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Yoma 74

YOMA 59-88 have been dedicated to the memory of the late Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens N.Y. by his wife and daughters. Well known in the community for his Chesed and Tzedakah, he will long be remembered.

1) [line 4] SHEVU'AS HA'EDUS
(a) One of the litigants in a court case has the right to force a person to take an oath when he feels that the person is concealing testimony about the case. The oath that the alleged witness takes to claim that he is not harboring any testimony is called a Shevu'as ha'Edus (Vayikra 5:1).
(b) For example, a person asks two witnesses to testify on his behalf, in order to oblige the opposing litigant to pay him. The witnesses deny all knowledge of the case and even swear in court to that effect. If they admit afterwards that they did know testimony, they must bring a Korban Oleh v'Yored. If they are wealthy they each bring a female sheep or female goat. If they cannot afford the animal, they may each bring two turtledoves or two common doves, one as a Chatas and one as an Olah. If they cannot even afford birds, they may each bring an offering of 1/10 of an Eifah of flour as a Minchas Chatas (ibid. 5:5-13).

2) [line 7] MESACHEK B'KUVYA - a person who gambles with dice
*3*) [line 19] V'IY BA'IS EIMA, KI KETANI ASUR - [the Gemara is returning to the question asked at the beginning of the Perek: Why does the Mishnah say "Asur" as opposed to "Chayav Kares?" (RASHI; see RASHASH for another approach)]

*4a*) [line 19] D'TANU RABAH V'RAV YOSEF B'SHE'AR SIFREI D'VEI RAV - [the Gemara is bringing this as a proof that the other Inuyim are also d'Oraisa and are not just mid'Rabanan -- RAV ELAZAR MOSHE HOROWITZ, in his Hagahos printed in the Vilna Shas. The Dikdukei Sofrim mentions that in some texts, the Gemara reads "*Tanu* Rabanan," rather than "*d'Tanu* Rabanan." According to this Girsa, the Beraisa is not being cited as a proof for the Gemara's previous statement. The Gemara is simply quoting a Beraisa that is related to our Mishnah.]
b) [line 20] SHE'AR SIFREI D'VEI RAV - the Halachic Midrash "Sifri," that expounds the verses in Bamidbar and Devarim

5) [line 25] D'CHAZI L'ITZTERUFEI - that is fit to be combined
6) [line 29] KOY - There is a Machlokes Tana'im (Chullin 80a) as to which animal Chazal (Mishnah Chullin 83b, etc.) refer to as a "Koy." Usually the term is used to refer to an animal that shows signs of being both a domesticated animal (Behemah) and a wild animal (Chayah).

7) [line 33] ITZTERICH KERA L'ASUYEI SEFEIKA? - is a verse needed to forbid something that has a doubtful status, such as the Chelev of a Koy?


8) [line 1] KOY, BERYAH BIFNEI ATZMAH HI - a Koy is a species in and of itself; i.e. neither Chayah nor Behemah

9) [line 10] V'CHAYIM LEI - and it becomes oppressively hot for him
10) [line 10] KUM, TUV B'TULA - get up and sit in the shade

11a) [line 18] PIGUL, NOSAR, TEVEL, ETC. - that is, these are forbidden to eat on Yom ha'Kipurim

b) [line 18] PIGUL
(a) A sacrifice that was slaughtered with the intention of eating it or offering it after its allotted time becomes disqualified. It is forbidden to eat from such a Korban as it states in Vayikra (7:18), "v'Im He'achol Ye'achel mi'Besar Zevach Shelamav ba'Yom ha'Shelishi Lo Yeratzeh, ha'Makriv Oso Lo Yechashev Lo, *Pigul* Yiheyeh." ("If [the person bringing the offering plans] to eat it on the third day, [the sacrifice] will not be accepted. It is considered Pigul (putrid, rejected) and it will not be counted in his favor.")
(b) If a person eats Pigul intentionally he is Chayav Kares. If he eats it unintentionally he must bring a Korban Chatas (SEFER HA'CHINUCH Mitzvah 144).

12) [line 18] NOSAR
(a) If any meat of a Korban remains after the time that was allotted for it to be eaten, it must be burned, as it states in Vayikra (19:6) "b'Yom Zivchachem Ye'achel umi'Macharas, *veha'Nosar* Ad Yom ha'Shelishi ba'Esh Yisaref." - ("It shall be eaten the same day that you slaughter it and on the next day, and anything that *remains* until the third day shall be burned in fire.")
(b) If someone eats Nosar intentionally he is Chayav Kares. If he eats it unintentionally, he must bring a Korban Chatas (SEFER HA'CHINUCH Mitzvah 215).

13) [line 33] INUY SHE'HU AVEIDAS HA'NEFESH - affliction that entails bodily diminution
14) [line 39] PERISHUS DERECH ERETZ - refraining from marital relations
15) [line 45] "TOV MAR'EH EINAYIM ME'HALACH NEFESH..." - "Better is what the eyes see than what is imagined..." (Koheles 6:9)

16) [last line] "...KI YITEN BA'KOS EINO, YIS'HALECH B'MEISHARIM" - "...when a person eyes a cup, whatever he does, he considers just (any path he follows he considers straight)." (Mishlei 23:31)

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