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Avodah Zarah 13

1) [line 5] ATARAH - wreath
2) [line 11] TEI'AKER - it must be dismembered (i.e. the tendons of the hoofs beneath the ankles)

3a) [line 11] PEIROS - fruit
b) [line 11] KESUS - clothing
c) [line 11] KELIM - utensils
4) [line 11] YERAKVU - they should be left to decay
5) [line 19] YARID - a fair (which takes place on an idolatrous festival)
6) [line 20] KOSEV U'MA'ALEH BA'ERKA'OS SHELAHEN - he may write a contract and have it certified in their offices (i.e. in the courts of the idolaters)

7) [line 21] MIPNEI SHE'HU K'MATZIL MI'YADAM - because he is considered to be saving [his money or property] from their hands (by having the Nochrim attest to his contract, and we do not assume that he is entering their courthouses in order to acknowledge their idols)

8) [line 22] METAMEI B'CHUTZAH LA'ARETZ - he may become Tamei by entering lands outside of Eretz Yisrael (TUM'AS ERETZ HA'AMIM)
The Rabanan decreed that the lands outside of Eretz Yisrael are to be considered Tamei because the Nochrim bury their dead fetuses in their houses. There is a Machlokes as to whether they decreed that only the land should be Tamei or also the airspace above it. The Halachic ramification between these two opinions is whether or not a Nazir would be permitted to enter Chutz la'Aretz by being carried in a Shidah (a sedan chair or chest) that is lifted off the ground.

9a) [line 23] LADUN - to judge (to enter into a court case in order to protect his rights to his property)
b) [line 23] L'AR'ER - to file a complaint [against one who took his land]

10a) [line 24] BEIS HA'KEVAROS - a cemetery (into which a Kohen is prohibited to enter) b) [line 25] BEIS HA'PERAS
(a) Beis ha'Peras is a general term referring to a field or an area that the Rabanan decreed to be treated as though it were Tamei, in certain respects. The Mishnayos in Ohalos (18:1-4) explain that there are three specific types of Beis ha'Peras:

1. A field in which a grave was plowed over, scattering the bones in all directions. Such a field may be planted with trees, but not with vegetables or grains. Its earth can make a person Tamei through Maga or Masa.
2. A field (that is a Reshus ha'Rabim; TOSFOS to Kesuvos 24b; RASH to Ohalos 18:3) in which a grave is known to exist but it became lost and cannot be located. In such a field, trees may not be planted but vegetables or grains may be planted. It can make a person Tamei through Ohel (and according to some Girsa'os, through Maga and Masa as well).
3. A field on the edge of a town where a corpse was brought [and mourned] before burial. Such a field may neither be planted nor sown with vegetables or grains (but its earth is not Tamei if removed from its place). There are a number of reasons why the Rabanan might have made such a field Tamei:
i. Part of a corpse may have become dislodged and fallen there (RASHI to Moed Katan 5b DH Mishum Ye'ush) [or that an entire corpse may have inadvertently been left behind there - ME'IRI ibid.].
ii. Alternatively, since a corpse is commonly found there, the Rabanan instituted that the area not be sown or planted, so as not to attract people to the area who will become Teme'im and spread Tum'ah. (PERUSH HA'MISHNAH of the Rambam to Ohalos 18:4)
iii. The prohibition against planting or sowing such a field has nothing to do with Tum'ah whatsoever. Rather, it involves a question of ownership. Since the community has made it their practice to mourn for and eulogize the dead in this field and the original owner did not protest this practice, he loses all rights to the land. The former owner cannot later decide to plant the field and deny the community the right to use it as a place for public mourning. (RITVA, RASH to Ohalos 18:4 and many Rishonim -- see Vilna Ga'on to Choshen Mishpat 377:2)
(b) The Bartenura offers three explanations as to why the word "Peras" was used to describe these fields: 1. Tum'ah *spreads* (Pores) out in all directions from the field; 2. Bones that are *broken* (Perusim) are strewn in the field. (These first two explanations only apply to the first of the three types of Beis ha'Peras mentioned above, 1); 3. People's *feet* (Parsos) stay away from the area because of its Tum'ah.
(c) In the first type of Beis ha'Peras (a field with a burial plot that has been plowed), the Rabanan decreed that the field is Metamei in every direction from the grave for the length of the furrow of a plow, which is 50 Amos. This results in an area 100 Amos by 100 Amos around the grave (RASH to Ohalos 17:1). The Rabanan instituted a way to remove the Tum'ah from the area that was plowed (in certain cases) by blowing the dirt of each section of the field to check for small pieces of bone.

11) [line 26] BI'ZEMAN SHE'EIN MOTZEI LILMOD - when he does not find anyone [from whom] to learn [in Eretz Yisrael]

12) [line 29] TZIDON - Sidon, a city on the Mediterranean coast, to the north of modern-day Israel. It was the capital of Phonecia. Even though the Torah describes it as being within the northwest boundary of Eretz Yisrael (Bamidbar 34:7), it was never included in the sanctification of the land, and thus Tum'as Eretz ha'Amim (see above, entry #8) applies to it.

13) [line 31] TAGAR - merchant

14) [line 32] TZA'AR BA'ALEI CHAYIM
It is prohibited to cause pain or anguish to any living thing for no purpose. The Gemara (Bava Metzia 32a-b) discusses whether this is a Mitzvah from the Torah or mid'Rabanan.

15) [line 33] "ES SUSEIHEM TE'AKER" - "You shall dismember the tendons of their horses" (Yehoshua 11:6)

16) [line 34] EIN MAKDISHIN - we do not make objects Hekdesh [nowadays, when the Beis ha'Mikdash is not standing] (HEKDESH)
(a) A person may offer a Korban in the Beis ha'Mikdash as a voluntary sacrifice, as it states in Vayikra 1:2. Voluntary Korbanos may be Olos (which are burned entirely on the Mizbe'ach, see Vayikra 1:2-17, 6:1-6), Shelamim (parts of which are eaten, see Vayikra 3:1-17, 7:11-21, 7:28-37) or Menachos (flour offerings, see Vayikra 2:1-13, 6:7-11, 7:9-10).
(b) When a person states, "I pledge an Olah" ("Harei *Alai* Olah"), without singling out a specific animal, his pledge is called a Neder. When he sets aside an animal with which to fulfill his pledge, and the animal gets lost or dies, he must bring another in its place. If he states, "*This* animal is an Olah" ("Harei *Zo* Olah"), his pledge is called a Nedavah. If the animal gets lost or dies, he has no obligation to bring another in its place.
(c) Objects that belong to the Beis ha'Mikdash are called "Hekdesh." An object with Kedushas ha'Guf is an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash (RAMBAM Hilchos Me'ilah 6:5) or a live Korban that is used in the Beis ha'Mikdash "as is." An animal that has Kedushas ha'Guf cannot be redeemed without a Mum.
(d) An object with Kedushas Damim is an object the *value* of which is consecrated to Hekdesh; e.g. an animal that a person consecrated to be sold in order to buy another animal as a Korban with its value.
(e) An object with Kedushas Bedek ha'Bayis is an object the *value* of which is consecrated to Hekdesh so that it should be used for filling the day-to-day needs of the Beis ha'Mikdash, and not to be used for Korbanos.

17) [line 34] EIN MACHARIMIN - we do not make objects Cherem [nowadays, when the Beis ha'Mikdash is not standing] (CHEREM)
(a) There are two types of Charamim (a type of vow or pledge in which one pronounces "This object should be a Cherem"):

1. Chermei Kohanim, which are given to the Kohanim for their personal use and cannot be redeemed from the Kohen;
2. Chermei Gavo'ah, also known as Charamim Shel Shamayim, which are given to the Beis ha'Mikdash for the Bedek ha'Bayis and can be redeemed.
(b) When the Mishnah cited by our Gemara says that we do not make pledges of Charamim nowadays, it is referring to the second type of Cherem. Since one must leave the object until the Beis ha'Mikdash is rebuilt, there is concern that one will accidentally use the object for his own personal benefit (which is prohibited). The first type of Cherem, however, may be given to a Kohen immediately, even when the Beis ha'Mikdash is not standing.

18) [line 34] EIN MA'ARICHIN - we do not make pledges of Arachin [nowadays, when the Beis ha'Mikdash is not standing] (ARACHIN)
(a) An Erech (endowment valuation) refers to a special form of vow. If a person declares, "Erech Ploni Alai" ("I accept upon myself to give the endowment value of so-and-so [to Hekdesh]"), he must give the specific value that the Torah designates for the person's gender and age group as stated in Vayikra 27:1-8 (see below, (b)). It makes no difference at all whether the person is healthy or sick, strong or weak.
(b) The Erech that the Torah specifies for children between the ages of 1 month and 5 years is 5 Shekalim for males and 3 Shekalim for females (Vayikra 27:6). For youths and young adults between the ages of 5 years and 20 years, the Erech that the Torah specifies is 20 Shekalim for males and 10 Shekalim for females (Vayikra 27:5). For adults between the ages of 20 years and 60 years, the Erech that the Torah specifies is 50 Shekalim for males and 30 Shekalim for females (Vayikra 27:3-4). For adults over 60 years of age, the Erech that the Torah specifies is 15 Shekalim for males and 10 Shekalim for females (Vayikra 27:7).

19) [last line] TEI'AKER - it should be uprooted (killed) (this is in contrast to the meaning of this word earlier; see entry #2 above)


20) [line 3] BIZYON KODSHIM - disgrace of Kodshim (objects consecrated for Hekdesh)

21) [line 4] ASU BEHU L'YEDEI TAKALAH - they will come to transgression with it (by eating it)

22) [line 5] VELI'SHAVYEI GISTERA - but let them cut it into two (killing it right away, and rendering it unfit for eating)

23) [line 6] "V'NITATZTEM ES MIZBECHOSAM [V'SHIBARTEM ES MATZEVOSAM, VA'ASHEREIHEM TISREFUN BA'ESH, U'FSILEI ELOHEHEM TEGADE'UN; V'IBADTEM ES SHEMAM MIN HA'MAKOM HA'HU.] LO SA'ASUN KEN LASH-M EL-KEICHEM." - "And you shall overthrow their altars (the altars of idol worship), [and break their pillars, and burn their Asherim with fire; and you shall cut down the carved images of their gods, and you shall destroy any remembrance of them (lit. their name) from that place.] Do not do as such to HaSh-m, your G-d." (Devarim 12:3-4)

*24a*) [line 7] RAVA AMAR, MIPNEI... - Rava is answering the original question, why the Ikur of Hekdesh is not the dismembering of the tendons of the hoofs; he is not referring to the question of Gistera (CHAZON ISH, cited by the YOSEF DA'AS)

b) [line 7] MATIL MUM B'KODSHIM - [because it appears as though] he is making a blemish in an animal of Kodshim (HATALAS MUM B'KODSHIM)
It is forbidden to blemish an animal of Hekdesh. The Gemara in Bechoros (33b) cites two verses: "Kol Mum Lo Yiheyeh Bo" (Vayikra 22:21) and "Tamim Yiheyeh l'Ratzon" (ibid.) from which we learn that it is forbidden to blemish a sanctified animal. (It is even forbidden to indirectly cause a sanctified animal to become blemished.)

25) [line 8] MUM MA'ALYA HU - this is a real blemish (and it not merely "appears as" a blemish)

26) [line 10] V'LEHEVEI K'MATIL MUM B'VA'AL MUM - but let it be [prohibited to cut the tendons of the hoofs because it is] like making a blemish in an animal that already has a blemish (that is, since the animal cannot be offered as a Korban because there is no Beis ha'Mikdash, it is like an animal that has a blemish, which cannot be offered as a Korban even when there is a Beis ha'Mikdash)

27a) [line 12] LO CHAZI L'GUFEI - it is not fit for its intended purpose (i.e. to be offered as a Korban)
b) [line 13] LI'DEMEI CHAZI - it *is* fit for its value (i.e. to be redeemed with another animal of equal value, which can then be brought as a Korban)

28) [line 13] L'AFUKEI HACHA D'LO LI'DEMEI CHAZI V'LO L'GUFEI CHAZI - excluding here (the case of an animal that was sanctified when there is no Beis ha'Mikdash), in which case it is not fit [to be redeemed] for its value, nor is it fit for its intended purpose [of being offered as a Korban]

29) [line 15] A'PISCHA D'TZOR - [he was standing] at the opening to Tyre
30) [line 16] EVED YISRAEL - [if one bought at the idolaters' fair] a Jewish slave (see Background to Shevuos 4:17b)

31) [line 17] EVED OVED KOCHAVIM - [if one bought at the idolaters' fair] an idolatrous slave (see below, entry #34)

32) [line 19] RO'EI VEHEMAH DAKAH LO MA'ALIN V'LO MORIDIN - shepherds of small domesticated animals [should the shepherds fall into a pit] are not brought up (i.e. are not saved), but they are not lowered down [into pits to die there]
(a) The Chachamim decreed that it is prohibited to raise Behemah Dakah (small, domesticated farm animals such as sheep) in Eretz Yisrael because they enter people's fields and damage their property. The shepherds who tend the flocks of others are classified among those people who are disqualified from testifying and being judges, since they are suspected of stealing (Sanhedrin 25b).
(b) This law shows that one who buys an Eved Oved Kochavim at a fair of idolaters may *not* actively kill the Eved.

33) [line 23] L'MAI MIBA'I LEI? - For what does he (the Jew) need him (an idolatrous slave, such that it should be permitted to buy him at a fair of idolaters)?

34) [line 25] SHE'MACHNISO TACHAS KANFEI HA'SHECHINAH - for he brings him under the wings of the Divine Presence (i.e. by purchasing the idolatrous slave, the Jew causes the slave to become Jewish) (EVED KENA'ANI CHAYAV B'MITZVOS SHEHA'ISHAH CHAYEVES BAHEN)
(a) A Jew may acquire a Nochri slave or maidservant (Eved Kena'ani or Shifchah Kena'anis) by purchasing the slave from a Jewish or Nochri master and making a Kinyan on the slave with either Kesef (paying money), Shtar (receiving a contract), Chazakah (having the slave work for him) or Chalipin -- the same Kinyanim that are used in the purchase of real-estate (see Background to Bava Basra 52:25). In addition, an Eved Kena'ani can be acquired through Kinyan Meshichah, like moveable objects (see Background to Bava Metzia 44:5c). A Nochri can also be acquired as a slave by being captured (Gitin 38a). These Halachos, and the Halachos mentioned below, apply whether the slave is from the Kena'ani nation or from another nation. Nevertheless, the generic term used by the Mishnah and Gemara to refer to Nochri slaves is Eved "Kena'ani," since the Torah openly describes Kena'an as a slave (Bereishis 9:27; see Rashi to Kidushin 22b DH Sadeh).
(b) A Nochri slave must undergo a process of involuntary conversion, in which he is circumcised (in the case of a male slave) and immersed in a Mikvah, after which he becomes obligated in Mitzvos. Regardless of gender, a Nochri slave is obligated to keep only those Mitzvos that a Jewish woman is obligated to keep. The slave is not permitted to marry an ordinary Jew. When the slave is freed, he automatically becomes a full-fledged Jew and is obligated to keep all of the Mitzvos, like a normal convert. However, before he is freed, his exemption from certain Mitzvos, as well as his prohibition to marry a Jewish woman, are direct consequences of the slavery. The Rishonim refer to this as a "Kinyan Isur," a "prohibitive" Kinyan (see Rishonim to Gitin 38a, Kidushin 16a).
(c) For a discussion of additional Halachos of an Eved Kena'ani, see Background to Sanhedrin 58:14.

35) [line 28] MI'UTAIHU - he is causing them (their property) to diminish

36) [line 29] SANDELA - a sandal
b) [line 29] PITA - bread

37a) [line 30] YASMA! - Ignorant one! (lit. orphan, such as "orphaned of knowledge")
b) [line 30] AVAD RABACH HACHI?! - Did your teacher do such a thing?!

38) [line 41] ITZTERUBALIN - a type of produce (the Gemara on 14a concludes that this refers to "Peirei d'Arza," or acorns)

39) [line 41] BENOS SHU'ACH - a species of inferior white figs, the trees of which produce fruits over a 3-year period

40) [line 42] PETOTAROS - the stems (the Gemara on 14a concludes that this refers to the Itzterubalin and Benos Shu'ach, that it is specifically prohibition to sell them when their stems are attached)

41) [line 42] LEVONAH - frankincense or oliban; a gum resin from trees of present-day Arabia and India. The gum is yellowish and semi-transparent, with a bitter nauseous taste. It is hard and capable of being pulverized, producing a strong aromatic odor when burned. Idolaters used the Levonah to burn as incense to their gods.

42) [line 44] KOTE'A - he should cut off
43) [line 47] DEKEL TAV - a good date-palm tree (the Gemara on 14b concludes that this refers to the fruits of such a tree)

44) [line 47] CHATZAV - a type of produce (the Gemara on 14b concludes that this refers to "Kishba," either a species of date or a shrub planted to mark boundaries; see Background to Avodah Zarah 14:18)

45) [last line] NIKLAS - a type of produce (the Gemara on 14b concludes that this refers to "Kuryatei," a species of date)

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