1)

(a)Our Mishnah considers Erchin more stringent than Damim in that if someone declares 'Erchi Alai' and dies, the heirs must pay Erech, but not Damim if he declared 'Dami Alai' - because a dead person has no Damim (which only falls due after the assessment [whereas the Erech, which is fixed, falls due at the time of the declaration.

(b)The Beraisa nevertheless obligates Reuven to pay Shimon's value if his Mu'ad ox gored Shimon and killed him - because (like by Erchin), the obligation to pay falls due immediately (and the assessment is a technicality, not a Halachic requirement).

2)

(a)Our Mishnah rules that ...

1. ... although Erech Yadi and Erech Ragli ... Alai are Patur, Erech Roshi and Erech Keveidi ... Alai are Chayav - because they are limbs upon which one's life depends, as we have already learned).

2. ... Chatzi Erki Alai - pays half his Erech to Bedek ha'Bayis, whereas Erech Chatzyi Alai - must pay his full Erech.

3. ... Chatzi Dami Alai must pay - half his value, and D'mei Chetzyi Alai, his full value.

(b)If someone declares 'Erko shel P'loni Alai', and both the Noder and the Nidar are no longer alive - the Yorshin of the former must pay the Erech of the latter.

(c)The Tana rules by 'Damav shel P'loni Alai', that ...

1. ... if the Noder died - the heirs remain obligated to pay.

2. ... the Nidar died - the Noder is exempt from paying (as we just explained).

3)

(a)The Beraisa lists two Chumros of Nedarim over Erchin, one of them, in that the former are not subject to Heseg Yad, the other that - they extend to animals, whereas Erchin are confined to people.

(b)The one Chumra of Erchin over Nedarim is the fact that - if the Ne'erach dies, the heirs remain obligated to pay, which the Noder's heirs, in the equivalent case, are not,.

(c)We refute the proof from the fact that the heirs are Chayav, that Milveh al Peh Govah min ha'Yorshin - inasmuch as Erchin is also a Milveh ha'Kesuvah ba'Torah, which might be the reason why they are Chayav.

(d)And to refute the proof from here that at least Milveh ha'Kesuvah ba'Torah is ki'Chesuvah bi'Sh'tar, we establish the Beraisa - where the father already appeared in Beis-Din before he died, and they obligated him to pay (transforming the obligation into a regular Milveh bi'Sh'tar).

(e)Dami Alai is nevertheless not also Chayav in such a case - because the Nidar was not assessed before his death, as we already learned.

4)

(a)Rav Gidal Amar Rav comments on the ruling of our Mishnah 'Erech Yadi ve'Ragli Alai, Lo Amar K'lum' that - he is nevertheless obligated to pay the intrinsic value of his arm or leg.

(b)We query this comment, however - based on the Lashon 'Lo Amar K'lum' (which appears to negate Rav Gidal's ruling).

(c)We therefore establish our Mishnah like the Rabbanan, and Rav Gidal Amar Rav like Rebbi Meir, who holds (in the first Perek) 'Ein Adam Motzi Devarav le'Vatalah'.

(d)Rav Gidal Amar Rav also rules that someone who declares 'Erech K'li Zeh Alai' - must pay its value to Hekdesh.

(e)He nevertheless finds it necessary to repeat the ruling in our case, because we might otherwise have thought that - whereas everybody knows that a K'li has no Erech (in which case the Noder must have meant Damim and not Erech), not everybody knows that Erech does not apply to any limb of the animal, in which case he must have meant what he said and he will remain Patur.

5)

(a)Our Mishnah learns from ...

1. ... "be'Erk'cha Nefashos" that - Erech Roshi and Erech Keveidi ... Alai, Nosen Erech Kulo.

2. ... "Neder be'Erk'cha Nefashos" that - 'D'mei Chetzyi Alai, Nosen Demei Kulo'.

(b)He extrapolates the latter ruling from this Pasuk - by virtue of the Hekesh of Damim to Erchin.

(c)'Zeh ha'Kelal, Davar she'ha'Neshamah Teluyah bo ...

1. ... Nosen Erech Kulo' comes to include - a case where the Ma'arich specified his upper leg, and the same applies to ...

2. ... the equivalent case with Damim.

6)

(a)In connection with the ruling in our Mishnah "Chatzi Erki Alai, Nosen Chatzi Erko", Rebbi Yossi b'Rebbi Yehudah says - 'Lokeh ve'Nosen Erech Shalem'.

(b)Rav Papa interprets Lokeh' to mean that - he has to suffer paying his full Erech ...

(c)... because Rebbi Yossi b'Rebbi Yehudah decrees 'Chatzi Erki' on account of 'Erech Chetzyi'.

7)

(a)Abaye and the Rabbanan paid Rabah a visit - because he was sick.

(b)They queried the Rabbanan in the Beraisa (where Rebbi Meir obligates someone who is Ma'arich Chatzi Erech K'li to pay Hekdesh the full value of the K'li), who hold - 'Lo Amar K'lum'.

8)

(a)Rebbi Meir holds 'Ein Adam Motzi Devarav le'Vatalah' (even by Chetzyo). From the fact that the Rabbanan say their Din by Chetzyo (see Shitah Mekubetzes 13), we can extrapolate that - they hold that, if he would declare the Erech of the entire K'li, then the owner would be Chayav (like Rebbi Meir).

(b)The problem Rabah's visitors had with that was that - if the Rabbanan hold 'Adam Motzi Devarav le'Vatalah', then he ought to be Patur, even in a case of Kulo?

(c)Rabah answered that, in principle, the Rabbanan follow the opinion of Rebbi Meir, thereby clarifying - why they concede to Rebbi Meir in the case of Kulo.

(d)And they argue with him by Chetzyo, because they hold like Rebbi Shimon, who holds that - whenever someone is Makdish unconventionally (such as 'Harei Alai Minchah min ha'Se'orin', or someone who is Ma'arich Chatzi Erech K'li [see Shitah Mekubetzes 15]), his Hekdesh does not take effect.

9)

(a)We will establish the final case in our Mishnah 'ha'Omer Erko shel P'loni Alai u'Meis ha'Noder ve'ha'Nidar, Yitnu ha'Yorshin' - where Beis-Din obligated the Noder to pay before he died.

(b)The problem with this ruling is that - the Mishnah has already taught us this once (with regard to Erchin), so why does it need to repeat it?

(c)We answer that the Tana needs it because of the Seifa 'Damav shel P'loni Alai, u'Meis ha'Noder, Yitnu ha'Yorshin', where we might otherwise have thought that - the Yorshim are Patur, seeing as no assessment has yet been made.

(d)And the reason that he is nevertheless Chayav is - because once the Noder has been instructed by the Beis-Din to pay, the assessment becomes no more than a formality.

10)

(a)Our Mishnah rules that, in a case where someone declares 'Shor Zeh Olah' or 'Bayis Zeh Korban' (to Bedek ha'Bayis), and the one dies or the other collapses - he is not Chayav to replace it.

(b)However, the Tana adds - there where the Noder added 'Alai', he is Chayav.

11)

(a)Rebbi Chiya bar Rav confines the Seifa of our Mishnah to where the Noder declared 'D'mei Shor Zeh Alai Olah', but if he says 'Shor Zeh Alai Olah' without adding 'D'mei' - he will be Patur ...

(b)... because 'Alai' together with 'Zeh' - implies that, on the one hand, he is willing to bring it to Yerushalayim, but on the other, he refuses to accept liability.

(c)The addition of 'D'mei is different' - inasmuch as the money, on which he said 'Alai', did not get lost. The Beheimah did, but 'Alai' pertains (not to the Beheimah, but) to the money.

12)

(a)We query Rebbi Chiya bar Rav however, from a Beraisa, where the Tana rules that in a case where ...

1. ... someone declares 'Shor Zeh Olah' (apart from the fact that the ox is Hekdesh) - it is also subject to Me'ilah.

2. ... the animal then dies or is stolen - he is not Chayav to replace it

(b)The Tana continues that if the owner adds the word 'Alai', then he is Chayav to replace it. We reconcile Rebbi Chiya bar Rav with this latter ruling - by adding the word 'D'mei' to the case (just as we established our Mishnah).

(c)We counter this with the Seifa however, where the Beraisa rules with regard to ...

1. ... 'D'mei Shor Olah - ha'Shor Chulin ve'Ein Mo'alin bah'.

2. ... 'Meis O Nignav - Eino Chayav be'Acharayuso'.

(d)The Beraisa does in fact - obligate him to replace the it, once he sells the animal.

13)

(a)The problem that the Seifa creates with the fact that we established the Reisha by 'D'mei' is that - since it specifically speaks there about D'mei, it implies that the Reisha does not.

(b)So we establish both the Reisha and the Seifa by D'mei, but in different circumstances - the Reisha where he is Makdish the ox for its Damim, the Seifa where he is Makdish the Damim only when it comes.

(c)We know that 'Alai' (in the case of 'D'mei') denotes the acceptance of liability, and not just the undertaking to bring it, like we explained earlier - since (as opposed to the ox there), the money is not yet available, nor did he (or could he) say 'Halalu', like he said 'Zeh' there.

(d)The problem with establishing the Seifa in this way is that - it contravenes the principle Ein Adam Makdish Davar she'Lo Ba le'Olam.

14)

(a)Rav Yehudah Amar Rav answers by establishing the Beraisa like Rebbi Meir, who holds - Adam Makdish Davar she'Lo Ba le'Olam.

(b)Others explain that Rav Papa asked Abaye (or Rami bar Chama, Rav Chisda) whether the author was Rebbi Meir, to which he replied - 'Who else?'