12th Cycle Dedication

ERCHIN 18 - Dedicated in honor of Mordechai ben Moshe ha'Kohen, by Josh Rebbi Danziger of Cliffside Park, New Jersey.

[18a - 51 lines; 18b - 40 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 18a DH Margelis l'Kalim ã"ä îøâìéú ì÷ìéí:

The words "v'Ein l'Hekdesh" åàéï ìä÷ãù

should be "d'Ein l'Hekdesh" ãàéï ìä÷ãù

[2] Rashi DH Shanah Yeseirei ã"ä ùðä éúéøé:

Should be corrected as suggested by Shitah Mekubetzes #11

[3] Rashi 18b DH Shani Simanim d'Gufo ã"ä ùðé ñîðéí ãâåôå:

"sheb'Makom Basar Nidon b'Se'ar Lavan uv'Pisyon" ùáî÷åí áùø ðéãåï áùéòø ìáï åáôùéåï

Perhaps the word "uv'Michyah" åáîçéä should be substituted for "uv'Pisyon," åáôùéåï since Pisyon applies to all Nega'im, even those in places that grow hair, whereas Michyah îçéä does not, as the Mishnah teaches in Nega'im 3:3, 5 (see RASHASH and SHITAH MEKUBETZES #7)

[4] Rashi 18b DH Mai Taima ã"ä îàé èòîà:

The words, "Dumya d'Hanach" ãåîéà ãäðê mark the beginning of a new Dibur

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1)[line 2]ùôåéSHAFUY- sane

2)[line 7]ñéàäSI'AH- group

3a)[line 17]îåçëøúMUCHKERES- rented out for a fixed share in the profit

b)[line 17]åîåùëøúU'MUSKERES- and he rented out for a fixed sum of money

4)[line 18]ùëéøåú àéðä îùúìîú àìà ìáñåóSECHIRUS EINAH MISHTALEMES ELA LEVA'SOF

The wages of a hired worker, or payment of rent, is not due until the work has been completed, or until the end of the term of rental.

5)[line 21]àéëøIKAR- a farmer

6)[line 21]öîãåTZIMDO- his pair of working animals tied to a yoke

7)[line 21]åçîøV'CHAMAR- and a donkey-driver

8)[line 30]îøâìéú ì÷ìéíMARGELIS LA'KALIM- a gem of poor people. The value of a gem is assessed according to how much it is worth in the place where the poor person lives, and according to the time of the vow. We do not assess it according to its value if it would be taken to a large city or if we would wait for a merchant to town.

9)[line 31]ìéãåï áëáåãåLIDON BI'CHEVODO- to be assessed according to an honorable limb of his body. If a person made a vow to give to Hekdesh an honorable limb of his body (i.e. a limb without which he cannot live), he is obligated to give to Hekdesh his full value.

10)[line 46]îåôðäMUFNEH - is it free (are the words being used for the Gezeirah Shavah not used to teach anything else)? (GEZEIRAH SHAVAH)

(a)In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is Gezeirah Shavah, which is a Halachic device by which two similar words in the Torah from different subjects teach that laws from one subject apply to the other.

(b)A sage may use the method of Gezeirah Shavah only if he received a tradition from his teachers that a Gezeirah Shavah exists between the two words. However, the comparison that he makes regarding which laws are applied from one subject to the other may be his own, if he did not learn it directly from his teachers.

(c)MUFNEH MI'SHENEI TZEDADIM - If two similar words in the Torah are free of any Derashah, they may be used unconditionally for the inference of a Gezeirah Shavah between the two topics.

(d)MUFNEH MI'TZAD ECHAD - If only one of the words is free, there is a Machlokes whether they may be used unconditionally for the inference of a Gezeirah Shavah (Lemedin v'Ein Meshivin), or if they can only be used for a Gezeirah Shavah if we have no logical argument against learning the Gezeirah Shavah (Lemedin u'Meshivin).

(e)EINO MUFNEH KOL IKAR - If both words are used for another Derashah, there is a Machlokes whether they can only be used for a Gezeirah Shavah if we have no logical argument not to learn the Gezeirah Shavah, or if they cannot be used at all for a Gezeirah Shavah.

11)[line 49]òã åòã áëììAD V'AD BI'CHLAL

The word "Ad," "until," when used in any phrase usually has two possible meanings. It may mean "Ad v'Ad bi'Chelal," "until and including [the target of the phrase]," or "Ad v'Lo Ad biChelal" - "until but not including [the target of the phrase]."

12)[line 50]éëåì øàùåï åìà øàùåï áëììYACHOL RISHON V'LO RISHON BI'CHELAL- we might have thought that the Isur of Chametz is from the first day of Pesach but not including the first day. That is, although it is clearly prohibited to eat Chametz all seven days, we might have thought that eating Chametz the first and last days is not punishable with Kares (TOSFOS DH Yachol).

18b----------------------------------------18b

13)[line 1]"îøàùå åòã øâìéå""ME'ROSHO V'AD RAGLO"- "[And if Tzara'as breaks out in the skin, and the mark covers all the skin of him who has the disease] from his head to his foot, [wherever the Kohen looks]" (Vayikra 13:12) - When the mark of Tzara'as spreads over a person's entire body, he becomes Tahor, as the verse states, "Kulo Hafach Lavan Tahor Hu" (Vayikra 13:13). (See Background to Erchin 3:4b.)

14a)[line 10]ñéîðéí ãâåôåSIMANIM D'GUFO - signs of Tzara'as on a person's body (TZARA'AS: SIMANEI TZARA'AS HA'GUF)

(a)The signs of Tum'ah for Nig'ei Basar are:

1.the lesion spreads ("Pisyon");

2.two or more white hairs ("Se'ar Lavan") grow inside the lesion after it appears on the skin;

3.a patch of normal looking skin ("Michyah"), measuring two by two hairs or more, appears in middle of the Nega. See Background to Erchin 3:4b.

b)[line 10]ñéîðéí ãøàùåSIMANIM D'ROSHO - signs of Tzara'as on a person's head (TZARA'AS: SIMANEI TZARA'AS HA'ROSH)

(a)The signs of Tum'ah of "Nesek," Tzara'as that appears beneath the hair of the scalp, beard or eyebrows, are:

1.the Nesek spreads ("Pisyon") — that is, more hair falls out around the periphery of the original Nesek;

2.two or more thin, golden hairs ("Se'ar Tzahov Dak") grow inside the Nesek after it appears on the skin. See Background to Erchin 3:4b.

15)[line 18]áúé òøé çåîäBATEI AREI CHOMAH

Batei Arei Chomah are houses from a city that was walled at the time of Yehoshua's conquest of Eretz Yisrael. If a person sold a house in one of the Arei Chomah, the Torah gives him the right to purchase it back within one year of selling it. If he does not buy it back during that time, it becomes the permanent ("Chalut") property of the buyer (Vayikra 25:29-30).

16)[line 18]ùúé ùðéí ùáùãä àçåæäSHTEI SHANIM SHEBI'SEDEI ACHUZHAH

It is forbidden to buy back a Sedeh Achuzah (ancestral field) that was sold until two years have passed since its sale. See Background to Erchin 13:14.

17)[line 19]ùù ùðéí ùáòáã òáøéSHESH SHANIM SHEB'EVED IVRI (EVED IVRI - a Jewish slave)

(a)There are two ways that a Jewish man can be bought as a slave by another Jew. Either he may sell himself because he is destitute, or he may be sold by Beis Din to pay back a theft. During his term as a slave, his master must support his family (Kidushin 22b). The master may not make his Eved Ivri do disgraceful work for him, nor may he treat him as one normally treats a slave. For example, if the master has only one pillow, he must give it to his Eved Ivri rather than keep it for himself (Kidushin 20a).

(b)If the slave was married before he was sold, the master has the right to give him a Nochri maidservant to bear him children who will become the slaves of the master (Shemos 21:4). (One who is not an Eved Ivri is forbidden to have relations with a maidservant.)

(c)An Eved Ivri is obligated to work for his master for only six years (Shemos 21:2) or until the Yovel year (see Background to Bava Basra 112:6), whichever comes first (Kidushin 14b, 16a). At any time during his term, he may go free if he or someone else pays his master the money remaining from the sum that the master paid for him, prorated to the amount of time that he worked. If at the termination of six years he expresses his desire to continue life as a slave, the master takes the slave to Beis Din, and stands the slave near a doorpost and pierces his right ear and the door with an awl. This is known as Retzi'ah, and an Eved Ivri upon whom this is performed is called a "Nirtza." A Nirtza slave must continue to serve his master until the Yovel year (ibid. 21:6) or until his master dies. Whenever an Eved Ivri goes free, under most circumstances his master must give him monetary gifts valued at 15, 30 or 50 Sela'im, according to the various opinions (Kidushin 17a). This is known as Ha'anakah (Devarim 15:14).

18)[line 20]îòú ìòúME'ES L'ES- calculated by the passing of an exact cycle of time (lit. "from time to time"). That is, their periods end after complete astronomical years have passed from the day and time of day when they started.

19)[line 32]ìôø÷éï ãéåöà ãåôïL'PIRKIN D'YOTZEI DOFEN- for the cases discussed in the chapter titled "Yotzei Dofen" (the fifth chapter of Nidah)

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