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BEITZAH 27 (26 Nisan) - dedicated by Mr. Avi Berger of Queens, N.Y./Passaic, N.J. in memory of his mother, Leah bas Michel Mordechai, in honor of her Yahrzeit.

1)

PERMITTING A BECHOR ON YOM TOV (cont.)

(a)

R. Ami declined to rule on the Bechor of R. Yehudah ha'Nasi (in accordance with R. Shimon).

(b)

Question (R. Zerika or R. Yirmeyah): But in a dispute with R. Shimon the Halachah follows R. Yehudah!?

(c)

R. Yitzchak Nafcha similarly declined the animal.

(d)

Question (R. Yirmeyah or R. Zerika): Same as b.

(e)

Answer (R. Aba): Let the experts rule like R. Shimon!

(f)

Question: On what basis do you say this?

(g)

Answer (R. Aba): A tradition from R. Zeira that the Halachah here follows R. Shimon.

(h)

Question (A student who travelled to R. Zeira): Did you rule like R. Shimon?

(i)

Answer: No, I did not rule that way, it rather seems logical to me (since the position of R. Shimon not to rule on a Bechor is taught in a Beraisa as the position of Chachamim).

(j)

Question: What is the Halachah?

(k)

Answer (R. Yosef): The previous generations have indicated, by praising the position of R. Shimon b. Menasia as aligning with the view of R. Meir, that the Halachah follows R. Shimon.

1.

The elders appeared to be citing R. Shimon as ruling like R. Meir.

2.

This is unlikely since they were older than R. Shimon, rather, they were highlighting the similarity between R. Shimon's position regarding examining a Bechor and a position of R. Meir in his dispute with R. Yehudah.

i.

(R. Yehudah): One who slaughters a Bechor and only thereafter shows it to an expert may, nevertheless, eat the blemished animal.

ii.

(R. Meir): Since the animal was slaughtered without the benefit on an expert it is Asur.

iii.

This demonstrates that, according to R. Meir, examining a Bechor is more stringent than examining a regular Tereifah (which may be done after Shechitah).

iv.

By extension, this significance afforded the checking of a Bechor makes it prohibited as an act of Tikun on Yom Tov.

(l)

Question (Abaye): The dispute between R. Meir and R. Yehudah is unrelated to examining Mumin, but rather is about penalizing one who acts against Chazal (by knowingly slaughtering a Bechor before its examination)!

1.

This may be demonstrated by the assertion of Rabah bar bar Chanah (citing R. Yochanan) that (R. Meir and R. Yehudah would concur to prohibit the animal which had blemishes which may change after the animal is slaughtered and) the dispute surrounds the issue of penalty (applying the prohibition over such changing blemishes to all cases).

2.

(R. Nachman b. Yitzchak): The style used by R. Meir to assert the prohibition also indicates that the issue is a penalty.

2)

EXAMINING THE MUM AND SUBSEQUENTLY INVESTIGATING IT

(a)

When people complained to R. Ami that Ami Vardena'ah refused to examine Bechoros on Yom Tov, R. Ami supported his refusal.

(b)

Question: But R. Ami himself examined a Mum on Yom Tov!?

(c)

Answer: He had already inspected the Mum before Yom Tov and he only investigated the matter on Yom Tov.

27b----------------------------------------27b

(d)

In the reported incident, Rava glanced at the animal during his Erev Yom Tov preparations and only interrogated the Kohen the next day.

(e)

Rava needed to preclude the possibility that the Kohen had indirectly (Gerama) precipitated the Mum by luring the animal into the fence which blemished his eye.

(f)

Question: On what basis is Gerama prohibited?

(g)

Answer: The Beraisa learns it from Kol Mum.

3)

MISHNAH: THE MUKTZAH STATUS OF A CARCASS

(a)

A carcass may not be moved on Yom Tov.

(b)

In the incident where R. Tarfon both received and then asked this question, along with a question regarding moving a Chalah which became Tameh, the answer was that they are not to be moved.

4)

OUR MISHNAH AND THE POSITION OF R. SHIMON

(a)

Question: Our (Stam) Mishnah appears to oppose the position of R. Shimon (and supports R. Yehudah):

1.

(R. Shimon): One may cut up a carcass for his dogs.

2.

(R. Yehudah): Provided that it was a Neveilah before Shabbos, or it is Muktzah.

(b)

Answer: R. Shimon could concur with our Mishnah if it speaks of a healthy animal dying on Shabbos.

(c)

Question: But what of the opinions that R. Shimon maintains his Heter even when the animal was healthy!?

(d)

Answer: Ze'iri interpreted our Mishnah as speaking of a Kodeshim animal (which could anyway not be given to his dogs).

1.

The Mishnah would agree with R. Shimon if the animal were Chulin.

2.

By coupling this question with Chalah which became Tameh, the Mishnah indicates that the subject matter is Kodeshim.

(e)

Question: Then the Mishnah is a challenge to those who maintain that R. Shimon prohibits a healthy animal which dies on Shabbos!?

(f)

Answer: The Mishnah is speaking of an endangered animal.

5)

MISHNAH: TRANSACTIONS ON YOM TOV

(a)

A group of people should not join for the purpose of purchasing an animal on Yom Tov (Ein Nimnin).

(b)

They may join before Yom Tov, and the animal is slaughtered and apportioned on Yom Tov without.

6)

EIN NIMNIN

(a)

Question: What is meant by this expression?

(b)

Answer (R. Yehudah citing Shmuel): One may not assign a value to an object on Yom Tov.

(c)

Question: Then how can he collect its value tomorrow?

(d)

Answer (Rav): By comparing the slaughtered animal to a remaining animal, and evaluating the remaining one at time of payment (as supported by the Beraisa which allows a purchase by referring to a portion to be bought, but without reference to money).

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