The reference numbers below that appear in parentheses (e.g., TY #43) represent vessels or parts of the structure of the Beis ha'Mikdash. The labeling follows that of the diagram of the Tiferes Yisrael. This diagram, which has been included in a separate mailing and can also be found on our site (at http://www.dafyomi.co.il/midos/mids-charts.htm), is printed both in the Tiferes Yisrael Mishnayos (Midos Chapter 2 or following Midos) and in Rav P. Kahati's Mishnayos (page 290, at the beginning of Midos).
[12a - 51 lines; 12b - 31 lines]
1)[line 1]אליבא דרבי אליעזר, כולי עלמא לא פליגיALIBA D'REBBI ELIEZER, KULEI ALMA LO PELIGEI- that is, the opinion that rules "Mesah Chehunah" rules like Rebbi Yehoshua, and most certainly not like Rebbi Eliezer, since Rebbi Eliezer retroactively invalidates the acts of Divine service of the Kohen/Ben Gerushah, which concurs with the opinion that rules "Batlah Chehunah"
2)[line 4]"[ישימו קְטוֹרָה באפך וכליל על מזבחך.] בָּרֵךְ ה חילו ופועל ידיו תרצה...""[YASIMU KETORAH B'APECHA, V'CHALIL AL MIZBECHECHA.] BARECH HASH-M CHEILO, U'FO'AL YADAV TIRTZEH..."- "[They shall place incense in Your presence and cause sacrifices to be consumed on Your altar.] HaSh-m, bless his wealth, and favor the work of his hands..." (Devarim 33:10-11) - It is possible that Rebbi Yehoshua learns like Avuha di'Shmuel (Kidushin 66b, but see Pesachim 72b), who takes the word "חילו" "Cheilo" as a hint to the word "Chalalim."
3)[line 5]חלליןCHALALIN - profaned descendants of the Kohanim
See Background to Makos 11:50.
4)[line 7]שתי טעיות טעה יואבSHTEI TA'UYOS TA'AH YO'AV- Yo'av made two mistakes
5)[line 8]"[וְהַשְּׁמֻעָה באה עד יואב, כי יואב נטה אחרי אדניה ואחרי אבשלום לא נטה;] וינס יואב אל אהל ה' ויחזק בקרנות המזבח'""... VA'YANOS YO'AV EL OHEL HASH-M VA'YACHAZEK B'KARNOS HA'MIZBE'ACH"- "[The news reached Yo'av [and worried him], because Yo'av had turned after Adoniyah, but he had not turned after Avshalom;] and Yo'av fled to the tent of HaSh-m and he grabbed hold of the horns of the Mizbe'ach (altar)" (Melachim I 2:28).
6)[line 11]מזבח בית עולמים / מזבח של שילהMIZBACH BEIS OLAMIM / MIZBACH SHEL SHILOH (BAMAH GEDOLAH / BAMAH KETANAH / MIZBE'ACH)
(a)BAMAH - A Bamah is a raised area used for sacrifices. Before the Beis ha'Mikdash was built (when the Mishkan was not in use), there were times when it was permitted to offer sacrifices on public altars (Bamas Tzibur or Bamah Gedolah) and private altars (Bamas Yachid or Bamah Ketanah) (see Insights to Pesachim 91:2).
(b)BAMAH GEDOLAH - Only one public altar was in use at any particular time. At various times in our history, the Bamah Gedolah was in Gilgal (where the Mishkan stood before the land was completely conquered, until it was moved to Shiloh), Nov and Giv'on (after the Mishkan in Shiloh was destroyed, see Zevachim 112b). An individual could offer only voluntary sacrifices on a Bamah Gedolah. There is a difference of opinion among the Tana'im as to whether all communal sacrifices could be offered on a Bamah Gedolah or only the communal sacrifices that have a fixed time (Zevachim 117a).
(c)BAMAH KETANAH - Any person, even if he was not a Kohen, could build a Bamah Ketanah anywhere in Eretz Yisrael and offer upon it his personal sacrifices. Only voluntary sacrifices could be offered on a Bamah Ketanah.
(d)MIZBE'ACH - The Mishkan was built in Shiloh, a city in the portion of Efrayim, after the 14 years of conquest and apportionment of Eretz Yisrael. A Mizbe'ach (altar) was built to replace the Bamos, and as long as the Mishkan stood in Shiloh, sacrificing on the Bamos was prohibited. The Tana'im argue as to whether this Mizbe'ach was a stone structure or whether it was the hollow wooden Mizbe'ach overlaid with copper that was constructed for the Mishkan in the desert, filled with stones (Zevachim 61b). The Mishkan stood in Shiloh for 369 years (Seder Olam Rabah 11).
(e)The Beis Olamim is the Beis ha'Mikdash. It was called by this name, the "Eternal Dwelling," because once it was chosen, it became the permanent dwelling place of the Shechinah. Once again the Bamos were prohibited, but this time permanently. The Mizbach ha'Chitzon (Outer Mizbe'ach) or Mizbach ha'Olah (Mizbe'ach of the Korban Olah) of the Beis ha'Mikdash consisted of three concrete and stone platforms poured one on top of the other. (For a description of the Mizbe'ach ha'Chitzon, see Background to Sukah 45:15.)
(f)Our Gemara relates that Yo'av ran to "Ohel HaSh-m" and grabbed on to the horns of the Mizbe'ach. A distinction is then made between the Mizbe'ach of Shiloh and that of the Beis ha'Mikdash, which indicates that Yo'av ran to Shiloh and not to the Beis ha'Mikdash (which had not yet been built). RASHI explains that rather than Shiloh (where the Mishkan had long since been destroyed), the intention of the Gemara is to distinguish between the Mizbe'ach of the Beis ha'Mikdash and the Mizbe'ach that David ha'Melech built in Ir David (the present-day Shilo'ach section of Yerushalayim), in front of the tent that David constructed to house the Aron ha'Kodesh (Shmuel II 6:17).
7)[line 13]שרו של רומיSARO SHEL ROMI- the Guardian Angel of Rome (Esav), also known as "Sa-mael"
8)[line 14]"מי זה בא מאדום חמוץ בגדים מבצרה...""MI ZEH BA ME'EDOM, CHAMUTZ BEGADIM MI'BATZRAH..."- "Who is this coming from Edom, from Batzrah with soiled garments..." (Yeshayah 63:1).
9a)[line 14]בצרBETZER- one of the cities of refuge (Devarim 4:43, see below, entry #10)
b)[line 15]לבצרהBATZRAH- (a) a city of Moav (RASHI to Yeshayah 63:1); (b) a fortified city, from the same root as the word "Mivtzar" (METZUDAS TZIYON)
10)[line 16]ערי מקלטAREI MIKLAT (AREI LEVIYIM / AREI MIKLAT)
(a)AREI LEVIYIM - When the land of Yisrael was divided among the tribes of Yisrael, all tribes received a portion of land, except for the tribe of Levi (Bamidbar 26:62, Yehoshua 14:4). The Leviyim were settled in the six Arei Miklat (cities of refuge) and in forty-two other cities that were designated as "Arei Leviyim" (Yehoshua 21:3-39).
(b)Part of the grant of land that the Leviyim received was the 2000-Amah Techum (the city limits) surrounding each of these cities. The first one thousand Amos from the wall of the city is called the Migrash of the city. It is left unplanted and is known as the "Noy ha'Ir" (the beauty of the city). The remaining one thousand Amos is designated for fields and vineyards (Sotah 27b).
(c)AREI MIKLAT - A person who murders intentionally after having been previously warned is liable to the death penalty. A person who murders unintentionally is exempt from the death penalty, but is punished with Galus (banishment, exile).
(d)When it is proven that a person killed unintentionally, he is banished to one of the six Arei Miklat or one of the forty-two cities of the Leviyim. He must stay there and not leave the city or its Techum for any reason whatsoever until the death of the Kohen Gadol who served at the time that he was sentenced to banishment (Bamidbar 35:9-34).
(e)If the unintentional murderer leaves his city of refuge, the Go'el ha'Dam (the closest relative of the murdered person) is permitted to avenge the death of his relative and kill the murderer.
11)[line 16]לא נתנו לקבורהLO NITNU LI'KEVURAH- they are not designated for burial, i.e. cemeteries or burial caves may not be constructed in them
12)[line 17]"[והיו הערים להם לשבת;] ומגרשיהם יהיו לבהמתם ולרכושם ולכל חַיָּתָם""... U'MIGRESHEIHEM YIHEYU LI'VEHEMTAM VELI'RECHUSHAM ULE'CHOL CHAYASAM"- "... and their outer grounds shall be for their animals and their possessions and for all of their livelihood" (Bamidbar 35:3).
13)[line 18]"[אשר נס] שמה""... [ASHER NAS] SHAMAH"- "[to which he fled] there" (Bamidbar 35:25) - The Tosefta (Makos 2:2) learns the three Halachos of our Mishnah from three verses in which the word "Shamah" appears: "ונס שמה" "v'Nas Shamah" (ibid. 35:11); "אשר נס שמה" "Asher Nas Shamah" (ibid. 35:25); "אשר ינוס שמה" "Asher Yanus Shamah" (ibid. 35:26).
14a)[line 20]לקלוטLIKLOT- in which to find refuge (such that he is not able to be killed by the Go'el ha'Dam)
b)[line 20]לדורLADUR- in which to live
15a)[line 21]שדהSADEH- a field, further than 1000 Amos from a city of the Leviyim (see above, entry #10:b)
b)[line 21]מגרשMIGRASH- an open space within the first 1000 Amos from a city of the Leviyim (see above, entry #10:b)
c)[line 21]עירIR- a city of the Leviyim (see above, entry #10:a)
16)[line 22]למחילותMECHILOS- underground tunnels
17)[line 26]רוצח שיצא חוץ לתחוםROTZE'ACH SHE'YATZA CHUTZ LI'TECHUM- the [unintentional] murderer who went out of the city limits [of the city to which he fled]. (According to RABEINU CHANANEL (and the implication of the following Gemara), this Halachah applies even before the Rotze'ach has been tried for the murder, and can be understood according to the Mishnah - Daf 9b)
18a)[line 35]במזיד, נהרגB'MEZID, NEHERAG- [if the unintentional murderer] intentionally [leaves the city to which he fled], he is killed [by the Go'el ha'Dam, who is not punished for murdering him]
b)[line 35]בשוגג, גולהB'SHOGEG, GOLEH- [if the unintentional murderer] unintentionally [leaves the city to which he fled], he is sent [back] to Galus [and may not be killed by the Go'el ha'Dam, who would be punished for murdering him]
19)[line 36]דברה תורה כלשון בני אדםDIBRAH TORAH KI'LESHON BENEI ADAM - the Torah [in this instance] speaks in the manner of man
(a)Every word in the Torah is holy and contains worlds of insights and nuances. However, certain sages of the Mishnah felt that there were some phrases recorded in the Torah that paralleled people's speech, and should not be used for homiletics or insights.
(b)The opinion that rules Dibrah Torah ki'Leshon Benei Adam would only learn one Halachah from the verse "ואם יָצֹא יֵצֵא הרֹצח", and only if the unintentional murderer intentionally leaves the city to which he fled may he be killed by the Go'el ha'Dam. If he leaves unintentionally, he is sent back to Galus.
20)[line 42]אין הבן נעשה שליח לאביוEIN HA'BEN NA'ASEH SHALI'ACH L'AVIV- a son may not be appointed as an emissary for Beis Din against his father (to hit or curse him) (see Insights to Sanhedrin 85:2)
21)[line 43]ממסיתMESIS
(a)A man or woman who leads a fellow Jew astray by trying to influence him or her to commit idolatry, is put to death by stoning (Devarim 13:7-12). It makes no difference if anyone actually committed idolatry or not.
(b)Certain Halachos of Mesis are more stringent than any other capital offence of the Torah. A Mesis does not need a warning to be found guilty; however, he must perform the Hasasah in front of two witnesses in order to be put to death. Even if the witnesses stood in a concealed place, it is possible for the Mesis to be found guilty of Hasasah, whereas in all other capital punishment cases this testimony would be invalid (RAMBAM Hilchos Avodah Zarah 5:1-5). In addition, the Gemara (Sanhedrin 53a) teaches, Beis Din is not enjoined to find reasons to acquit the Mesis, as Beis Din is enjoined to do in the case of every other capital offender.
(c)Our Gemara teaches that if one's father is a Mesis, his son may be appointed as an emissary for Beis Din to kill his father.
22)[line 43]"[ו]לא תחמול ולא תכסה עליו""LO SACHMOL V'LO SECHASEH ALAV"- "Do not have compassion on him and do not cover for him" (Devarim 13:9).
23)[line 45]ונופוNOFO- its branches
24)[line 48]מעשרMA'ASER (MA'ASER SHENI:ACHILASO / PIDYONO / KELITAH)
(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 (Bamidbar 18:12; Devarim 18:4). Although the Torah does not specify the amount to be given, the Rabanan set the requirement at approximately 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 (Bamidbar 18:21). The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen (Bamidbar 18:26).
(b)The produce may not be eaten until all Terumos and Ma'asros 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 (Devarim 14:28-29).
(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 (Devarim 14:22-27). Anyone who eats Ma'aser Sheni produce outside of the walls of Yerushalayim (without Pidyon, redemption - see (e) below) receives Malkos (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 (Vayikra 27:30-31).
25)[line 48]מעשר, בחומה תלה רחמנאMA'ASER B'CHOMAH TALAH RACHMANA- Ma'aser Sheni depends upon the walls of Yerushalayim
26)[line 49]בעיקרו לא מתדר ליהB'IKARO LO MISDAR LEI- a person is not able to live on the trunk of a tree (as opposed to a tree house in its branches)
12b----------------------------------------12b
27)[line 4]פריקPARIK- redeem
28)[line 6]פדייהPEDIYAH- redemption
29)[line 12]הא גואי קאי!HA GAVAI KAI!- but he is inside [of a city of refuge, where he should be protected from death]!
30a)[line 14]בחציםCHITZIM- arrows
b)[line 14]ובצרורותTZEROROS- pebbles, stones
31)[line 15]במהוי עיקרו דרגא לנופוBI'MEHEVEI IKARO DARGA L'NOFO- if its trunk (which is inside) serves as a step to its branches (which are outside, and it is impossible to kill him without climbing up from the trunk)
32)[line 21]"[ואשר לא צדה, והא-לקים אנה לידו,] ושמתי לך מקום [אשר ינוס שמה]""... V'SAMTI LECHA MAKOM [ASHER YANUS SHAMAH]"- "[And if a man does not lie in wait, but HaSh-m has caused it (the accidental murder) to come into his hand;] then I will appoint you a place [where he shall flee]" (Shemos 21:13).
33)[line 22](ממקומך) [במקומך](MI'MEKOMCHA) BI'MEKOMCHA (MACHANEH LEVIYAH)
There are three main Machanos (designated holy areas) within the city of Yerushalayim, corresponding to their respective areas in the Midbar (desert):
(a)The entire area within the walls of Yerushalayim, excluding Har ha'Bayis, is Machaneh Yisrael. This area corresponded to the area of encampment of the twelve tribes in the Midbar. Machaneh Yisrael is off-limits to Metzora'im (see Background to Bava Metzia 86:29. For a full discussion of the process by which a Metzora becomes Tahor, see Background to Kidushin 35:24). Metzora'im are also forbidden to enter any walled city in Eretz Yisrael.
(b)The area between the Azarah and the wall encompassing Har ha'Bayis, including the Ezras Nashim courtyard (TY #10), is Machaneh Leviyah. This corresponded to the area around the Mishkan, where the Leviyim encamped. In the desert, this area served as a city of refuge, as our Gemara teaches. Not only Metzora'im are prohibited to enter this area, but also Zavin and Zavos (see Background to Bava Kama 24:2, 5), Nidos (see Background to Moed Katan 14:4) and Yoldos (see Background to Kidushin 13:16).
(c)The entire area within the Azarah, i.e. the Ezras Yisrael (TY #22) and the Ezras Kohanim (TY #25, that contained the Beis ha'Mikdash, the Mizbe'ach (TY #47), and various Lishkos or chambers) - but not the Ezras Nashim - is Machaneh Shechinah (excluding the area under the gate to the Azarah known as Sha'ar Nikanor - TY #18). This corresponded to the area of the Mishkan [within the Kela'im, curtains]. This area is even prohibited to a person who is Tamei Mes and Tamei Sheretz.
34)[line 24]מכאן אמרוMI'KAN AMRU- from this they said [that a Levi who lives in a city of refuge (or city of the Leviyim) goes to Galus to another city of refuge (or city of the Leviyim)]
35)[line 25]מפלך לפלךMI'PELACH LI'PELACH- from one city to another city
36)[line 25]ואם גלה לפלכוIM GALAH L'FILCHO- and if he is banished from one neighborhood to another neighborhood (in the same city)
37)[line 26]פלכו קולטוPILCHO KOLTO- his city (i.e. the other neighborhood) provides refuge for him (that is, since the "city of refuge" of the desert was the camp of the Leviyim, and a Levi who killed at that time moved from one place in the Machaneh Leviyah to another, a Levi who lives in a city of refuge or a city of the Leviyim may move within his city as a fulfillment of the requirement to go to Galus - RASHI to Zevachim 117a)
38)[line 29]ורצו אנשי העיר לכבדוV'RATZU ANSHEI HA'IR L'CHABDO- and the people of the city of refuge wanted to honor him (which is a contradiction to the entire concept of Galus, in which the Rotze'ach is meant to learn humility and self-effacement - RITVA)
39)[last line]"וזה דבר הרוצח...""V'ZEH DVAR HA'ROTZE'ACH..."- "And this is the matter of the murderer [who shall flee there and live...]" (Devarim 19:4). Our Mishnah interprets this verse to read, "And this is the word [that he shall say to others] - '[I am] a murderer'...."