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Berachos 28

***************GIRSA SECTION********************
We recommend using the textual changes suggested by the Bach, Rav B. Rensburg and the parenthetical marginal notes of the Vilna Shas. This section is devoted to any *OTHER* changes that we feel ought to be made in Gemara, Rashi or Tosfos.)

[1] Gemara 28a [line 31]:
The words "*Ho'il v'Hachi Havah*, Eizil v'Afaisei"
should be "*Eikam*, Eizil v'Afaisei"
(This is the Girsa in Dikdukei Sofrim #9, Beis Nasan,
Agadas ha'Talmud and Menoras ha'Ma'or.)

[2] Gemara 28a [line 46]:
*Tanu* Rabanan... v'Achar Kach Mispalel Shel Musaf, *she'Zu Tedirah, v'Zu Einah Tedirah*
It would seem from Rashi DH Mispalel Shel Minchah that he was not Gores the
words "she'Zu Tedirah, v'Zu Einah Tedirah." The Rif and Rosh also are not
Gores them (Ateres Rosh; see Rashash). It is also apparent that Rashi's
Girsa was *d*'Tanu Rabanan (see Rashi ibid., M. Kornfeld)

[3] Gemara 28a [line 49]:
*Az* Eikum mi'Kamaihu
The word "Az" does not appear in Dikdukei Sofrim (#70)

[4] Gemara 28a [line 49]:
Amar Lei, *Hachi Amar* Rebbi Yochanan, Ein Halachah k'Rebbi Yehudah...
(a) In the first printing of the Gemara and in Rabeinu Chananel and Or
Zaru'a, the words "*Hachi Amar*" do not appear. Instead, after the words
"Rebbi Yochanan" the Gemara says, "*Amar Lei, Mai Hi? Amar Lei* [Ein
Halachah ...]." It would appear that the words from Amar Lei to Amar Lei
were accidentally omitted from our printings of the Gemara.
(b) Rashi seems to have had a third Girsa. It appears from Rashi DH Man
Amar, that he was not Gores all the words from "Hachi Amar Rebbi Yochanan"
until "Shel Minchah, Amar Lei" (i.e. from the second "Amar Lei" until the
thrid "Amar Lei")

[5] Gemara 28a [line 52]:
"l'Achar 7 Sha'os *l'Rebbi* Yehudah ... l'Achar 4 Sha'os *l'Rebbi* Yehudah"
The Girsa in the Rif is "*d'Rebbi*."
(This Girsa seems to be correct. According to our Girsa, these words refer
to the opinion of Rebbi Yehudah, which is difficult since according to
Rebbi Yehudah he does not fulfill the Mitzvah *at all*. According to the
Rif's Girsa, the Gemara is referring to the opinion of the Rabanan, and
asserting that the Rabanan agree that after seven hours a person is called
a Poshe'a. However, the Maharsha and Bach [on the Rif] and Tosfos ha'Rosh
did not explain the Gemara this way - M. KORNFELD.)

[6] Gemara 28a [next to last line ]:
"Mai Mashma d'Hai "Nugei" Lishna d'Tza'ara ... Nafshi mi'Tugah"
(a) These words do not appear in the Rif, Rosh, Dikdukei Sofrim #90 and
manuscripts. (This is logical since the Gemara already proved that "Nugei"
means "Tavra" (destruction) and not "Tza'arah" (distress). See, however,
the Maharsha, who somewhat justifies our Girsa.)
(b) The words of Rav Nachman Bar Yitzchak at the end of the page
"me'Hachah, Besuloseha Nugos" belong earlier, before the statement of Rebbi
Elazar about someone who prays after four hours, according to the Girsa of
the above-mentioned sources.

[7] Rashi 28a DH Man Amar Halachah:
"she'Halachah k'Rebbi Yehudah"
(a) Although the immediate reaction would be to emend Rashi's words to read
that the Halachah is like the *Rabanan*, and not like Rebbi Yehudah, the
Acharonim (Tzelach, Chefetz HaSh-m), try to fit Rashi's words into the
words of our Gemara without resorting to emendation.
(b) This may not be necessary according to what we have already pointed out
above (#4b), that Rashi apparently had a different Girsa in the Gemara.
This also can be inferred from the Rosh and Tosfos Rebbi Yehudah he'Chasid,
who repeat the words of the Gemara emphasizing "Hachi Garsinan," as if to
say that others had a different Girsa in the Gemara. The Maharshal in fact
cites a variant reading of the Gemara, according to which Rebbi Yochanan
was quoted as saying that the Halachah is *like* Rebbi Yehudah. (However,
the Maharshal himself points out that this contradicts the previous Gemara,
which quotes Rebbi Yochanan as saying that the Halachah is *not* like Rebbi
Yehudah. Since the earlier Gemara is quoted as it appears here in numerous
places in Shas, it is difficult to accept that it must be emended in all of
those places.)

1) [line 2] KASA D'MORKA - a valuable glass cup
2) [line 2] LI'SBAR - it should break
3) [line 3] CHIVARTA - white hair
4) [line 10] SHE'EIN TOCHO K'VARO - whose inside (true self) is not the same as his outer appearance (insincere)

5) [line 16] ACHAZU LEI - they showed him
6a) [line 17] CHATZBEI CHIVREI - white pitchers
b) [line 17] D'MALYAN KITMA - that are full of ashes, i.e. unworthy students
7) [line 18] L'YSUVEI DA'ATEI - to appease him

When in doubt as to the nature of an item, we normally follow the Rov (majority) and assume that the item is of the same Halachic status as the majority of such items. For instance, if a piece of meat is found lying on the street (or in the hands of a non-Jew in the street), and most of the meat in the town is kosher, it can be safely assumed that the meat is kosher. This is learned from "Acharei Rabim l'Hatos" (Shmos 23:2).

If, however, the nature of the item was doubt while it was still found "in its place," or Kavu'a, (i.e. it was not separated from other items of its kind), we do not follow the Rov but rather we remain in doubt as to the status of the item. For instance, if a person buys meat in a store and then forgets whether he bought it at a kosher or non-kosher store, we cannot assume the meat is kosher just because most of the stores are kosher. Its status was in doubt while it was still in its proper place (= the store), before it was separated from the other pieces of meat in the store. (If the meat was found in the hands of a Jew on the street it is also called Kavu'a, since the Halachic question began at the time the Jew who is holding it purchased the meat from the store, and at that time the meat was still in its proper place.)

In our Gemara, according to Rebbi Yehoshua, we are in doubt as to which nation Yehudah Ger Amoni came from. The doubt certainly started after his family left its proper place, since in its proper place there was no doubt. Therefore we assume that he came from the majority of non-Jews, who are permitted to marry Jews after they convert. (Had he been definitely from Amon, he may not marry a Jew, as stated in Devarim 23:4)

*9*) [line 31] HO'IL V'HACHI HAVAH - (a) since the people are so upset about the way I treated Rebbi Yehoshua (see Girsa section #1);
(b) since I see that the Halachah is like Rebbi Yehoshua in this matter, he deserves my respect (Rashi in the Ein Yakov)

10a) [line 32] CHAZINHU L'ASHISA D'VEISEI D'MESHACHARAN - he saw that the walls of his house were black
b) [line 32] PECHAMI - (a) a coal-producer; (b) blacksmith

11) [line 34] NA'ANEISI LECHA - (a) I spoke against you too much (RASHI);
(b) I have humbled and lowered myself in front of you (RASHASH, based on Shmos 10:3)

12) [line 35] PIYEIS - he was appeased
13) [line 36] D'LAVISH MADA - a person who wears the mantle
14) [line 38] TROKU GALEI - lock the gates
15) [line 39] TARAF A'BAVA - he knocked on the gate
16a) [line 40] MEIMECHA MEI MA'ARAH - your waters are from caves

b) [line 40] MEI ME'ARAH
(a) If a person (or utensil) became Tamei through touching a *Mes*, he must wait seven days to go to the Mikvah. On the third and seventh days he must have Mei Chatas (spring water mixed with ashes of the Parah Adumah) sprinkled on him. A person who is Tahor dips three hyssops (Ezov) which have been bound together into the Mei Chatas and sprinkles them on the person who is Tamei. Afterwards, he immerses in a Mikvah to complete his purification.

(b) The water that is used to make Mei Chatas must be spring water. If it is standing water that comes from a cave, it is unfit for use as Mei Chatas.

(c) A Kohen who asks for a fee to perform the sprinkling process of the Mei Chatas may receive a penalty that even if he draws water from a spring, it is considered Mei Me'arah. TOSFOS on Kidushin 58b DH Meimav states that his water is simply not considered spring water but rather standing water. RASHI ibid. DH Mei Me'arah explains that it is considered Seruchim (lit. foul-smelling) because of his poor conduct.

17) [line 41] EFER MAKLEH
Ordinary ashes that are found in stoves and ovens are called Efer Makleh. It is obvious that they my not be used for Mei Chatas. In certain circumstances, a Kohen may receive a penalty such that any time he works with the ashes of a Parah Adumah, they are considered Efer Makleh. One such case is if he asks for a fee to perform the sprinkling process of the Mei Chatas, as stated in Gemara Kidushin 58b.

18) [line 42] NA'ABREI - [Should we] replace him (Rebbi Elazar Ben Azarya)?
19) [line 42] GEMIREI - we have learned, it is well known

When a person or object receives a higher status of holiness, we do not lower its status at a later time. We may only raise it to a higher level.

21) [line 43] L'KAN'UYEI - to be jealous of each other
22) [line 49] V'AKABEL AGRA - and I will receive reward
23) [line 51] TANA MINEI ARBE'IN ZIMNIN - he (Rebbi Zeira) asked him (Rav Nasan Bar Tubi) to repeat the teaching 40 times

24a) [line 51] CHADA HI LACH - is it the only Halachah that you learned in the name of Rebbi Yochanan?
b) [line 51] CHADAS HI LACH - is it new (a Chidush) to you [that Rebbi Yochanan said it]?

25) [line 53] "NUGEI MI'MO'ED ASAFTI, MIMECH HAYU" - "Destroyed are those that pass up the set times of [prayer and] the festivals, I have taken them away from you (those that came from you)" (Tzefanyah 3:18)

26) [line 53] TAVRA - destruction
27) [line 54] SAN'EIHON D'VEIS YISRAEL - the People of Israel (the word "enemies" is an extra word in order not mention the destruction the People of Israel themselves)

28) [last line] "DALFAH NAFSHI MI'TUGAH" - "My soul sheds tears from sorrow/distress" (Tehilim 119:28)


29) [line 2] L'ANUCHEI DA'ATEI - to set his mind at ease
30) [line 4] CHALISH LIBA'I - I felt weak
31) [line 14] DEVAR TAKALAH - an error; stumbling block

32a) [line 15] BI'KNISASO, MAHU OMER? - what does he say when he enters the Beis ha'Midrash?
b) [line 19] YOSHVEI KERANOS - those that sit at street corners (idlers)

33) [line 22] BE'ER SHACHAS - Well of Destruction , i.e. Gehinom (Tehilim 55:24). (It is called a well because it constantly spews forth destruction - see Rav Hirsch there)

34) [line 23] ORCHOS CHAYIM - correct behavior (lit. paths of life)
35) [line 24] HIGAYON - (a) reading Tanach (because it draws a person away from his Gemara and Halachah); (b) childish talk

36) [line 27] PATISH - pick
37) [line 41] HA'OSEH TEFILASO KEVA - he who prays by rote (see Gemara below 29b)

38) [line 43] B'CHOL PARASHAS HA'IBUR - every period of time that they go astray to sin

39) [line 45] ASDA - (a) fetters; (b) a raft

40) [line 46] 18 AZKAROS - the eighteen times that HaSh-m's name is mentioned
41) [line 48] SHE'YISPAKEKU - that they should stick out
42) [line 49] ISAR - a smooth band of skin (between two wrinkles) that is the size of an Isar, a Roman coin which is the equivalent of 1/24 of a Dinar

43) [line 49] NI'ANE'A - shook
44) [line 50] TISHSEREI - nineteen
45) [line 53] SHIMON HA'PAKULI - Shimon the Cotton Dealer (who sold tufts of cotton)

46) [line 53] HISDIR 18 BERACHOS - arranged the 18 blessings in their proper order

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