[131a - 42 lines; 131b - 38 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] Rashi 131a DH v'Im b'Anparus åàí áàðôøåú:
The words "Mai Chiyuv, Mitzvah Ika Ha Lo Pash..." îàé çéåá, îöåä àéëà äà ìà ôù
should be "Mai Chayav, Mitzvah Ika Ha Lo Pash..." îàé çééá, îöåä àéëà äà ìà ôù
[2] Tosfos 131a DH Gamar âîø:
The words "Eizehu Olelos" àéæäå òåììåú
should be "d'Eizehu Olelos" ãàéæäå òåììåú
[3] Tosfos 131b DH Kegon ëâåï:
The words "d'Hu ha'Din Matnos Kehunah*, l'Hachi Tana" ãä''ä îúðåú ëäåðä, ìäëé úðà
should be "d'Hu ha'Din Matanos, l'Hachi Tana" ãä''ä îúðåú, ìäëé úðà as it appears in Tosfos ha'Rosh, since Tosfos is only referring to the Zero'a, Lechayayim and Keivah
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1)[line 4]çåáåCHOVO- his [fixed] debt [of taxes or the like to the king]
2)[line 4]àðôøåúANPARUS- thievery (i.e. with no reason) by an individual or an authority
3)[line 5]ã÷à îùúøùé ìéäD'KA MISHTARSHI LEI- since he profits from it by being released of a monetary debt (i.e. because he profits from the crop, it is as if he sold it)
4)[line 8]àéðå îðëä ìå îï äãîéíEINO MENAKEH LO MIN HA'DAMIM- the seller does not deduct the price of the Keivah from the total
5)[line 11]àéúðäå áòéðéäåISNEHU B'EINAIHU- they are in their actual, original form
6)[line 12]úøåîä åúøåîú îòùøTERUMAH U'TERUMAS MA'ASER (TERUMOS U'MA'ASROS)
See below, entry #9:a-e.
7)[line 12]çìäCHALAH
(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 a dough made from the volume of 43.2 Beitzim of flour (about 10 1/2 cups or 2.48 liters). Approximately 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).
8)[line 13]øàùéú äâæREISHIS HA'GEZ
(a)Every time a flock of sheep is shorn, it is a Mitzvas Aseh to give the first shearings to a Kohen, as stated in Devarim (18:4), "v'Reishis Gez Tzoncha Titen Lo." Although the Mishnah (Chulin 135a) states that this Mitzvah applies both in Eretz Yisrael and in Chutz la'Aretz, the Halachah follows the ruling of Rebbi Ila'i (ibid. 136b, Berachos 22a) who rules that the Mitzvah applies only in Eretz Yisrael (Rambam Hilchos Bikurim 10:1).
(b)The owner is obligated to give the first shearings to the Kohen only when a minimum amount of fleece is shorn from a minimum number of sheep. The minimum number of sheep is two according to Beis Shamai and five according to Beis Hillel. The Halachah follows Beis Hillel (Chulin 135a). The minimum amount of fleece that must be shorn from each of the five sheep is the amount of fleece that weighs a "Maneh u'Feras" (a Maneh and a half) according to Rebbi Dosa ben Harkinas (ibid.). (A Maneh equals one hundred silver Dinerin, each one of which occupies the volume of 96 grains of barley — Kidushin 12a.) As such, the total minimum amount of fleece that must be shorn according to Rebbi Dosa is 750 silver Dinerin. According to the Rabanan, the weight of twelve Sela'im must be shorn from each sheep, for a total of 60 Sela'im (i.e. 240 Dinerin), according to Shmuel; the Halachah follows his opinion — Chulin 137b. Rav argues with regard to the opinion of the Rabanan, claiming that even a total weight of 150 Dinerin of wool from all five animals is obligated in Reishis ha'Gez.
(c)After all of one's sheep are shorn, one must give to the Kohen one-sixtieth of all of the shearings, whether it is a lot or a little (as long as the minimum required amount is fulfilled, as mentioned above). When one gives the wool to the Kohanim, he must not give less than the weight of five Shekalim (ten Dinerin) of wool to each Kohen, which is the amount that suffices for the wool of an Avnet, the belt of the Bigdei Kehunah (Chulin 138a — see there).
(d)Like all other Matnos Kehunah, one who causes damage to the Reishis ha'Gez, or one who steals it and keeps it for himself and does not give it to a Kohen, has no obligation to compensate the Kohanim (Bava Kama 93b), since it is "Mamon she'Ein Lo Tov'im"; there is no specific Kohen who can make a claim to it, since the owner could have given it to any Kohen he wanted.
9)[line 13]ãîàéDEMAI (TERUMOS U'MA'ASROS: DEMAI)
(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 7-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 and eaten by its owner in Yerushalayim. 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.
(f)Produce bought from an Am ha'Aretz (an unlearned Jew who is lax in his Torah-observance; see Berachos 47b) is referred to as Demai ("Da Mai?" — "What is this?").
(g)Yochanan Kohen Gadol decreed that Terumas Ma'aser and Ma'aser Sheni must be separated from this produce since a minority of Amei ha'Aretz cannot be trusted to have separated them before selling the produce. Terumah Gedolah, however, because of its stringency, is presumed to have been separated. Ma'aser Rishon and Ma'aser Ani are separated from the produce, but they are eaten by the owner and not given to the Levi or the Ani (in keeping with the principle "ha'Motzi me'Chaveiro Alav ha'Re'ayah").
10)[line 13]áëåøéíBIKURIM
(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.
11)[line 14]ä÷øï åäçåîùHA'KEREN VEHA'CHOMESH - the principle and the [additional] fifth (GEZEL HA'GER)
If someone steals from a Ger who has no descendants (and therefore no legal relatives) and swears falsely to the Ger denying the theft, then later, after the Ger dies, admits to the theft and to the fact that his oath was false, he must bring a Korban Asham, give to the Kohanim the value of the stolen object and add a fifth (of the ensuing total, or a quarter of the original value) (see Bamidbar 5:8).
12)[line 19]ìà îñúééä...LO MISTAYEI...- Is it not enough for him...?
13)[line 21]àé àé÷øå òíIY IKRU AM- if they (the Leviyim) are called [part of the] nation (that is obligated to give the Zero'a, Lechayayim and Keivah, as the verse states, "v'Zeh Yiheyeh Mishpat ha'Kohanim me'Es ha'Am me'Es Zovchei ha'Zevach Im Shor Im Seh, v'Nasan la'Kohen ha'Zero'a veha'Lechayayim veha'Keivah" - "And this shall be the law of what the Kohanim receive from the people, from those that slaughter an animal whether a bull, or a sheep or goat: they shall give to the Kohen the two upper limbs of the right foreleg, the lower jaw, and the maw (the last of a cows four stomachs)" (Devarim 18:3).)
14)[line 26]ôøèPERET
Peret refers to individual (one or two) grapes that fall during the harvest. They may not be gathered by the owner of the vine but must be left for the poor, as stated in Vayikra (19:10), "... u'Feret Karmecha Lo Selaket, le'Ani vela'Ger Ta'azov Osam" - "... nor shall you gather the fallen grapes of your vineyard; you shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and the stranger."
15)[line 26]òåììåúOLELOS
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."
16)[line 26]ùëçäSHICHECHAH
See Background to Chulin 130:36.
17)[line 27]ôàäPE'AH
See Background to Chulin 130:37.
18)[line 27]ì÷èLEKET
See Background to Chulin 130:35.
19)[line 29]àéï áäí èåáú äðàä ìáòìéíEIN BAHEM TOVAS HANA'AH LA'BE'ALIM - the owners do not have the right to give them to the poor person of their choice (TOVAS HANA'AH)
(a)The words "Tovas Hana'ah" denote the trivial benefit (in terms of pleasure or compensation) that a person receives in return for giving away an object or goods to which he has only very limited rights.
(b)A common example of this is selecting a particular individual to be the recipient of a gift that he is obligated to bestow to others. For example, Terumah must be given to a Kohen, and Ma'aser to a Levi. The Tovas Hana'ah of a Yisrael who separates Terumah or Ma'aser from his produce is the right to give the Terumah or Ma'aser to the Kohen or Levi of his choice.
(c)Another example is selling an object to which one will not have full rights until a later date, or to which one may never gain full rights. For example, a woman only receives a Kesuvah from her husband if the husband dies before her or divorces her. She may sell her rights to collect the Kesuvah for Tovas Hana'ah. Since the possibility exists that she will die before her husband and the purchaser will not receive the Kesuvah, the Tovas Hana'ah of the Kesuvah is worth much less than the Kesuvah itself.
(d)The Gemara (Kidushin 58a) discusses whether Tovas Hana'ah has monetary value or not (see Insights to Kidushin 58:1).
20)[line 30]îòùø òðéMA'ASER ANI
See above, entry #9:a-c.
21)[line 37]"åÀëÇøÀîÀêÈ ìÉà úÀòåÉìÅì åÌôÆøÆè ëÌÇøÀîÀêÈ ìÉà úÀìÇ÷ÌÅè; [ìÆòÈðÄé åÀìÇâÌÅø úÌÇòÂæÉá àÉúÈí, àÂðÄé ä' àÁ-ìÉ÷ÅéëÆí]""V'CHARMECHA LO SE'OLEL, U'FERET KARMECHA LO SELAKET..."- "And you shall not gather the Olelos of your vineyard, and the Peret of your vineyard you shall not gather; [you shall leave them for the poor and the convert, [for] I am HaSh-m, your G-d]" (Vayikra 19:10).
22)[line 38]"ëÌÄé úÄáÀöÉø ëÌÇøÀîÀêÈ, ìÉà úÀòåÉìÅì àÇçÂøÆéêÈ; [ìÇâÌÅø ìÇéÌÈúåÉí åÀìÈàÇìÀîÈðÈä éÄäÀéÆä]""KI SIVTZOR KARMECHA, LO SE'OLEL ACHARECHA..."- "When you harvest the produce of your vineyard, do not gather the Olelos after you; [they shall be for the convert, the orphan and the widow]" (Devarim 24:21).
23)[line 40]"ëÌÄé úÇçÀáÌÉè æÅéúÀêÈ, ìÉà úÀôÈàÅø àÇçÂøÆéêÈ; [ìÇâÌÅø ìÇéÌÈúåÉí åÀìÈàÇìÀîÈðÈä éÄäÀéÆä]""KI SACHBOT ZEISCHA, LO SEFA'ER ACHARECHA..."- "When you harvest the produce of your olive tree, do not gather its last remaining fruit after you; [they shall be for the convert, the orphan and the widow]" (Devarim 24:20).
24)[last line]úôàøúåTIFARTO- its beauty, crown; i.e. the last remaining fruit
131b----------------------------------------131b
25)[line 1]"åÌáÀ÷ËöÀøÀëÆí àÆú ÷ÀöÄéø àÇøÀöÀëÆí, ìÉà úÀëÇìÌÆä ôÌÀàÇú ùÒÈãÀêÈ áÌÀ÷ËöÀøÆêÈ, åÀìÆ÷Æè ÷ÀöÄéøÀêÈ ìÉà úÀìÇ÷ÌÅè; ìÆòÈðÄé åÀìÇâÌÅø úÌÇòÂæÉá àÉúÈí, àÂðÄé ä' àÁ-ìÉ÷ÅéëÆí]""UV'KUTZRECHEM ES KETZIR ARTZECHEM, LO SECHALEH PE'AS SADCHA BI'KUTZRECHA, V'LEKET KETZIRCHA [LO SELAKET...]"- "And when you reap the harvest of your land, do not finish off the corner of your field while you reap, and the gleaning of the field do not gather; [leave them for the poor and the convert, [for] I am HaSh m, your G-d]" (Vayikra 23:22).
26)[line 3]"ëÌÄé úÄ÷ÀöÉø ÷ÀöÄéøÀêÈ áÀùÒÈãÆêÈ åÀùÑÈëÇçÀúÌÈ òÉîÆø áÌÇùÒÌÈãÆä, [ìÉà úÈùÑåÌá ìÀ÷ÇçÀúÌåÉ; ìÇâÌÅø, ìÇéÌÈúåÉí, åÀìÈàÇìÀîÈðÈä éÄäÀéÆä, ìÀîÇòÇï éÀáÈøÆëÀêÈ ä' àÁ-ìÉ÷ÆéêÈ áÌÀëÉì îÇòÂùÒÅä éÈãÆéêÈ]""KI SIKTZOR KETZIRCHA V'SADECHA V'SHACHACHTA OMER BA'SADEH..."- "When you reap the harvest in your field, and you forget a sheaf in the field, [do not return to take it; it shall be for the convert, the orphan, and the widow, so that HaSh-m, your G-d, will bless you in all of your endeavors]" (Devarim 24:19).
27)[line 5]"ëÌÄé úÇçÀáÌÉè æÅéúÀêÈ, ìÉà úÀôÈàÅø àÇçÂøÆéêÈ; [ìÇâÌÅø ìÇéÌÈúåÉí åÀìÈàÇìÀîÈðÈä éÄäÀéÆä]""KI SACHBOT ZEISCHA, LO SEFA'ER ACHARECHA..."- see above, entry #23
28)[line 13]ðúéðä ëúéáà áéäNESINAH KESIVAH BEI- a word related to "Nesinah" ("v'Nasata") is written with regard to it (source: Devarim 26:12)
29)[line 20]ìáúø ã÷ðñéðäå òæøàL'VASAR D'KANSINHU EZRA - after they were fined by Ezra (KENAS EZRA)
(a)See above, entry #5:a-b.
(b)Ezra ha'Kohen fined the Leviyim of his time who did not come with him back from Bavel to Eretz Yisrael and decreed that from then on Ma'aser Rishon shall be given to the Kohanim (Ezra 8:15, Yevamos 86b).
30)[line 30]"åÀëÄôÌÆø àÆú îÄ÷ÀãÌÇùÑ äÇ÷ÌÉãÆùÑ, åÀàÆú àÉäÆì îåÉòÅã, åÀàÆú äÇîÌÄæÀáÌÅçÇ éÀëÇôÌÅø; åÀòÇì äÇëÌÉäÂðÄéí åÀòÇì ëÌÈì òÇí äÇ÷ÌÈäÈì éÀëÇôÌÅø""V'CHIPER ES MIKDASH HA'KODESH V'ES OHEL MO'ED V'ES HA'MIZBE'ACH YECHAPER; V'AL HA'KOHANIM V'AL KOL AM HA'KAHAL YECHAPER"- "He shall bring atonement for the holy [inner] sanctuary, for the Tent of Meeting, and for the [golden] altar; and for the Kohanim and for all of the people of the community he shall bring atonement" (Vayikra 16:33) - This verse is stated after the description of all of the Avodah (the service of the Kohen Gadol) of Yom ha'Kipurim.
31)[line 31]òæøåúAZAROS- [the Tum'ah of] the courtyards [of the Beis ha'Mikdash (i.e. the Ezras Kohanim, Ezras Yisrael and Ezras Nashim, each of which has its own rules as to the level of Taharah required in order to enter them — see Kelim 1:8)
32)[line 35]åäìëúà ëååúéä ãøá çñãàHILCHESA KEVASEI D'RAV CHISDA- the Halachah follows that opinion of Rav Chisda (who rules that one who causes damage to the Matnos Kehunah, or one who steals them and keeps them for himself and does not give them to a Kohen, has no obligation to compensate the Kohanim — Chulin 130b)
33)[last line]"åÀëÈì îÄðÀçÇú ëÌÉäÅï ëÌÈìÄéì úÌÄäÀéÆä; ìÉà úÅàÈëÅì""V'CHOL MINCHAS KOHEN KALIL TIHEYEH; LO SE'ACHEL"- "And every flour-offering of a Kohen shall be entirely offered; it shall not be eaten" (Vayikra 6:16; see Background to Menachos 74:22).