Malkus is "Lav she'Nitan l'Azharas Misas Beis Din" - "a negative commandment that was given as a warning for capital punishment". The Torah only prescribes capital punishment after writing a specific prohibition not to do a certain act. In such cases, the negative commandment is only written as a prerequisite for administering capital punishment, and not to give the offender Malkus. Therefore, when a person does a capital offense and is warned that he will incur Malkus, he is neither executed nor given Malkus.
(c) Rebbi Yishmael rules that one *is* liable to Malkus if he transgresses a Lav she'Nitan l'Azharas Misas Beis Din, if the witnesses warned him that he will receive Malkus for his sin.

5) [line 20] HA LAV HACHI, KAIMA K'REBBI AKIVA?! KASHYA YEDI'OS! - If it were not so (that Rebbi Yishmael rules that one is liable to Malkus if he transgresses a Lav she'Nitan l'Azharas Misas Beis Din), we would establish the Mishnah according to the opinion of Rebbi Akiva?! The case of Yedi'os [ha'Tum'ah] is difficult (since Rebbi Akiva rules that one is only liable for He'elem Tum'ah, not for He'elem Kodesh and Mikdash)!

6) [line 22] IY HACHI, YEDI'OS?! HASRA'OS MIBA'I LEI! - If so, [why does the Mishnah use the wording of] "Yedi'os?!" It would be more correct to use the wording of "Hasra'os!" ("Hasra'os" is more indicative of an intentional transgression for which one would receive Malkus, while "Yedi'os" implies that there was a He'elem (a period of forgetfulness) and as such, the sin was unintentional.)

7) [line 23] HA LO KASHYA - [If that is the only question,] that is not difficult [to answer]

8) [line 24] TANI YEDI'OS D'HASRA'OS - read the Mishnah as "Yedi'os of Hasra'aos" (implying that the Mishnah is referring to cases of intentional transgression for which one would receive Malkus)

9) [line 29] V'NASIV LAH ALIBA D'TANA'EI - he quoted it according to the opinions of [two] Tana'im

10a) [line 29] BI'YEDI'OS NASIV LAH K'REBBI YISHMAEL - with regard to Yedi'os [ha'Tum'ah] he quoted it according to the opinion of Rebbi Yishmael
b) [line 30] BI'SHEVU'OS NASIV LAH K'REBBI AKIVA - with regard to Shevu'os he quoted it according to the opinion of Rebbi Akiva

11) [line 33] TA'AMEI D'NAFSHEI MEFARESH - he expresses his own source

12a) [line 36] "[O NEFESH ASHER TIGA B'CHOL DAVAR TAMEI, O V'NIVLAS CHAYAH TEME'AH O B'NIVLAS BEHEMAH TEME'AH O B'NIVLAS SHERETZ TAMEI;] V'NE'ELAM [MIMENU V'HU TAMEI, V'ASHEM.]" - "[Or if a person touches anything that is Tamei, whether it is a carcass of a non-Kosher Chayah (a non-farm animal), or a carcass of a Behemah (a farm animal), or the carcass of creeping things that are Teme'im,] and if it is hidden [from him, and he is Tamei, and guilty [of eating Kodshim].]" (Vayikra 5:2) - Rebbi Akiva is of the opinion that this verse only refers to a person who eats Kodshim while he is Tamei. It does not refer to a person who enters the Azarah of the Beis ha'Mikdash while he is Tamei (RASHI).
b) [line 36] "[O CHI YIGA B'TUM'AS ADAM, L'CHOL TUM'ASO ASHER YITMA BAH;] V'NE'ELAM [MIMENU V'HU YADA, V'ASHEM.]" - "[Or if he touches a source of Tum'ah of people, whatever Tum'ah it is with which a person becomes Tamei,] and it is hidden [from him, and [subsequently] he knows of it, and he is guilty [of eating Kodshim].]" (Vayikra 5:3) - Rebbi Akiva learns from this verse that in order for a person to bring a Korban Oleh v'Yored for eating Kodshim while he is Tamei, he must have had prior knowledge of his Tum'ah before he forgot about it and ate the Kodshim (RASHI).


(a) In order to extract the Halachah from the verses of the Torah, many Tana'im interpret the verses on the basis of Kelalim (generalizations) and Peratim (specifications). Others interpret the verses on the basis of Ribuyim (inclusions, i.e. qualifications that enlarge the scope of the law) and Mi'utim (exclusions).
(b) According to the approach that learns Kelalei u'Fratei, when a Kelal is followed by a Perat, which is followed in turn by another Kelal, then everything belonging to the general category that is similar to the Perat is included. Anything that is not in the *general category* of the limiting Perat is not included. According to the approach that learns Ribuyei u'Mi'utei, the outcome mentioned previously (for Kelal u'Frat u'Chlal) is already achieved when a Ribuy is followed only by a Mi'ut. When a Ribuy is followed by a Mi'ut and the Mi'ut is followed in turn by another Ribuy, then everything is included except for *one item* that is totally dissimilar to the limiting Mi'ut. (This means that the verse will include *more* instances than the first opinion assumed.)

14) [line 14] "U'FDUYAV MI'BEN CHODESH TIFDEH, B'ERKECHA KESEF CHAMESHES SHEKALIM" - "And those who are to be redeemed, from a month old shall you redeem, according to your estimation, for five silver Shekalim" (Bamidbar 18:16)

15a) [line 21] DAVAR HA'MITALTEL - a moveable item
b) [line 22] GUFO MAMON - the item itself has monetary value

16) [line 24] YATZ'U AVADIM SHE'HUKSHU L'KARKA'OS - slaves are excluded since they are compared to land (in Vayikra 25:46)

17a) [line 27] "[V'LAKACHTA ES HA']MARTZE'A [V'NASATAH V'OZNO UVA'DELES V'HAYAH LECHA EVED OLAM]" - "[And you shall take the] awl [and you shall place it in his ear and in the door, and he shall be for you an everlasting slave]" (Devarim 15:17)

b) [line 27] MARTZE'A (EVED IVRI - the Jewish slave)
(a) There are two ways that a Jewish man can be bought as a slave by another Jew. Either he may sell himself because he is destitute, or he may be sold by Beis Din to pay back a theft. During his term as a slave, his master must support his family (Kidushin 22b). The master may not make his Eved Ivri do disgraceful work for him, nor may he treat him as one normally treats a slave. For example, if the master only has one pillow, he must give it to his Eved Ivri rather than keep it for himself (Kidushin 20a).
(b) If the slave was married before he was sold, the master has the right to give him a Nochri maidservant to bear him children who will become the slaves of the master (Shemos 21:4). (One who is not an Eved Ivri is forbidden to have relations with a maidservant.)
(c) An Eved Ivri is obligated to work for his master for only six years (Shemos 21:2) or until the Yovel year (see Background to Bava Basra 112:6), whichever comes first (Kidushin 14b, 16a). At any time during his term, he may go free if he or someone else pays his master the money remaining from the sum that the master paid for him, prorated to the amount of time that he worked. If at the termination of six years he expresses his desire to continue life as a slave, the master takes the slave to Beis Din, and stands the slave near a doorpost and pierces his right ear and the door with an awl. This is known as Retzi'ah, and an Eved Ivri upon whom this is performed is called a "Nirtza." A Nirtza slave must continue to serve his master until the Yovel year (ibid. 21:6) or until his master dies. Whenever an Eved Ivri goes free, under most circumstances his master must give him monetary gifts valued at 15, 30 or 50 Sela'im, according to the various opinions (Kidushin 17a). This is known as Ha'anakah (Devarim 15:14).

18a) [line 27] MARTZE'A - an awl
b) [line 28] SOL - (O.F. broche) a piece of pointed wood
c) [line 28] SIRAH - a thorn
d) [line 28] MACHAT - a needle
e) [line 29] MAKDE'ACH - an auger, a tool for making holes in wood, consisting of a crosswise handle fitted to a straight metal rod having a screw point
f) [line 29] MECHATEV - a metal stylus
19) [line 29] V'LAKACHTA ... - see above, entry #17a
20) [line 31] MATECHES - metal

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