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Previous dafPesachim 25
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.)
 Gemara 25a [line 18]:
The words "Ikaran *Ne'esarin*"
should be "Ikaran *Ne'esar*"
This is the Girsa in Dikdukei Sofrim #6. It is also Rashi's Girsa.
1) [line 1] SHE'AS HA'KOSHER - a time when it was permitted
2) [line 18] IKARAN (NE'ESARIN) [NE'ESAR] - the original plantling becomes
forbidden once it takes root (RASHI here and to Chulin 116a)
3) [line 20] ATZITZ NAKUV - [wheat planted in] a flowerpot with a drainage
hole (which receives sustenance from the ground underneath)
4) [line 25] ATZEI ASHEIRAH - wood from a tree that has been worshipped as
an Avodah Zarah. (Asheirah was a popular fertility goddess in the Near East.
She is identified with Astarte (Ashtaros) and Aphrodite
5) [line 4] NA'ARAH HA'ME'URASAH (ONES)
(a) If someone lives with a married woman after not heeding the warning of
two witnesses, he is put to death by Chenek (choking), as it states in the
Torah (Devarim 22:22).
(b) However, in one instance the Torah prescribes a different punishment, as
it states in Devarim 22:23-24. If the woman was a Na'arah Besulah Me'urasah
(a *virgin*, during the *first six months* after reaching her physical
maturity (Na'arus), who has been betrothed through *Eirusin* (Kidushin) but
not Nisu'in -- i.e. she has not moved into her husband's house yet), he is
put to death by Sekilah (stoning).
(c) A person who sees a man raping a Na'arah ha'Me'urasah -- or any married
woman, or any of the other Arayos, forbidden relations -- is permitted by
the Torah to kill the rapist in order to stop him, if it is not possible to
stop him in another way. This Halachah is learned from the verse, "v'Hi
Tza'akah v'Ein Moshi'a Lah," (Devarim 22:27), which implies that it is
permitted to save a Na'arah ha'Me'urasah even by killing the rapist.
6) [line 11] MAREI DURA'I - the ruler of my village
7a) [line 13] MAI CHAZIS - for what reason did you presume
b) [line 13] D'DAMA DIDACH SUMAK TEFEI? - that your blood is redder than
his (i.e. that your life is more precious than his)?
8) [line 16] D'SHAYIF - that he was smearing
9) [line 16] GUHARKEI - undeveloped olives
10) [line 18] ESHATA TZEMIRTA - (O.F. maleveid) a fever which heats and
burns the body
11) [line 22] EFSHAR V'KA MICHAVEN - it is possible for him to refrain from
having benefit or deriving pleasure yet he has full intent to benefit or
12) [line 26] DAVAR SHE'EIN MISKAVEN ASUR
(a) A Davar she'Eino Miskavein is an act which is done for a certain purpose
(which can be accomplished without transgressing an Isur Torah), but which
*may* result in an Isur Torah being inadvertently performed. Rebbi Yehudah
prohibits performing such an action, since it may result in an Isur Torah.
Rebbi Shimon disagrees, claiming that even though an Isur Torah may result
from this action, since the Isur Torah will come about without intent, the
action is permitted.
(b) The laws of a Davar she'Eino Miskaven (that it is permitted according to
Rebbi Shimon or forbidden according to Rebbi Yehudah) apply only when it is
not inevitable that an Isur Torah will occur as a result of one's action.
However, when an Isur Torah will definitely occur as a result of one's
action, it is known as a Pesik Reshei and is forbidden. For example, if a
person cut the head off of a chicken on Shabbos and states that he had no
intention to kill the animal but he merely wanted its blood to feed to his
dogs, it is considered as though he had full intention to kill the animal
since it was an inevitable outcome of his act, and he is Chayav.