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Makos 8

1) [line 4] MAN D'SHADA PISA L'DIKLA - one who throws a clod (O.F. bleste) of earth at a date palm

2) [line 5] V'ASAR TAMREI - and makes dates fall off
3) [line 7] KO'ACH KOCHO - indirect force, where the original force causes a reaction which causes the act ("Kocho" is defined as an act not done with the body itself, rather through the power of the body, i.e. throwing a stone)

4a) [line 9] MACHYEI LI'GERAMA - and it (the clod of earth) hit a branch
b) [line 9] MACHYEI L'CHAV'ASA - and it (the branch) hit a cluster of dates
5) [line 13] HALAH - that one, i.e. the victim
6) [line 20] CHATAVAS ETZIM - chopping down trees
7) [line 22] HA'RODEH - who punishes (physically)
8) [line 24] SOSER ES KOSLO - one who breaks down his wall (during the process of which a stone dislodged and killed someone)

9) [line 27] ASHPAH - a garbage heap
10) [line 28] LIPANOS - to move one's bowels
11) [line 29] IKA D'MIKRI V'YASIV - (lit. there are those who chance to sit [and use it]) there are times when it happens that someone uses it during the day

12a) [line 33] "... U'MATZA [KEDEI GE'ULASO.]" - "[And if the man has no one to redeem it, but he prospers and] eventually he acquires (lit. finds) [the sum of money that is needed to redeem it.]" (Vayikra 25:26)

b) [line 33] U'MATZA (SEDEH ACHUZAH)
(a) A Sedeh Achuzah is a field that came into the possession of its owner's family after the conquest and division of Eretz Yisrael, at the time of Yehoshua bin Nun.
(b) Such a field may only be sold until the Yovel year, at which time it automatically returns to the possession of its original owner (Vayikra 25:25-28). Because of this, when a person sells an ancestral field he normally intends to sell only the Peiros, or produce, of the land until the Yovel year, and not the land itself (Gitin 48a).
(c) Beginning two years after the sale, the original owner may redeem the field from the person who purchased it. He does so by returning the proportion of the money that was paid for the remaining years until the Yovel year (Erchin 29a). The buyer is forced to accept the redemption money and return the field.
(d) For a discussion of the Halachos of someone who is Makdish (consecrates to Hekdesh) a Sedeh Achuzah, see Background to Bava Basra 102:11.

13) [line 33] U'MATZA, PERAT L'MATZUY - the word "u'Matza," implies that if a landowner had possessions or other lands to sell at the time that he sold his Sedeh Achuzah (see previous entry), he is excluded from the Halachah that dictates that a landowner can force the buyer to accept the redemption value for his Sedeh Achuzah, i.e. he may not *force* the buyer to return his Sedeh Achuzah to him

14a) [line 34] SHE'LO YIMKOR B'RACHOK V'YIG'OL B'KAROV - that he shall not sell a field that is far away from him in order to redeem a field that is close to him (the opposite is also the Halachah. The intention of the Mishnah (Erchin 30a) is that a landowner may not force the buyer to return his Sedeh Achuzah to him if he had other possessions at the time of the sale - TOSFOS to Erchin 30a DH Lo Yimkor)
b) [line 34] B'RA'AH V'YIG'OL B'YAFAH - that he shall not sell a field that is of poor quality in order to redeem a field that is of good quality (the opposite is also the Halachah)

15) [line 36] ME'HASHTA - from now on (and not at the time of thesale)
16) [line 40] MA'ARACHAH - the wood pile on the Mizbe'ach, upon which the Korbanos were burned

17) [line 43] "YASER BINCHA VI'NICHEKA, V'YITEN MA'ADANIM L'NAFSHECHA." - "Discipline your son, and he shall give you rest; and he shall give delight to your soul." (Mishlei 29:17)

18a) [line 47] "V'ISH ASHER YITMA V'LO YISCHATA [V'NICHRESAH HA'NEFESH HA'HI MITOCH HA'KAHAL...]" - "But the man who shall be Tamei (ritually impure), and shall not purify himself, [that soul shall be cut off from among the congregation, because he has defiled the sanctuary of HaSh-m (should he enter it while he is Tamei -- see next entry); the water of sprinkling has not been sprinkled upon him; he is Tamei.]" (Bamidbar 19:20)

(a) It is forbidden for a person to enter the Mikdash (see Background to Bava Basra 24:4b for a discussion of the boundaries of the various areas in the Mikdash) if he touched an Av ha'Tumah (Bamidbar 5:2). One who transgresses this prohibition b'Shogeg can become obligated to bring a Korban Oleh v'Yored. If he transgresses it b'Meizid and witnesses saw him and he was warned not to transgress, he is punished with lashes. If he was not warned, the punishment for transgressing this Lav intentionally is Kares (Sefer ha'Chinuch Mitzvah #167).
(b) What constitutes a Korban Oleh v'Yored varies based on the means of the penitent. If he is wealthy, he brings a female sheep or goat as a Chatas (Korban Ashir). If he cannot afford this, he brings two Torim (turtledoves) or two Benei Yonah (common doves), one as an Olah and one as a Chatas (Korban Oleh v'Yored b'Dalus). If he cannot even afford the birds, he brings one tenth of an Eifah of fine flour as a Minchas Chatas (Korban Oleh v'Yored b'Dalei Dalus). (Vayikra 5:6-13)
(c) The Minchas Chatas is not mixed with oil, and Levonah (frankincense) is not sprinkled on top of it (Vayikra 5:11). When a non-Kohen brings a Minchas Chatas, a Kometz of the flour alone is burned on the Mizbe'ach and the Kohanim receive the Shirayim (the rest of the flour, which they must eat before the following sunrise -- RAMBAM Hilchos Ma'aseh ha'Korbanos 10:7).

19) [line 48] MES MITZVAH
(a) When a dead Jew is found unattended and an attempt to determine who his relatives are brings about no response, the dead body is called a Mes Mitzvah. The person who found the body is obligated to bury it. (RAMBAM Hilchos Avel 3:8)
(b) The body must be buried where it is found; "Mes Mitzvah Koneh Mekomo" -- it "acquires the place where it rests." Even if it is found in the middle of a field that belongs to someone else, it is buried there. (However, if the body is found within 2000 Amos of a Jewish community, it must be buried in the community cemetery (RAMBAM Hilchos Tum'as Mes 8:7).)


20) [line 1] "... TAMEI YIHEYEH; [OD TUM'ASO VO.]" - "[Whoever touches the dead body of any dead man, and does not purify himself, defiles the sanctuary of HaSh-m. And that soul shall be cut off from Yisrael; because the water of sprinkling was not sprinkled upon him,] he shall be Tamei; [his Tum'ah is yet upon him.]" (Bamidbar 19:13)

21) [line 2] TEVUL YOM
A Tevul Yom is a person who has immersed in a Mikvah to become Tahor for Chulin, but is still waiting for nightfall to be completely Tahor with regard to Terumah, Kodshim and Bi'as Mikdash. The level of Tum'ah of a Tevul Yom is minimal; he is considered only a Sheni l'Tum'ah and if he touches Terumah or Kodesh, the Terumah or Kodesh becomes Pasul and must be burned. Chulin that he touches do not become Teme'im. If he enters the Mikdash, however, he is Chayav Kares, as above (entry #18b). After the following nightfall, he becomes completely Tahor with regard to Terumah.

(a) There are three stages in the Taharah (purification) process of a Zav, Zavah, Yoledes, and Metzora: 1. Tevilah (immersing in a Ma'ayan - for a Zav, or a Mikvah - for the others), 2. He'erev Shemesh (nightfall after the Tevilah) and 3. a Korban.
(b) The above Teme'im may not eat Terumah until nightfall after the Tevilah. They may not eat Kodshim or enter the Mikdash until they have brought their Korbanos the following morning. A Tamei who has only immersed is called a Tevul Yom until nightfall. After nightfall he is called a Mechusar Kaparah until he brings his Korban.

23) [line 2] "OD TUM'ASO VO" - see above, entry #20
24) [line 5] "... BE'CHARISH UVA'KATZIR TISHBOS." - "[Six days you shall work, but on the seventh day you shall rest;] in plowing and in harvest you shall rest." (Shemos 34:21)

25) [line 6] SHEVI'IS
(a) The Torah requires that farmers desist from working the land every seventh year, as described in Vayikra 25:1-7. The fruits that grow during the seventh (Shevi'is) year are holy to the extent that 1. they must be considered ownerless; anyone may come into any field and pick the fruit that he intends to eat. 2. The fruits may not be bought and sold in a normal fashion (see Insights to Sukah 39:2). 3. The Torah requires that the fruits of Shevi'is be used only for eating or drinking (in the normal manner of eating for that type of fruit) or for burning to provide light (in the case of oil). They may not be wasted or used for medicinal purposes or animal fodder, etc.
(b) One may not do any work with the land or with trees growing from the land that makes improvements.
(c) The Shemitah year is meant to teach the Jewish people to rely on HaSh-m for their sustenance, a fact that is not always clear to them during the six years in which they work their own fields.

26) [line 7] "... SADCHA LO SIZRA V'CHARMECHA LO SIZMOR." - "[But in the seventh year, there shall be a year of rest for the land, a Shabbos for HaSh-m;] you shall not sow your field, nor prune your vineyard." (Vayikra 25:4)

27) [line 8] CHARISH SHEL EREV SHEVI'IS SHE'NICHNAS LI'SHEVI'IS - plowing on the year before (lit. the eve of) the seventh (Shemitah) year that will aid the crops of the seventh year (lit. that will enter the seventh year)
(a) The Torah requires that farmers desist from working the land every seventh year, as described in Vayikra 25:1-7. (See above, entry #25.)
(b) Chazal learn from the verse, "be'Charish uva'Katzir Tishbos" (Shemos 34:21), that mid'Oraisa the prohibition against plowing the land during Shemitah starts one month before the actual Shemitah year ("Tosefes Shevi'is"). This applies both to fields and to orchards with grown trees. The Rabanan added to this prohibition and prohibited plowing a field from the Pesach before Shemitah and an orchard with grown trees from the Shavu'os before Shemitah.

28) [line 9] KATZIR SHEL SHEVI'IS SHE'YATZA L'MOTZA'EI SHEVI'IS - reaping produce of the seventh year (that grew to one third of its expected growth during the seventh year) in the year after the seventh year (lit. that goes out to the year after the seventh year)

29) [line 12] KETZIR HA'OMER
(a) There is a Mitzvah to bring the Korban ha'Omer on the second day of Pesach. A large quantity of barley is reaped after nightfall after the first day of Pesach. At this time the grain is still moist, and the process of extracting one Omer (approximately 2.2, 2.5 or 4.3 liters, depending upon the differing Halachic opinions) of barley flour is extremely difficult. The flour is baked and offered as a Korban Minchah on the 16th of Nisan. It is also referred to as the Minchas Bikurim -- Vayikra 2:14-16).
(b) In addition, a lamb is offered as an Olah, as it states in Vayikra 23:12.
(c) The Korban ha'Omer is the first offering of the new grain of the year (Chadash), and as such it removes the prohibition against eating from the new grain.

30) [line 24] GER TOSHAV - A Ben Noach who accepts upon himself to fulfill the seven Noachide laws. (This is the opinion of the Chachamim in Avodah Zarah 64b. Other Tana'im there define Ger Toshav differently.)

31) [line 27] SHULYA D'NAGAREI - (O.F. joindrez) a carpenter's apprentice (i.e. the father is teaching his son a trade)

32) [line 27] CHIYUSA HU D'LAMDEI - it is a livelihood that he is teaching him (LIMUD UMNUS)
It is a Mitzvah to teach one's children a trade, as recorded in the Gemara (Kedushin 29a) and Mishnah (ibid. 82a).

(a) Arba Misos Beis Din, the four death penalties administered by Beis Din, in their order of stringency are:

1. Sekilah (stoning, whereby the transgressor is thrust down from the height of two stories, and then (if he is still alive) a large rock is thrown down upon him). Some examples of sins for which Sekilah is administered: desecrating the Shabbos; idol worship; cursing (Chas v'Shalom) G-d; bestiality; sodomy; certain illicit relations (Sanhedrin 53a).
2. Sereifah (burning with molten lead, which is poured down the throat). Sereifah is administered of certain illicit relations (Sanhedrin 75a).
3. Hereg (killing with a sword) (Sefer ha'Chinuch #50). Hereg is administered for Avodah Zarah, when performed along with most of the inhabitants of an Ir ha'Nidachas, and for murder (Sanhedrin 76b).
4. Chenek (strangulation) (Sefer ha'Chinuch #47) - Chenek is administered for wounding one's parents; Zaken Mamrei; Navi Sheker; certain illicit relations (Sanhedrin 84b).
(b) According to Rebbi Shimon (Mishnah Sanhedrin 9:3, Gemara Sanhedrin 49b), the order of their stringency is Sereifah, Sekilah, Chenek and Hereg.

34a) [line 30] SHIGEGAS SAYIF - unintentionally transgressing a sin for which the punishment for intentional transgression is Hereg (lit. [being killed with a] sword)
b) [line 30] SHIGEGAS CHENEK - unintentionally transgressing a sin for which the punishment for intentional transgression is Chenek (strangulation)

35) [line 32] OSEH CHABURAH B'AVIV - one who wounds his father or his mother, causing them to bleed (CHOVEL B'AV V'EM)
(a) A person who strikes his father or mother such that blood flows from the wound, after having received a proper warning that the act is punishable with death, is liable to the death penalty of Chenek (choking), as it states in the Torah (Shemos 21:15).
(b) If blood does not flow from the wound when the person strikes his father or mother, the penalty is the same as Chovel b'Chaveiro, one who strikes his fellow man (see Background to Sanhedrin 78:30). (RAMBAM Hilchos Chovel u'Mazik 4:7)

36) [line 34] KUSI
(a) The King of Ashur brought the people of Kusa to Eretz Yisrael and made them settle in the Shomron. They converted to Judaism after they found themselves under attack from lions. The Chachamim disagree as to whether their conversion was honest and valid (Geirei Emes) or not (Geirei Arayos).
(b) After the times of the Mishnah, the Kusim were found worshipping an image of a dove and the Chachamim gave them the status of Nochrim.
(According to most Rishonim, this means that they decided to treat them like Nochrim l'Chumra, even if they were Geirei Emes. According to the RAMBAM (Peirush ha'Mishnayos), however, this means that they decided that their conversion was not sincere and deemed them Nochrim (Geirei Arayos) for all Halachic matters.)

A Jew who curses a fellow Jew transgresses a negative commandment and receives Malkus (lashes), as the verses state, "Elokim Lo Sekalel v'Nasi v'Amecha Lo Sa'or." - "Do not curse a judge and do not curse a prince among your people" (Shemos 22:27); and "Lo Sekalel Cheresh" - "Do not curse a deaf-mute (Vayikra 19:14). The last verse shows the stringency of the matter, since one receives Malkus even for cursing a deaf-mute, who does not hear the curse and does not feel the pain of the words (RAMBAM Hilchos Sanhedrin 26:1; SEFER HA'CHINUCH #231).

38) [line 36] LATYEI - he cursed him
39) [line 37] "... V'NASI V'AMCHA LO SA'OR." - "... and do not curse a prince among your people." (Shemos 22:27)

40) [line 38] B'OSEH MA'ASEH AMCHA - the verse only deals with a person who performs actions of your people (which excludes an Eved and a Kusi)

41) [line 39] EVED BAR EDUS HU?! - Is an Eved considered valid to deliver testimony? (He is not -- Mishnah Rosh Hashanah 22a)

42) [last line] HIKAHU HAKA'AH SHE'EIN BAH SHAVEH PERUTAH - he wounded him with a blow that causes damage that is not worth a Perutah (see Background to Makos 9:1)

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