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Menachos 82

1) [line 1] "SHAM" "SHAM" - the Gezeirah Shavah between the two words "Sham" in the verses dealing with (a) Korbenos Shelamim, "v'Zavachta Shelamim v'Achalta *Sham* v'Samachta Lifnei HaSh-m Elokecha" - "And you shall offer Shelamim offerings, and shall eat *there*, and rejoice before HaSh-m, your G-d." (Devarim 27:7), and (b) Ma'aser, "v'Achalta *Sham* Lifnei HaSh-m Elokecha, v'Samachta Atah u'Veisecha" - "[And you shall use that money [to buy] whatever your soul desires, for oxen, or for sheep, or for wine, or for strong drink, or for whatever your soul desires;] and you shall eat *there* before HaSh-m your G-d, and you shall rejoice, you, and your household." (Devarim 14:26)

2) [line 6] EIN MIN MA'ASER - it is not an item of [produce of the earth, from which] Ma'aser [is separated]

3a) [line 9] HA'MATPIS MA'OS MA'ASER SHENI LI'SHELAMIM - one who designates money from the redemption of Ma'aser Sheni, with which to purchase a Korban Shelamim
b) [line 10] LO KANU SHELAMIM - (lit. they did not "buy" Shelamim) his actions were not effective in reserving the money only for Shelamim; he may purchase other food items with the money

4a) [line 12] CHAYAH - a Kosher non-farm animal
b) [line 13] BEHEMAH - a Kosher farm animal

5) [line 13] BESAR TA'AVAH - (lit. meat of desire) ordinary, non-consecrated meat; the phrase is based upon the verse (Devarim 12:20)

6) [line 13] LO YATZA HA'OR L'CHULIN - the hide does not become Chulin. A person should use the money of redemption of his Ma'aser Sheni fruits to purchase Behemos Tehoros for Korbanos, specifically Korbenos Shelamim. Should he wish to eat non-consecrated meat, he may buy Chayos Tehoros (such as deer), which are not fit to offer as Korbanos. When he follows this method, the hides of the animals (and the wool of sheep) become Chulin (Eruvin 27b). In the Mishnah brought by our Sugya (Ma'aser Sheni 1:4), the person did the exact opposite, using his Ma'aser money to purchase Chayos Tehoros for Korbenos Shelamim and Behemos Tehoros as Basar Ta'avah. As such, the hides do not become Chulin; rather, they remain Kadosh like the money of Ma'aser and the person must buy with them their equivalent in Korbenos Shelamim, for example. The Gemara intends to use this Mishnah to show that if a person is Matpis Ma'os Ma'aser Sheni li'Shelamim, his actions *are* effective in reserving the Ma'aser money only for Shelamim

7) [line 14] LAV L'MEIMRA D'KANI SHELAMIM? - Does this not show that he has reserved his Ma'aser money for Shelamim?

8) [line 16] EINO B'SORAS LATZEIS HA'OR L'CHULIN - since he did not follow the Halachah correctly (see above, entry #6), his actions were not effectual in consecrating anything. As such, (a) the hides will not be of the type that "goes out" [of being Hekdesh] to [become] Chulin; rather, they are and were always Chulin (RASHI, 1st explanation); (b) the hides will not be of the type that are bought as Korbenos Shelamim, where the meat of the Korban is eaten and the hide "goes out" to [become] Chulin (RASHI, 2nd explanation, RASHI KESAV YAD, TOSFOS)

9) [line 18] NA'ASEH K'LOKE'ACH SHOR L'CHARISHAH - the hide is similar to the case of a person who uses Ma'aser Sheni money to purchase a bull for plowing, (a) which does not become consecrated as a Korban Shelamim, neither it not its hide (RASHI, 1st explanation); (b) where the Halachah states that he must sell the bull and its hide and purchase items that are fit to be purchased with Ma'aser money (RASHI, 2nd explanation)

(a) The Tana'im argue as to whether Ma'aser Sheni produce is Mamon Gavo'ah (the property of HaSh-m's estate) or Mamon Hedyot (the property of its [mortal] owner (Kidushin 54b).
(b) According to Rebbi Meir, who rules that it is Mamon Gavo'ah, Ma'aser Sheni is not personal property. The owner is only given custodianship of the produce, along with the right to eat it, drink it or (in the case of oil) anoint oneself with it (Rashi to Bava Metzia 90a and to Yevamos 73a). According to the Rebbi Yehudah, who rules Mamon Hedyot Hu, Ma'aser Sheni is like any other personal property, except that the Halachah requires that it be eaten in a specific manner and place.

See Background to Menachos 81:14b.

12a) [line 27] ECHAD L'KODESH - one Chomesh for the redemption of the Shelamim (see Background to Menachos 66:40)
b) [line 28] ECHAD L'MA'ASER - one Chomesh for the redemption of the Ma'aser Sheni

13a) [line 30] HAREI ALAI TODAH - if one pledges, "It is incumbent upon me to bring a Korban Todah" (in which case he must bring another animal if the first one he designates gets lost), he has created an obligation to bring the Korban. Obligations may only be separated from money that is Chulin, as the Mishnah and Gemara explain (see next entry).

(a) Every Korban that a person is required to bring must be set aside from animals that are Chulin (non-consecrated). This applies whether the obligation to bring the Korban stems from the Torah, such as Pesach, Chatas, Asham, etc., or whether it stems from the person himself, such as if he vowed to bring a Korban Olah, Shelamim or Todah. He does not fulfill his obligation unless he sets aside and offers as the Korban an animal that is Chulin. Therefore, if the person owns an animal that he already set aside as a Korban by declaring it a Nedavah (e.g. by saying, "This animal shall be a Shelamim"), or if he owns money that was used for the redemption of Ma'aser Sheni (which retains the Kedushah of Ma'aser Sheni), he cannot fulfill his obligation by bringing the animal that was declared a Nedavah, or by purchasing an animal for his Korban with the money that was used to redeem Ma'aser Sheni (Menachos 82a).
(b) If a person vows to bring a Korban and specifies *at the time of his vow* that he may bring an animal that is already Kadosh, or that he may purchase an animal with money that was used to redeem Ma'aser Sheni, then he *does* fulfill his vow with the animal that was Kadosh as a Nedavah or with the money that was used to redeem Ma'aser Sheni (ibid.).

14a) [line 32] TZON - sheep or goats
b) [line 32] BAKAR - cattle
15a) [line 33] KEVASIM - sheep
b) [line 33] IZIM - goats
16) [line 37] HO'IL U'VA'IN CHOVAH - since they must be brought as obligatory sacrifices (see above, entry #13)

17) [line 39] NE'EMAR PESACH B'MITZRAYIM V'NE'EMAR PESACH L'DOROS - the verses mention the first Korban Pesach that was brought in the land of Egypt and the Korban Pesach that was brought by subsequent generations in Eretz Yisrael (KORBAN PESACH)
(a) It is a Mitzvah for all Jews to offer a Korban Pesach on the fourteenth of Nisan in the afternoon, as it states in the Torah, "and the whole assembly of the congregation of Yisrael shall slaughter it towards evening." (Shemos 12:6). The Pesach is an unblemished male lamb or goat within its first year that is roasted in its entirety. It is eaten with Matzah (unleavened bread) and Maror (bitter herbs), as the verse states, "And they shall eat the meat in that night, roast with fire, and Matzos; and with Merorim they shall eat it." (ibid. 12:8).
(b) An adult (who was Tahor and was not far from the Beis ha'Mikdash on the fourteenth of Nisan) who willfully did not offer the Korban Pesach is liable to the Kares punishment.
(c) In order to eat from the Korban Pesach, a person must be "appointed" to the Korban before it is slaughtered. This appointment is called "Minuy." Each Pesach must have appointed to it people who are able to eat at least a k'Zayis of the meat on the night of the fifteenth of Nisan. The Korban is sacrificed in the name of all the people who were appointed for that specific Pesach animal. The people appointed to the Pesach then eat at least a k'Zayis of the Pesach together in a "Chaburah." (Some Tana'im maintain that a single Pesach may be split into many Chaburos eating in different places -- Pesachim 86a.) No bones of the Pesach are allowed to be broken (Shemos 12:46).
(d) The verses limit the people who are permitted to eat the Korban Pesach. Nochrim, people who are Tamei and men who are uncircumcised are prohibited from eating the Korban Pesach (Shemos 12:43-44).

(a) There is a general argument among the Tana'im (Menachos 62a and elsewhere) as to whether the Halachah in one particular situation may be derived by comparison to another situation in which the Halachah is dictated solely by practical impossibility ("Iy Efshar").
(b) Rebbi Eliezer compares the Korbenos Pesach brought throughout the generations to the Korban Pesach brought in Egypt. It was impossible (Iy Efshar) to bring the Korban Pesach in Egypt from money that was designated as Ma'aser Sheni (since they were not yet commanded at the time to separate Ma'aser Sheni from their produce). From this Rebbi Eliezer proves that the Korbenos Pesach of the subsequent generations must also be brought from money that is Chulin and not from money that is Ma'aser Sheni (Efshar). Rebbi Akiva argues, arguing that we cannot derive the Halachah in a scenario that is Efshar from a scenario that is Iy Efshar.

19) [last line] SHE'KEN EIN TA'UN MATAN DAMIM V'EIMURIN L'GABEI MIZBE'ACH - since it did not require that its blood be cast on the Mizbe'ach and that its Eimurim be burned upon the Mizbe'ach


20) [line 6] LEIKU B'MILSEI - he should remain with his original objection of "Ein Danin Efshar mishe'Iy Efshar," rather than asking a question about the comparison of Pesach Mitzrayim to Pesach Doros

21) [line 6] IY HADAR BEI - if he retracted his opinion (and now rules that "Danin Efshar mishe'Iy Efshar")

22) [line 8] PESACH MIDBAR YOCHI'ACH - the Pesach that Benei Yisrael offered in the desert (Bamidbar 9:1-5)

(a) One of the methods that Chazal use for extracting the Halachah from the verses of the Torah is Hekesh, in which two subjects that are mentioned in a verse are compared. If there are a few possible Halachos that the Hekesh teaches, we learn them all ("Ein Hekesh l'Mechtzah"). We do not say that it teaches us only one or two of the Halachos (unless we have an explicit teaching that excludes a specific Halachah).
(b) Normal questions that can invalidate a Kal va'Chomer (see Background to Avodah Zarah 46:22) or a Gezeirah Shavah (see Background to Zevachim 103:30) will not invalidate a Hekesh ("Ein Meshivin Al ha'Hekesh").

24) [line 21] UV'TARBITZA AMUR - and in the Beis ha'Midrash it was said (the word "Tarbitza" is used for a Beis ha'Midrash since it a "Makom she'Marbitzim Bo Torah" - "a place where Torah learning is spread" (TOSFOS)

(a) In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. They include Kal va'Chomer, Gezeirah Shavah, Binyan Av, Hekesh, etc.
(b) The Gemara (Zevachim 49b-50a) investigates whether a Halachah that is extrapolated from one of these methods can be used further to teach the same Halachah in a different subject using another (or the same) one of these methods.

26) [line 22] BI'CHELALA ITMAR, [D']PESACH KULEI CHADA MILSA HI - that is, Pesach Mitzrayim and Pesach Doros belong to the same general topic, and it is not considered that a Hekesh is being used to compare them

27) [line 25] NAFKA LEI ME'HA D'AMAR SHMUEL MISHUM REBBI ELIEZER - that is, he learns it from the *same verse* (Vayikra 7:37) from which Shmuel teaches Halachos in the name of Rebbi Eliezer. However, his source for the Halachah of Pesach being brought from an animal that is Chulin is not stated by Rebbi Eliezer; Rebbi Eliezer actually learns a different Halachah from this source (RASHI KESAV YAD)

28) [line 26] "ZOS HA'TORAH LA'OLAH LA'MINCHAH VELA'CHATAS VELA'ASHAM; VELA'MILU'IM UL'ZEVACH HA'SHELAMIM." - "This is the law regarding the Olah sacrifice (burnt offering) the Minchah (flour offering), the Chatas (sin offering), the Asham sacrifice (certain other sin offerings); the sacrifices on the days of the Milu'im (inaugural sacrifices) and the Shelamim sacrifice (peace offering)." (Vayikra 7:37)

29) [line 29] MIZRAK - a bowl (used to receive the blood of the Korban)
30) [line 29] ZIVCHEI SHALMEI TZIBUR - public Shelamim offerings (see next entry)

31) [line 30] "[VA'YIKACH MOSHE CHATZI HA'DAM] VA'YASEM BA'AGANOS" - "[And Moshe took half of the blood] and placed it in the bowls" (Shemos 24:6) - The Gemara derives from this verse that Shalmei Tzibur (public Shelamim offerings, as described in Shemos 24:5) require that a consecrated bowl be used to receive the blood.

32) [line 32] MA'ACHELES - a knife for Shechitah, which is called a Ma'acheles (a) since it "eats" ("Ocheles") the meat (RASHI to Bereishis 22:10, 1st explanation); or (b) since it renders meat fit for eating by ritual slaughter (RASHI ibid., 2nd explanation); or (c) *this* knife mentioned during the story of Akeidas Yitzchak is called a "Ma'acheles," since Benei Yisrael "eat" the reward that Avraham received for passing the test of the Akeidah (RASHI, 3rd explanation)

33) [line 34] EINAH NE'ECHELES ELA L'ZICHREI KEHUNAH - the Sheyarei ha'Minchah are eaten in the Azarah of the Beis ha'Mikdash by male Kohanim (since they have the status of Kodshei ha'Kodashim)

34) [line 35] AF KOL EIN NE'ECHALIN ELA L'ZICHREI CHEHUNAH - the Gemara (Daf 83a) will show that this refers to Zivchei Shalmei Tzibur

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