[35a - 56 lines; 35b - 55 lines]
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We recommend using the textual changes suggested by the Bach and the marginal notes of the Vilna Shas. This section is devoted to any other important corrections that Acharonim have pointed out in the Gemara, Rashi and Tosfos.
[1] Gemara 35b [line 33]:
"Derech Gagos, Derech Chatzeiros, Derech Karpifos, Kedei l'Potran..." דרך גגות דרך חצרות דרך קרפיפות כדי לפוטרן
The words "Derech Chatzeiros" do not appear in the text of the Gemara in Gitin 81a, nor in the text of the Dikdukei Sofrim or Beis Nasan. This makes the Gemara easier to understand, for otherwise how could Rebbi Yochanan exempt Derech Chatzeiros from Ma'aser if he himself states (on the next line) that a Chatzer is Kove'a for Ma'aser?
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PEREK #6 KEITZAD MEVARCHIM
1)[line 4]פירות הארץPEIROS HA'ARETZ- (a) "fruits of the ground," i.e. wheat and other grains (there is an argument as to whether this includes raw grains — see BI'UR HALACHAH 208:4 DH SHE'TOVIM); (b) grains and legumes ("Kitniyos") (TALMIDEI RABEINU YONAH)
2)[line 6]הירקותHA'YERAKOS- the greens; the edible leaves and stalks of leafy vegetables, e.g. cabbage, spinach and lettuce (it seems that Rebbi Yehudah agrees that one recites "Borei Pri ha'Adamah" over root vegetables such as radishes and onions — NETZIV, IGROS MOSHE OC I:60. The Netziv also writes that Rebbi Yehudah agrees that the Berachah for Kitniyos is Borei Pri ha'Adamah; however, this requires elucidation, since Rebbi Yehudah rules (Berachos 37a) that one recites the Berachah "Borei Minei Zera'im" for grains, and it seems that this should be the same for Kitniyos. It should be pointed out, however, that Talmidei Rebeinu Yonah explain that Kitniyos are Peiros ha'Aretz, about which Rebbi Yehudah does not argue, according to the simple reading of the Mishnah. -YOSEF DA'AS)
3)[line 8]דשאיםDESHA'IM- grasses, herbage
4)[line 13]אחליה והדר אכליהACHALEI V'HADAR ACHLEI- redeem it and then eat it
5)[line 14]שירהSHIRAH
Wine libations were brought with many of the Korbanos, as it states in Bamidbar 15:5-10. One of the appointments of the Leviyim in the Beis ha'Mikdash was to sing Tehilim ("Shirah") and play musical instruments at the time that the wine libations were poured into special pipes at the top of the Mizbe'ach ha'Olah.
6)[line 19]"ותאמר להם הגפן החדלתי את תירושי המשמח אלהים ואנשים""VA'TOMER LAHEM HA'GEFEN HE'CHADALTI ES TIROSHI HA'MESAME'ACH ELOKIM VA'ANASHIM..."- "And the vine said to them, 'Should I leave my wine, which cheers HaSh-m and man [and go to rule (lit. sway) over the trees?']" (Shoftim 9:13)
7)[line 22]נטע רבעיNETA REVA'I (NETA REVA'I / KEREM REVA'I)
(a)In the first three years after a tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23. The fruits of the fourth year are called Neta Reva'i and are Kodesh (holy) (ibid. 19:24). They must be brought to and eaten b'Taharah in Yerushalayim. Alternatively, the fruits may be redeemed (Pidyon), in which case the money used to redeem them is brought to Yerushalayim. The food that is bought with this money is Kodesh like Neta Reva'i and must be eaten b'Taharah in Yerushalayim.
(b)The Mishnah (Sanhedrin 2a) states that a Beis Din of three must appraise the fruits of Neta Reva'i that are to be redeemed. Our Gemara records an argument as to whether the laws of Neta Reva'i apply to all fruits or only to grapes ("Kerem Reva'I"). The Halachah in Eretz Yisrael follows the opinion that the laws of Neta Reva'i apply to all fruits (SHULCHAN ARUCH Yoreh De'ah 294:6).
(c)With regard to fruits that grew outside of Eretz Yisrael, there are three opinions: 1. RABEINU YONAH, quoting RI HA'ZAKEN, states that they have the same Halachah as fruits in Eretz Yisrael, and require Pidyon; 2. The RAMBAM (Hilchos Ma'achalos Asuros 10:15) rules that they do not require Pidyon; 3. GE'ONIM, TOSFOS DH u'Lema'an and ROSH explain that the rule, "the Halachah in Chutz la'Aretz follows the opinion of those who hold the lenient opinion in Eretz Yisrael" applies to Neta Revai. The lenient opinion is Kerem Revai, where the laws of Kedushah and Pidyon apply only to grapes. Accordingly, only fourth-year grapes need Pidyon.
(d)The SHACH (Yoreh De'ah 294:17) concludes that all fourth-year fruits of Chutz la'Aretz should be redeemed without a Berachah in Chutz la'Aretz. The Vilna Ga'on (ibid. 294:28) rules like the third opinion, c:3, in which case only grapes need Pidyon, with a Berachah.
8)[line 37]עוללותOLELOS
Olelos are incompletely-formed grape clusters, in which no grapes hang from the tip of the central stem, and the grapes on the side-stems that part from the central stem do not lie on one another. These clusters must be left behind on the vine for the poor, as stated in Vayikra (19:10), "v'Charmecha Lo Se'olel... le'Ani vela'Ger Ta'azov Osam" - "And you shall not glean your vineyard... you shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and the stranger."
9)[line 38]חלהCHALAH
(a)With regard to the Mitzvah of Chalah, the verses state, "... b'Vo'achem El ha'Aretz... Reishis Arisoseichem Chalah Tarimu Serumah..." - "[Speak to the people of Yisrael, and say to them,] 'When you come into the land [where I bring you, when you eat of the bread of the land, you shall separate a Terumah (tribute) to HaSh-m.] You shall separate the first of your dough for a Terumah; [as you do with the Terumah separated from the grain of the threshing floor, so, too, shall you present this [to the Kohanim.']" (Bamidbar 15:18-20).
(b)Whenever a person kneads a large quantity of dough made from one of the five species of grain (wheat, barley, oats, rye or spelt), he must separate a small portion to be given to the Kohen before eating from the dough. This portion is called Chalah. (The requirement to separate Chalah with a Berachah only applies to dough made from the volume of 43.2 Beitzim of flour. The modern equivalent is approximately 10 1/2 cups or 2.48 liters; about half of that amount requires Chalah to be separated without a Berachah.) A baker must separate 1/48 of his dough as Chalah, while a normal homeowner must separate 1/24. If a person did not separate Chalah from the dough before it was baked, it must be separated after it is baked before the baked products can be eaten.
(c)Chalah has the Halachos of Terumah, and it must be eaten by Kohanim, their wives and children, while they are Tehorim. A non-Kohen who eats Chalah b'Mezid is liable to Malkus and Misah b'Yedei Shamayim (Makos 13a; RAMBAM Hilchos Bikurim 5:14 and Hilchos Terumah 6:6).
10)[line 38]וחזר הדין לא ראי זה כראי זה ... הצד השוה שבהן ...V'CHAZAR HA'DIN; LO RE'I ZEH K'RE'I ZEH ... HA'TZAD HA'SHAVEH SHE'BAHEN ... - and the argument returns, this subject is not exactly like that subject... the common denominator between them ... (TZAD HA'SHAVEH)
(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 argument 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 (in our case, that all foods require a Berachah). The common denominator may also be brought into question, which inhibits learning the new Halachah from the two subjects.
11)[line 42]צד מזבחTZAD MIZBE'ACH- the point in common between wine, grain, and oil is that they are brought up on the Mizbe'ach: flour and oil for Menachos; wine for Nesachim. This is not the case with all foods.
12)[line 44]"ויבער אש בלפידים וישלח בקמות פלשתים ויבער מגדיש ועד קמה ועד כרם זית""VA'YAV'ER EISH BA'LAPIDIM VA'YESHALACH B'KAMOS PELISHTIM, VA'YAV'ER MI'GADISH V'AD KAMAH V'AD KEREM ZAYIS." - "Then he set fire to the firebrands and let them (the foxes) loose among the standing grain of the Pelishtim. Thus he burned down everything from haystacks to standing grain to olive-groves." (Shoftim 15:5) (SHIMSHON'S DOUBLE REVENGE)
(a)See Background to Berachos 12:23.
(b)When Shimon's thirty Pelishti friends were unable to solve the riddle he had posed to them ("Out of the eater, something to eat; out of the strong, something sweet"), for which they would have had to pay him thirty sheets and thirty new suits, they talked his wife into trying to wheedle the answer to the riddle out of him. It took her seven days, but she succeeded, and promptly passed on the information to them. When, on the seventh day, just before sunset, the men of the city told him the answer ("What is sweeter than honey and what is stronger than a lion"), Shimshon understood what happened. He went to Ashkelon and killed thirty Philistines, whose suits he took and sent them to his former friends to pay off his debt.
(c)Shimshon returned home to his parents, and his wife married his best friend. When some time later, he returned to Timnas to reunite with his wife, whom he brought a gift of a kid-goat, his wife's father refused to let him in. Her father said that since he understood Shimshon hated her and had no intention of going back to her, he had given her over to somebody else. However, he added, she had a younger sister who was better than she, and that he was willing to give her to Shimshon as a wife.
(d)Infuriated, Shimshon promptly caught 300 foxes and tied them tail to tail with a fire-brand in the middle and then set them loose among the fields of the Pelishtim (during the harvest season), causing immense damage.
(e)When the Pelishtim found out about who had caused the damage and why, they took Shimshon's wife and burned her together with her father. Avenging the murder of his wife and father-in-law, Shimshon attacked them. He defeated them, killing many in the process.
(f)HaSh-m's Divine plan to use Shimshon's Pelishti wives was off to a good start, and it was destined to have an even more successful (if sad) ending.
13)[line 48]בכוריםBIKURIM
(a)The Mitzvah of Bikurim consists of bringing the first fruits to emerge in one's field every year to the Beis ha'Mikdash. The verse states, "v'Hayah Ki Savo El ha'Aretz... vi'Yrishtah v'Yashavta Bah... v'Lakachta me'Reishis Kol Pri ha'Adamah..." - "And it shall be that when you come to the land... and you inherit it and you settle in it. You shall take of the first fruits of the land..." (Devarim 26:1-2). Each farmer enters the Azarah (courtyard) of the Beis ha'Mikdash with his Bikurim fruit in a decorative basket. While the basket is on his shoulder, he recites the Mikra Bikurim, specific verses from Devarim (26:3, 5-10) thanking HaSh-m for taking us out of Mitzrayim and giving us the land of Yisrael. He then places the basket of fruit at the base of the southwestern corner of the Mizbe'ach (RAMBAM Hilchos Bikurim 3:12) and bows down before HaSh-m. Afterwards, he gives the Bikurim to a Kohen (Mishnah Bikurim 3:8, RAMBAM ibid. 3:1). Live pigeons were a (voluntary) part of the adornment of the baskets of Bikurim. They were offered as Korbenos Olah when the Bikurim were brought (Menachos 58a).
(b)The Mitzvah of Bikurim applies only to the seven species with which the land of Eretz Yisrael was blessed (Devarim 8:8) — wheat, barley, grapes, figs, pomegranates, olives and dates (Bikurim 1:3, RAMBAM ibid. 2:2).
(c)Kohanim eat the Bikurim within the walls of Yerushalayim. If a person eats them outside of Yerushalayim after the Bikurim have entered Yerushalayim (according to the Rambam, or after the Bikurim have entered the Azarah according to Rashi to Makos 18b), he receives Malkus. They must be returned to, and eaten in Yerushalayim.
14)[line 53]מעלMA'AL (ME'ILAH)
See Background to Berachos 31:12.
35b----------------------------------------35b
15)[line 3]כנסת ישראלKENESES YISRAEL- the Assembly (people) of Yisrael. See MAHARSHA to Berachos 35a DH L"K (Lo Kashya).
16)[line 9]ירבעם בן נבטYARAV'AM BEN NEVAT
(a)Yarav'am Ben Nevat of the tribe of Efrayim was the first king of the ten tribes of Yisrael after their secession from the kingdom of the Davidic dynasty (subsequently known as Yehudah), as recorded in Melachim I 11:26-12:20. Upon the death of Shlomo ha'Melech, Rechav'am, his son, took the counsel of his young advisors to increase the high tax and hard labor that Shlomo had instituted (Melachim I 12:14). As a result, the people rebelled under the leadership of Yarav'am ben Nevat. Only the tribes of Yehudah and Binyamin remained faithful to the House of David.
(b)Yarav'am was concerned that his subjects should not be drawn back to the Davidic Kingdom of Yehudah when they went to worship in the Beis ha'Mikdash in its capital, Yerushalayim. In order to prevent the people of the ten tribes from returning to the leadership of the Davidic kings, Yarav'am outlawed the Mitzvah of Aliyah l'Regel, forbidding his people to travel to the Beis ha'Mikdash for Pesach, Shavuos and Sukos. Instead, he built two other "Temples," the main one in Beis El and a secondary one in Dan, where golden calves were worshipped (ibid. I 12:28). He set up guards on the roads leading to Yerushalayim to prevent anyone from serving HaSh-m by going to the Beis ha'Mikdash. His new religion was introduced with a fictitious holiday in the eighth month (a take-off of the Jewish Sukos). On that occasion, we are told that Yarav'am "ascended the altar that he had made in Beis El on the fifteenth day of the eighth month, in the month that he had fabricated with his imagination, inventing a holiday for the Children of Yisrael — he ascended the altar to burn sacrifices" (Melachim I 12:33).
(c)HaSh-m was swift in His wrathful reaction to Yarav'am's outrageous sacrilege: "Just then a prophet came to Beis El from Yehudah... while Yarav'am was standing atop the altar to burn the sacrifice. He called out to the altar by the word of HaSh-m and said, 'Altar, altar! Thus said HaSh-m: Behold, a son will be born to the House of David by the name of Yoshiyahu, and he will slaughter upon you the priests of the Bamos, who burn sacrifices upon you; human bones will be burned upon you!'" (ibid. 13:1-2).
(d)The prophet died that same day and was buried in Beis El. His prophecy came true — more than three centuries later — when Rechav'am's descendant, King Yoshiyahu, came to power and instituted sweeping reforms, during the course of which many idolatrous shrines and temples were destroyed. When he came to Beis El (which was, of course, in the territory of the Northern Kingdom), we are told: "Also the altar that was in Beis El — the Bamah that Yarav'am son of Nevat built, with which he caused Yisrael to sin — also that altar and its Bamah he demolished; he burned the Bamah and ground it up into dust and burned the Asherah. Yoshiyahu then turned and saw the graves that were there on the mountain and he sent men to take the bones out of the graves and burn them upon the altar, defiling it, in accordance with the word of HaSh-m which the prophet, who had prophesied about these events, had proclaimed.
17)[line 19]דשDASH- he threshes
18)[line 19]זורהZOREH- (O.F. vaner - to sift, winnow) he winnows; using the wind to separate the grain from the chaff. A person throws the mixture into the air and the wind blows away the lightweight chaff while the heavier grain falls back down onto the pile
19)[line 25]במטותא מינייכוB'MATUSA MINAICHU- I beg of you, I ask a favor of you
20)[line 25]לא תתחזו קמאיLO SISCHAZA'U KAMAI- do not appear before me
21)[line 25]דלא תטרדו במזונייכוD'LO TITARDU BI'MZONAICHU- so that you should not be troubled/busy with attaining your sustenance
22)[line 32]טרקסמוןTERAKSEMON- gateway
23)[line 32]מעשרMA'ASER (MA'ASROS)
(a)After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated Ma'aser Rishon, and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.
(b)The produce may not be eaten until both Terumos have been separated from it. Until the Terumos have been separated, the produce is called Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim (Sanhedrin 83a).
(c)A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the seven-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d)The tithe that is separated during the first, second, fourth and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought to Yerushalayim and eaten there by its owner. Anyone who eats Ma'aser Sheni produce outside of the walls of Yerushalayim (without Pidyon, redemption — see (e) below) receives Malkus (RAMBAM Hilchos Ma'aser Sheni 2:5). Once the Ma'aser Sheni produce enters the walls of Yerushalayim, it may not be redeemed. It is considered "Niklat," "captured" by the walls.
(e)Alternatively, Ma'aser Sheni produce may be redeemed (Pidyon), in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional fifth (of the ensuing total, or a quarter of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.
24)[line 33]קרפיפותKARPIFOS- enclosed areas that are located outside of a settlement, used for storage and other such purposes
25)[line 33]אין הטבל מתחייב במעשר עד שיראה פני הביתEIN HA'TEVEL MISCHAYEV B'MA'ASER AD SHE'YIR'EH PNEI HA'BAYIS (KOVE'A L'MA'ASER)
See Background to Berachos 31:10b.
26)[line 34]"בערתי הקדש מן הבית ...""BI'ARTI HA'KODESH MIN HA'BAYIS ..."- "I have removed all of the holy things from my house..." (Devarim 26:13) - The "holy things" refer to the Ma'aser Sheni (see above, entry #22:d-e) and Neta Reva'i (see above, entry #7) that must be separated from one's crop in the years that they apply. The words in the remainder of this verse include other gifts that must be separated, such as Bikurim (see above, entry #12), Terumos, Ma'aser Rishon and Ma'aser Ani (see above, entry #22:a-c).
27)[line 35]אפילו חצר קובעתAFILU CHATZER KOVA'AS- even bringing the produce into one's courtyard renders it "Hukba l'Ma'aser" (see Background to Berachos 31:10b) (The Chatzer should be a Chatzer ha'Mishtamer, a courtyard that is able to safeguard its contents and keep outsiders from taking them (see Background to Bava Metzia 9:10:e)
28)[line 36]אשתני לעלויאISHTENI L'ILUYA- it has changed to a superior form (from grapes to wine)
29a)[line 40]חמרא זייןCHAMRA ZAYIN- wine nourishes
b)[line 40]משחא לא זייןMISHCHA LO ZAYIN- oil does not nourish
30)[line 43]חמשת המיניןCHAMESHES HA'MININ
Five species of grain, wheat, barley, oats, rye or spelt, can be made into bread that requires the Berachah of ha'Motzi beforehand and Birkas ha'Mazon afterwards. According to the Rabanan (Berachos 37a), only these grains are acceptable for making Matzos for Pesach. Likewise, they rule that only these grains may become Chametz that is forbidden on Pesach.
31)[line 44]חמרא סעידCHAMRA SA'ID- wine satiates
32)[line 45]דנגרריה ללביהD'NEGAREREI L'LIBEI- to stimulate his appetite (lit. his heart)
33)[line 46]טובא גרירTUVA GARIR- a great amount [of wine] stimulates the appetite
34)[line 48]שלש ברכותSHALOSH BERACHOS- Birkas ha'Mazon (of which the first three blessing are obligatory from the Torah)
35)[line 50]בטלה דעתו אצל כל אדםBATLAH DAITO ETZEL KOL ADAM
(a)Batlah Da'ato Etzel Da'as Kol Adam means that a person's intentions are nullified by the conduct of all people. When a person puts himself in a situation that contradicts normal behavior, we treat this situation as Halachically invalid. For example, if a person eats something that is not food, he is not required to make a Berachah over it, since it is not normally eaten.
(b)In our Gemara, if someone makes wine the chief element of his meal, Rava states that we can only wait until Eliyahu ha'Navi arrives to learn if his action elevates the meal of wine to the level where he may say Birkas ha'Mazon afterwards. In the meantime, since this is not normal behavior, we need not relate to his action, and even he should not say Birkas ha'Mazon.
36)[line 52]הסך שמן של תרומהHA'SACH SHEMEN SHEL TERUMAH (TASHLUMEI TERUMAH)
(a)After a crop is harvested and brought to the owner's house or yard, the owner must separate Terumah from the crop, which he gives to a Kohen. Kohanim and members of their households are allowed to eat Terumah, as long as they are Tehorim.
(b)If a non-Kohen eats Terumah without knowing that it is Terumah, he must replace what he ate in the form of a food that becomes Terumah (Tashlumei Terumah). He returns the amount of Terumah that he ate to the Kohen who owned the Terumah (see Insights to Pesachim 32:1). In addition, he is fined another Chomesh (fifth) of the ensuing total (i.e. a quarter of the value of what he ate). This Chomesh may be paid to any Kohen (Terumos 6:2), and is not necessarily given to the Kohen who owned the Terumah that was eaten.
(c)If the person ate Terumah in an abnormal fashion, such as by drinking olive oil, he only pays the value of the Terumah that was destroyed (i.e. the normal Halachah of damages applies to him and not the laws of Tashlumei Terumah).
(d)A non-Kohen who eats or benefits from Terumah b'Mezid (intentionally) pays the value of the Terumah destroyed (i.e. the normal Halachah of damages applies to him, and not Tashlumei Terumah), and incurs the punishment of Misah b'Yedei Shamayim (according to the Beraisa brought in the Gemara (Sanhedrin 83a). According to Rav (Sanhedrin 83b) — he is punished with lashes).
37)[line 54]טפלהTEFEILAH- a food of secondary importance
38)[last line]אניגרון מיא דסלקאANIGRON, MAYA D'SILKA- Anigron is made with the water in which beets were cooked
39)[last line]אנסיגרון מיא דכולהו שלקי(ANSIGRON) [ACHSIGRON], MAYA D'CHULHU SHALKEI- Achsigron is a food that is made with the water in which other vegetables (besides beets) were cooked