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Makos 4

1) [line 5] HA'KOL HOLECH ACHAR HA'MAR'EH - all Halachic rulings [regarding the status of Mikva'os] follow the color [of the substance that fell in, whether this creates a Kula (leniency) or a Chumra (stringency). A Kula will result in the case of three Lugin of water, into which a Kortov of wine fell, where Rebbi Yochanan ben Nuri rules that the Mikvah is Kosher. A Chumra will result in the case of three Lugin minus one Kortov of water, into which a Kortov of milk fell, where Rebbi Yochanan ben Nuri rules that the Mikvah is Pasul.]

2) [line 14] RAV YOSEF - after Rav Yosef forgot all of his learning due to illness, his student, Abaye, often questioned Rav Yosef's statements based on teachings that he had heard himself from Rav Yosef before his illness, or based on statements of other Amora'im or Tana'im that Rav Yosef might have forgotten, and, consequently, Abaye was able to help Rav Yosef regain all of his knowledge

3) [line 21] (D'KAI) [D'KAVU] V'KAIMA - it is gathered and standing [water] (in relation to a swiftly-flowing river) (Girsa of TOSFOS, RABEINU CHANANEL)

4) [line 24] CHAISHINAN (LI'SHELOSHAH LUGIN SHE'UVIN) SHE'LO YEHU B'MAKOM ECHAD - (these words should be removed -- RASHASH)

5) [line 26] KIKAR SHEL TERUMAH - a loaf of [bread that is] Terumah (For an extensive discussion of the laws of the principles of Tum'ah, see Background to Nazir 54:13)

6a) [line 27] UKI GAVRA A'CHEZKEI - leave the person in his previously established status, i.e. Tamei
b) [line 27] UKI TERUMAH A'CHEZKAH - leave the Terumah in its previously established status, i.e. Tahor

7) [line 30] HA'SHEM - (lit. the name) the verse


8) [line 1] "KEDEI RISH'ASO" - "... in accordance with his crime..." (Devarim 25:2) - The Gemara learns from the singular form of the word "Rish'aso" that Beis Din can only punish the Edim Zomemin in this case with one punishment, namely the monetary payment.

9) [line 4] MOTZI SHEM RA
If a man marries a Na'arah (12 year old girl who has attained physical maturity) who is a Besulah (a virgin who was never married in the past) and, after the Chupah is performed, he falsely accuses her of committing adultery and losing her virginity prior to the Chupah, he receives Malkus (lashes) for his slanderous speech (Devarim 22:18). He must also give her father 100 Shekalim and never divorce her against her will (ibid. 22:19).

(a) If any meat of a Korban remains after the time that was allotted for it to be eaten, it is termed "Nosar" and it must be burned. With regard to the Korban Pesach, the verse states, "Do not leave any of it (i.e. the Korban Pesach) over until the morning. Anything that is left over until the morning must be burned in fire" (Shemos 12:10). The repetition of the phrase "until the morning" signals that the verse is referring to the mornings of two different days, and can be understood as follows: "Do not leave any of the Korban Pesach over until the morning (which is Yom Tov). If anything *is* left over, on the *following* morning (which is Chol ha'Moed), it must be burned."
(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).

(a) A Lo Sa'aseh she'Nitak l'Aseh describes a negative commandment (Lo Sa'aseh or "Lav") that is followed by a positive commandment (Aseh) instructing us what to do if the Lav was transgressed. Usually, the Aseh is an action that is performed to correct the Lav. For example, the Torah states, "Lo Sigzol" (You shall not steal -- Vayikra 19:13); if someone transgresses this prohibition, the Torah tells him to correct his misdeed, "ve'Heshiv Es ha'Gezeilah." ("He shall return the stolen object." -- Vayikra 5:23).
(b) At times the Aseh follows the Lav (e.g. Temurah -- Vayikra 27:10 and Nosar -- see previous entry) and at times it is found in a different Parsha altogether (e.g. Gezel).

12) [line 12] LO MIN HA'SHEM HU ZEH - the reason that you (Rebbi Yehudah) gave is not the main reason for this Halachah (RASHI)

A Lav she'Ein Bo Ma'aseh is a negative commandment that is transgressed without performing any action. (In the context of our Gemara, speech is not considered an action.) The Tana'im argue (here and in many other places in the Gemara) as to whether or not one receives lashes for this type of Lav.

14) [line 22] EIN TZERICHIN HASRA'AH - Edim Zomemin do not need Hasra'ah (source: Kesuvos 33a) (HASRA'AH)
(a) If a person transgresses a Lav for which the punishment is the death penalty or lashes, he can only be put to death or lashed if he has been given a proper Hasra'ah (warning). The witnesses to the sin or others in the presence of the witnesses administer the warning. The warning must be, "Abstain, because this action is prohibited and you will be punished with the death penalty (or with lashes) for doing it," or something to that effect. The warning must specifically name the Lav or Av Melachah that the person is about to transgress.
(b) In addition, in order to be punished, the sinner must state explicitly that he accepts upon himself the possibility that he will be punished if he sins. For example, if the sinner is warned that he will receive the death penalty, he must state, "Al Menas Ken Ani Oseh" - " I am transgressing with the intention that I be killed for my sin." If he merely remains silent, nods his head or even states, "I know," he is not punished with death or Malkus mid'Oraisa (RAMBAM Hilchos Sanhedrin 12:2). The Rambam writes (ibid. 18:5) that in these cases, he is, however, lashed with Malkus mid'Rabanan.

(a) The method of learning that is being used by our Gemara is called a comparison, or "Meh Matzinu" - "What we have found [in one subject, applies to another subject, also.]" Among the rules of this method is the rule of a "Pirchah" (a question), where even a slight difference between the subjects causes the comparison to collapse, and no connection may be made.
(b) If a Pirchah is asked, the Gemara will bring a "Yochi'ach" or "Tochi'ach" (fem.) (a proof), where another subject, which fulfills the requirements of the Pirchah, is used to rebuild the comparison. A second Pirchah usually follows, where the Yochi'ach subject is brought into question. Then the original subject becomes the Yochi'ach.
(c) The conclusion is v'Chazar ha'Din (the Din goes back and forth), Lo Re'i Zeh k'Re'i Zeh (this subject is not exactly like that subject and vice versa), but the Tzad ha'Shaveh (common denominator) may be used to connect the Halachos of the two subjects, and we may learn a new Halachah from them. The common denominator may also be brought into question, which inhibits learning the new Halachah from the two subjects.

16) [line 27] YESH BAHEN TZAD CHAMUR - both of them have a stringent side (Edim Zomemin do not need Hasra'ah and Motzi Shem Ra is Lokeh u'Meshalem)

17) [line 28] MEI DARSHEI VEI? - What do they learn from it (the verse "Lo Sa'aneh v'Re'acha Ed Sheker)

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