[5a - 47 lines; 5b - 44 lines]

*********************GIRSA SECTION*********************

We recommend using the Girsa'os of the Vilna Gaon printed in the margins of the Vilna Shas, and the commentary "Tiklin Chadtin" upon which they are based. This section is devoted to any other important corrections that conform to the commentary of the Tiklin Chadtin which are not noted in the Hagahos ha'Gra, and Girsa corrections in the text of the Tiklin Chadtin itself.

[1] גמרא ה. [שורה 14]

הנקודות אחרי תיבת "בהמה" מיותרים

[2] גמרא ה. [שורה 39]

"כמי שטבעה ספינתו בים"

צ"ל "במי שטבעה ספינתו בים"

[3] גמרא ה. [שורה 44]

"קדשים שהוא חייב באחריותן"

(מקור: משנה שבועות מב:)

[4] גמרא ה: [שורה 22]

"אנן תנינן, אם קרבה הבהמה... אם נתרמה התרומה"

"אנן תנינן, אם נתרמה התרומה... אם קרבה הבהמה, אמר ר' לעזר"

(כצ"ל, לפי הגר"א, ושאר המסוגר בסוגריים ב'נ"א' אין לגרוס)

[5] תקלין חדתין ה: ד"ה במסויים

"ונתכוון לתרום לשמים"

צ"ל "ונתכוון לתרום לשמי' "

(דכן הוא נוסח הגר"א בסוגיין, כמבואר במשנת אליהו ו. ד"ה ה"ל במסויים)

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1)[line 1]היך עבידא? (היכי דמי?)HEICH AVIDA?- how is this?

2)[line 6]הדא דאת אמר (הא ראמרינן)HADA D'AT AMAR- that which you said [that if only the money was divided then each would be obligated to give a Kalbon even though he would still be obligated in Ma'asar Behemah]

3)[line 9]בעיBA'I- asked [a question on the law stated in the Mishnah]

4)[line 10]לא שַׁנְיָא היא?LO SHANYA HI?- is it not different?

5)[line 14]היא שני אחים שירשו את אביהן, היא שני גִיסִין שירשו את חמיהןHI SHNEI ACHIM SHE'YARSHU ES AVIHEN, HI SHNEI GISIN SHE'YARSHU ES CHAMIHEN- the case of two brothers who inherited their father [and then divided the inheritance, even if they then rejoined their respective inheritance in a partnership] is equivalent to that of two brothers-in-law who inherited their father-in-law (in which case their respective portions were not joined as one even to begin with)

6)[line 16]לאיכן (להיכן)L'EICHAN- to where

7)[line 16]רבי מאיר אומר לשקליםREBBI ME'IR OMER, LA'SHEKALIM- Rebbi Meir opines that the Kalbonos follow the Shekalim into the Lishkah. This is consistent with his opinion (4b) that the obligation to give a Kalbon is a Torah obligation, in order to insure that one indeed donated a full half-Shekel (TIKLIN CHADTIN).

8)[line 17]לנדבהNEDAVAH

There were six Shofaros (coffers; see below, entry #14) kept in the Mikdash, the contents of which are used to purchase Korbanos for "Kayitz ha'Mizbe'ach." Kayitz ha'Mizbe'ach consists of Korbanos Olah that are offered upon the Mizbe'ach when it is not otherwise in use. (RASHI to Sukah 56a DH Kayitz explains that these offerings are called Kayitz since they are a "dessert" for the Mizbe'ach. Kayitz refers to cut figs, a common dessert.) These Korbanos are Korbenos Tzibur (communal offerings).

9)[line 18]ריקוע (ריקועי) זהב וצפוי לבית קודש הקדשיםRIKU'A ZAHAV V'TZIPUY L'VEIS KODESH HA'KODASHIM- golden tiles used to cover the walls and floor of the Kodesh ha'Kodashim

10)[line 19]שולחניןSHULCHANIN- moneychangers [working for Hekdesh]

11)[line 20]להוצאת דרכיםL'HOTZA'AS DERACHIM- (a) the cost of transporting Shekalim donated in the cities of greater Eretz Yisrael to Yerushalayim; (b) the travel expenses of the moneychangers working for Hekdesh, when they traveled to the cities of greater Eretz Yisrael

PEREK #2 METZARFIN SHEKALIM

12)[line 22]מצרפיןMETZAREFIN- one may combine

13)[line 22]לדרכונותDARKONOS- The coin "Adarkon" is mentioned in Tanach in the context of the donations towards the construction of Bayis Rishon (Divrei Hayamim I 29:7). A similar word, "Darkemon," is used in the context of Bayis Sheni (Ezra 2:69). A Darkan is a golden Median coin which had the value of two Sela'im. The Greek called it a Daric (TIFERES YISRAEL). See Background to Shekalim 6:6.

14)[line 24]שופרותSHOFAROS- large collection boxes that were narrow on top where the slot to put the money was, wide on the bottom, and had no door. These features guarded against theft by allowing money into the box, but not allowing any out.

15)[line 26]נשבעין לגזבריןNISHBA'IN LA'GIZBARIN- the [messengers] swear to the treasurers of Hekdesh

16a)[line 29]מרגליותMARGALIYOS- precious gems

b)[line 29]שמא תזילSHEMA TEZIL- perhaps they will decrease in value

17)[line 31]וכולןV'CHULAN- and all of [those things mentioned in the Mishnah in Bechoros [51a] which may be redeemed, such as a Bechor (see Background to Pesachim 6:3)

18a)[line 35]בתִּקְלִין חַדְתִּיןTIKLIN CHADTIN- new Shekalim; i.e., those donated toward the purchase of Korbanos for the coming year

b)[line 35]בתִּקְלִין עַתִּיקִיןTIKLIN ATIKIN- old Shekalim; i.e., those donated toward the purchase of Korbanos for the previous year

19)[line 37]שומר חנם/שומר שכרSHOMER CHINAM / SHOMER SACHAR

(a)A Shomer Chinam is one who has agreed to guard an item for another without compensation. He is liable to pay for damages to the item he is watching only in the case of Peshi'ah (negligence). If the item was stolen or lost — and certainly if an Ones (unavoidable accident) occurred — he is exempt.

(b)A Shomer Sachar is one who has agreed to guard an item for compensation. He is liable to pay for damages in cases of Peshi'ah, theft, or loss, but not in a case of Ones.

(c)When a Shomer claims that the item he was guarding was stolen, lost, or Ne'enas in order to exempt himself from payment (each one as per his respective liabilities), the Torah requires that he support his claim by taking an oath (Shemos 22:7-10). Accordingly, a Shomer Chinam must swear that he was not negligent, and a Shomer Sachar must swear that the item was involved in an unavoidable accident. Only after they swear are they exempt from payment.

20a)[line 38]בלסטים מְזוּייָּןB'LISTIM MEZUYAN- [an occurrence of] armed bandits [which is comparable to an Ones]

b)[line 39]שטָּבְעָה ספינתו ביםSHE'TAV'AH SEFINASO BA'YAM- his ship was lost at sea [which is comparable to an Ones]

21)[line 40]תורמין על הַגָּבוּי ועל העתיד לִגָּבוֹתTOREMIN AL HA'GAVUY, V'AL HE'ASID LI'GAVOS- the Korbanos purchased with the Terumas ha'Lishkah are offered on behalf of both those whose Shekalim were already collected at the time of the Terumah, as well as those whose Shekalim had not yet been collected

22)[line 41]ברםBERAM- however

23)[line 42]לא בדאLO B'DA- [the law taught in our Mishnah is] not the case [rather the messengers would have to swear to those who sent them, and the Shekalim would need to be replaced, no matter what the case]

24)[line 44]קדשים שהוא חייב באחריותן כנכסיו הןKODSHIM SHE'HU CHAYAV B'ACHARAYUSAN, KI'NECHASAV HEN - Hekdesh items that one is responsible for [replacing] are like his own property (KODSHIM SHE'HU CHAYAV B'ACHRAYUSAN)

(a)That which belongs to Hekdesh may be divided into two categories: that which he whose possession they are currently in must replace should something happen to them, and that which need not be replaced. Examples of Kodshim which must be replaced include Nedarim (see Background to 3:84) and the Shekalim described in our Mishnah.

(b)The Chachamim rule that even though one must replace these Kodshim, they are not Halachically considered his. Therefore if someone steals them, damages them, etc., he need not pay for their loss. Rebbi Shimon maintains that since he must replace them, it is as if he is their owner, and he may demand payment.

25)[line 45]שבועת תקנהSHEVU'AS TAKANAH- an oath decreed [by the Chachamim in order to insure that they who have been entrusted with Hekdesh guard it properly]

26)[line 46]ע"ד (על דעתיה)AL DA'ATEI- according to the opinion of

5b----------------------------------------5b

27)[line 3]גזברים מאי עבידתייהו?GIZBARIM, MAI AVIDESAYHU?- what business do the Gizbarim [who are merely the treasurers of Hekdesh, and not the owners] have here?

28)[line 4]במעמדB'MA'AMAD- in the presence of

29a)[line 4]לַחְשְׁדִינְהוּL'CHASHDINHU- suspect them [of taking the Shekalim for themselves]

b)[line 5]נַשְׁווּ להו פוֹשְׁעִיןNASHVU LEHU POSHE'IM- [so as not to] consider them negligent

30)[line 5]אע"פ שקבלו בני העיר לשלםAF AL PI SHE'KABLU BENEI HA'IR L'SHALEM- (a) [since, according to the opinion of Rebbi Yochanan, this oath was enacted by the Chachamim,] even if the city populace have accepted upon themselves to pay [for the lost Shekalim, and do not demand that the messenger swear] (KORBAN HA'EDAH); (b) [since, according to the opinion of Rebbi Yochanan, this oath was enacted by the Chachamim,] even if the city populace have accepted upon themselves to pay [for their Shekalim which were lost after the Terumas ha'Lishkah was separated, in which case they have no obligation to send new Shekalim]

31)[line 11](לא) עוד היא משום (שבועת) תקנה(LO) OD HI MI'SHUM (SHEVU'AS) TAKANAH- this, too [that a lost Shekel must be replaced by he who designated it as such] is a result of the Rabbinic decree [just as the messenger must swear that he guarded the Shekalim properly]

32)[line 13]אלו הן הראשונים?ELU HEN HA'RISHONIM?- which are the first [set of Shekalim]?

33)[line 19]מעלMA'AL (ME'ILAH)

(a)It is forbidden to derive any personal benefit from that which is Hekdesh, as the Torah states, "Lo Suchal le'Echol bi'Sh'arecha... v'Chol Nedarecha Asher Tidor" - "You may not eat in your settlements... and your pledges [to Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos Me'ilah 1:1-3). The minimum amount of benefit for which one transgresses this prohibition is a Perutah's worth.

(b)If someone benefited from Hekdesh intentionally, he is liable to receive Malkus (according to the Rabanan; according to Rebbi he is liable for Misah b'Yedei Shamayim). In addition, he must pay Hekdesh for the benefit which he received; however, the object from which he benefited remains Hekdesh.

(c)If someone benefited from Hekdesh unintentionally, he must bring a Korban known as a Korban Me'ilah. He must then reimburse Hekdesh the value of his benefit plus an additional fifth (of the ensuing total, equal to a quarter of the original value). The object then loses its Kedushah. This is true of any object which has the status of Kedushas Damim (i.e. it itself will not be used by Hekdesh, but rather its value is consecrated to Hekdesh). An object which has the status of Kedushas ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a live animal pledged to be offered as a Korban) does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).

34)[line 21]מעשר שניMA'ASER SHENI

(a)Once Terumah Gedolah and Ma'aser Rishon have been separated from one's crop, it is time to separate the second tithe. In the third and sixth years of the seven-year Shemitah cycle this tithe is called Ma'aser Ani, and it is given to the poor (Devarim 14:28-29).

(b)During the first, second, fourth and fifth years of the seven-year Shemitah cycle, the second tithe is called Ma'aser Sheni. Ma'aser Sheni must be brought to Yerushalayim and eaten there while one is in a state of purity. The various laws of Ma'aser Sheni are learned from the verses which begin, "Aser Te'aser Eis Kol Tevu'as Zar'echa..." (Devarim 14:22-27).

(c)If it is impractical to bring the actual food to Yerushalayim, Ma'aser Sheni produce may be redeemed with money. This money receives the status of Ma'aser Sheni, and is then brought to Yerushalayim. In Yerushalayim the money may be used to buy food items only, which in turn receives the Kedushah of Ma'aser Sheni and must be eaten b'Taharah in Yerushalayim. Once Ma'aser Sheni enters Yerushalayim, it may no longer be redeemed. Our Mishnah describes the case of someone who mistakenly donated a coin upon which he had redeemed Ma'aser Sheni to fulfill his obligation of Machatzis ha'Shekel.

(d)If the owner of the Ma'aser Sheni redeems his own Ma'aser, he must add a fifth of the total value onto the money used; if someone else redeems it, he may do so with money equal to the value of the Ma'aser (Vayikra 27:30-31).

(e)One may not eat Ma'aser Sheni when he is in a state of mourning for one of the seven relatives upon whose death one sits Shiv'ah, as the Pasuk clearly states, "Lo Achalti b'Oni Mimenu" (Devarim 26:14).

35)[line 21]דמי שביעיתDEMEI SHEVI'IS

(a)If one purchases produce that grew during the year of Shemitah (see Background to 3:39), the money also gains the status of Kedushas Shevi'is. The coin must be used to purchase food which then must be treated with Kedushas Shevi'is.

(b)If that money is exchanged with other coins or food items, the Kedushah leaves the original coin and rests upon the second item. This process repeats itself; only the produce itself and the last set of coins end up with Kedushas Shevi'is.

36)[line 21]יֹאכַל כנגדןYOCHAL K'NEGDAN- [he should transfer the Kedushah of the coin, wherever it presently is,] to another coin, [and purchase and] eat [as Ma'aser Sheni or Shevi'is]

37)[line 28]מיד היה מקבל מעותיוMIYAD HAYAH MEKABEL MA'OSAV- [he who sold the animals to Hekdesh for use as public sacrifices] would receive his money immediately [as opposed to only once the animals were offered on the Mizbe'ach]

38)[line 28]והכהנים זריזים הןKOHANIM ZERIZIM HEN- the Kohanim are very meticulous and can be relied upon to perform the Divine service immediately and with the utmost care [and it this therefore unlikely that this animal will become Pasul]

39)[line 30]סתמא לא לשם בעלים מכפרת?SETAMA LO L'SHEM BA'ALIM MECHAPERES?- if it is offered without specific intent otherwise, will it not atone for its owner? [So, too, this Shekel should count toward the obligation of he to whom it belonged, and not for the messenger, since it is indistinguishable from the other Shekalim]

40)[line 31]במסוים משל בית רבן גמליאלBI'MESUYAM, MI'SHEL BEIS RABAN GAMLI'EL- [the coin was] distinguishable, [since he attempted to guide it such that it should end up as part of the Terumas ha'Lishkah, which was the custom of] the household of Raban Gamliel (9a)

41)[line 32]ודוֹחְפוֹ לתוך הקופהDOCHEFO L'SOCH HA'KUPAH- he pushed it into the box [used in the removal of the Terumas ha'Lishkah]

42)[line 33]וחָש לומר (וניחוש)V'CHASH LOMAR- why do we not worry that

43)[line 33]לשִׁירַיִיםSHIRAYIM- the Sheyarei ha'Lishkah (see Background to 2:11)

44)[line 35]מועלין בשירייםMO'ALIN B'SHIRAYIM

(a)Those Shekalim sent to the Beis ha'Mikdash for Machatzis ha'Shekel that are separated and used to purchase Korbenos Tzibur are called the Terumas ha'Lishkah. The Shekalim which remain in the Lishkah are used for the upkeep of the wall surrounding the city of Yerushalayim, and the rest of the city. These Shekalim are known as the Sheyarei ha'Lishkah (see Background to 2:2).

(b)The Terumas ha'Lishkah clearly has the status of Hekdesh, and one who benefits from it for his personal use must therefore offer a Korban Me'ilah (see above, entry #33). The Tana'im disagree, however, as to the status of the Sheyarei ha'Lishkah. Rebbi Yehudah asserts that one who benefits from the Sheyarei ha'Lishkah is not Chayav in a Korban Me'ilah (see, however, Kidushin 54a). RAV SHLOMO SIRILIYO explains the logic of Rebbi Yehudah's approach as follows: the separation of Terumah from the Lishkah removes all Kedushah from the remainder, just as the separation of Terumah from edible produce removes the prohibition of Tevel (untithed produce) from the remainder. Rebbi Meir maintains that the coins in the Sheyarei ha'Lishkah are also Kodesh, and one must offer a Korban Me'ilah for benefiting from them as well.

(c)RABEINU MESHULAM offers a different explanation of the Machlokes of whether "Mo'alin b'Shirayim" or not. He suggests that even Rebbi Yehudah agrees that the coins of the Sheyarei ha'Lishkah are considered Kodesh. Rather, the Machlokes hinges upon whether the Sheyarei ha'Lishkah, must be used specifically to fund Korbanos like the Terumas ha'Lishkah, or whether it may be used toward other Hekdesh-related purposes. Rebbi Meir opines that "Mo'alin b'Shirayim;" i.e., one may not use the Sheyarei ha'Lishkah for any purpose other than Korbanos. The Rabanan, on the other hand, maintain that these Shekalim may be used for other Hekdesh-related purposes as well, such as the upkeep of the wall surrounding the city of Yerushalayim, etc.

45)[line 35]עוד היא (אי בעית אימא)OD HI- another answer is

46)[line 37]דְּתָמָןD'SAMAN- of there (Bavel)

47)[line 42]יְהוּ מְחוּלָּלִיןYEHU MECHULALIN- should be transferred to

48)[line 43]נִתְפָּסNISPAS- is grabbed

49)[last line](והשאר) [והראשונים]VHA'SHE'AR [VHA'RISHONIM]- the rest; i.e., the mistakenly donated Shekel

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