[31a - 32 lines; 31b - 44 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 31a [line 8[:
The words "Maslik Lehu b'Zuzei" מסליק להו בזוזי
should be "Mesalek Lei b'Zuzei" מסלק ליה בזוזי (Dikdukei Sofrim #400)
[2] Rashi 31a DH Iy Pike'ach ד"ה אי פיקח:
The words "v'Chozer v'Goveh Osam Mehem" וחוזר וגובה אותם מהם
should be "v'Chozer v'Goveh Osah Mehem" וחוזר וגובה אותה מהם (Rashash)
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1)[line 1]ופריקU'PARIK (PIDYON HEKDESH)
(a)When a person consecrates (is "Makdish") an object for use in the Beis ha'Mikdash and that object cannot be used in the Mikdash "as is," then it acquires the status of Kedushas Damim. Such an object is sold by the trustees of Hekdesh (Gizbarim). The price of the item is determined through the estimation of a group of experts. Once the object is sold, it loses its Kedushah and the money paid for it becomes Kodesh in its stead. This is called "Pidyon Hekdesh" — redemption of Hekdesh.
(b)If the object consecrated to Hekdesh can itself be used in the Mikdash, such as a utensil used in the Avodah or a live animal that is fit to be offered as a Korban, then it acquires the status of Kedushas ha'Guf (see Background to Shevuos 22:5:c-e). An animal with Kedushas ha'Guf cannot be redeemed unless it develops a Mum (blemish).
(c)If a person dedicates an item to Hekdesh and then wishes to redeem it himself, he must an additional fifth of the ensuing total — equal to a quarter of the original value — onto the value of the item For example, if the object is worth twenty Sela'im, he may redeem it for twenty-five Sela'im. If it is another who wishes to redeem the item from Hekdesh, then he need not add a Chomesh.
(d)In our Gemara, the item does not belong to Hekdesh any more than it would belong to one who bought it. None of the above laws apply; mid'Oraisa, the Malveh may simply take his item and pay nothing. However, the Rabanan decreed that the Malveh must redeem it with a token amount of money, such as a Dinar. The reason for this is so that people not get the impression that that which actually is Hekdesh may leave the jurisdiction of Hekdesh without redemption. The amount of money with which the Malveh is required to "redeem" the item from Hekdesh is added to the original loan.
2)[line 8]הוה (מסליק להו) [מסלק ליה] בזוזיHAVAH (MASLIK LEHU) [MESALEK LEI] B'ZUZEI- (lit. he sends him away with money) the Loveh would have repaid the loan to the Malveh with money
3)[line 10]באחריותACHRAYUS (with regard to sales and gifts)
"Achrayus" — lit. responsibility — is a way of insuring the acquisition of land. One who gives or sells a field to someone else can guarantee the gift or sale by obligating himself in Achrayus. This means that if it is determined afterwards that the seller did not have the right to sell this land (such as in a case where the land was stolen, or if there was a lien on the property and it was subsequently claimed by a creditor as repayment for a prior loan), then the buyer may collect the value of the property removed from his possession from any assets belonging to the seller. These assets include land sold by the seller to others following the sale of this land. If the field was purchased without Achrayus, the buyer has no legal claim against the seller, and receives no compensation for his loss (Bava Basra 44b).
4)[line 11]וזקפן עליו במלוהV'ZAKFAN ALAV B'MILVEH- and [instead of paying for the field immediately, he] turned the payment into a loan
5)[line 13]ופייסיה בזוזיPAISEI B'ZUZEI- appeased him with [the] money [owed to Reuven for the field] (rather than letting him take possession of the field)
6)[line 15]שבק אבון גבךSHAVAK AVUN GABACH- our father left with you
7a)[line 16]מגבי להו ארעאMAGVI LEHU AR'A- he should pay the Yesomim with the field itself
b)[line 16]והדר גבי לה מינייהוV'HADAR GAVI LEI MINAIHU- and then take it back from them (as it is retroactively clear that it was, indeed, land and not movable property belonging to the Yesomim which Shimon had in his possession)
8)[line 18]אמטו להכיAMATU L'HACHI- because of this
9)[line 23]לנושהNOSHEH- one who demands the repayment of a loan
10)[line 24]"לאשר אשם לו""LA'ASHER ASHAM LO"- "to whom the money belongs" (Bamidbar 5:7) (as opposed to, "to whom he borrowed the money from")
11)[line 27]כשהרהינו אצלוKESHE'HIRHINO ETZLO- when he left the Chametz in the possession of the non-Jew as a pledge
31b----------------------------------------31b
12)[line 3]שקונה משכוןSHE'KONEH MASHKON- that he acquires the collateral given him (a) insofar as he is responsible for it even if an Ones occurs, unlike a Shomer Chinam or Shomer Sachar (RASHI); (b) insofar as he is responsible if it is lost or stolen, like a Shomer Sachar, as opposed to being Patur in all cases save one in which he was negligent, like a Shomer Chinam (TOSFOS DH she'Koneh)
13)[line 3]"ולך תהיה צדקה...""... U'LECHA TIYHEH TZEDAKAH..."- "Return his collateral to him at sundown, and he will sleep in his coat and bless you; and it shall be considered charity for you before HaSh-m your G-d" (Devarim 24:13).
14)[line 15]מעכשיוME'ACHSHAV- [if I do not pay you back at the agreed time, then acquire this Chametz] from now
15)[line 18]פת פורניPAS PURNI- a large loaf of bread baked in a large oven (which is respectable enough to be used as collateral)
16)[line 19]הגעתיךHIGATICHA- it is yours
17)[line 23]ומלאיMELAI- merchandise
18)[line 30]מפולתMAPOLES- debris from a collapsed structure
19)[line 33]כמה חפישת הכלבKAMAH CHAFISAS HA'KELEV?- how deep will a dog dig in its search for Chametz?
20)[line 40]מסיכראMI'SICHRA- from Sichra, near Mechoza
21a)[line 41]בשוגגB'SHOGEG- unintentionally; that is, he did not realize that it was Terumah, even if he was fully aware that it was Chametz
b)[line 42]במזידB'MEZID- intentionally; that is, he realized that it was Terumah, even if he was not aware that it was Chametz
22)[line 41]קרן וחומשKEREN V'CHOMESH (TASHLUMEI TERUMAH)
(a)Once a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Although the Torah does not specify how much to give, the Rabanan set the requirement at between one fortieth and one sixtieth of the total crop. Kohanim and their wives, unmarried daughters, and Nochri slaves may eat Terumah, as long as they are Tehorim.
(b)If a non-Kohen eats Terumah unintentionally, he must replace what he ate in the form of food that then becomes Terumah (Tashlumei Terumah). He returns the volume of Terumah that he ate (as opposed to its value) to the Kohen who owned the Terumah (see Insights to Pesachim 32:1). In addition, he is fined an additional Chomesh (fifth) of the ensuing total (which is equal to a quarter of the volume of what he ate). This Chomesh may be given to any Kohen he wishes to give it to (Terumos 6:2).
(c)If the Terumah is consumed in an abnormal fashion such as drinking olive oil — and all the more so if it is damaged and not eaten at all — then the value of the Terumah consumed (as opposed to the volume) must be returned to the Kohen who owned it, and no Chomesh is assessed. This is because the normal Halachos of damages apply, not the specific laws of Tashlumei Terumah. Similarly, if the Terumah was Teme'ah, normal Halachos of damages apply. This is because this Terumah may not be eaten by a Kohen; he is only allowed to feed it to his animals or use it as firewood. The specific Halachos of Tashlumei Terumah apply only to edible Terumah that is treated as such.
(d)A non-Kohen who eats or benefits from Terumah intentionally must pay the value of the Terumah consumed and is not required to add a fifth (i.e. the normal Halachah of damages applies to him, and not Tashlumei Terumah). In addition, he incurs the punishment of Misah b'Yedei Shamayim (Sanhedrin 83a).
23)[line 42]ומדמי עציםDEMEI ETZIM- [if the Terumah was Teme'ah, he need not pay] its value as firewood [since it is Chametz on Pesach and is therefore valueless]