POINT BY POINT OUTLINE
in memory of Reb David ben Aharon Ha'Levi Rosenwald z"l
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
1) INFORMING PEOPLE TO PRAY FOR TREES
(a) Answer: The ribbon informs people to pray that the tree should improve;
1. (Beraisa): "'Tamei, Tamei' he will call" - a Metzora announces his plight, so people will pray for him.
(b) (Ravina): There is a practice to hang a cluster of dates on a date tree whose dates fall down. This is like the Tana of Beraisa #1.
PEREK OSO V'ES BENO
2) THE PROHIBITION OF OSO V'ES BENO
(a) (Mishnah): Oso v'Es Beno (the Isur to slaughter a mother and her child on the same day) applies both in Eretz Yisrael and in Chutz La'aretz, whether or not the Mikdash stands, to Chulin and to Kodshim.
(b) If a mother and her child were slaughtered on the same day, both animals are Kosher. The one who slaughtered last receives 40 lashes. (In all the cases below, the second Shochet is lashed.)
(c) If both animals were Kodshim (Korbanos) and they were slaughtered outside (the Mikdash), the first Shochet is Chayav Kares and is also lashed (for Shechutei Chutz). Both animals are forbidden (they are Pasul Korbanos);
(d) If both were Chulin and they were slaughtered inside (the Mikdash), both are forbidden. (They are Chulin b'Azarah.)
(e) If both were Kodshim and they were slaughtered inside, they are Kosher and Pasul. (The first is Kosher and the second is Pasul. We always describe the animals and their status in the order in which they were slaughtered.)
(f) If they were Chulin and Kodshim and both were slaughtered outside, they are permitted and Pasul;
(g) If they were Kodshim and Chulin and they were slaughtered outside, the first Shochet is Chayav Kares and is lashed, they are Pasul and Kosher;
(h) If they were Chulin and Kodshim and both were slaughtered inside, both are forbidden;
(i) If they were Kodshim and Chulin and they were slaughtered inside, they are Kosher and forbidden;
(j) If both were Chulin and they were slaughtered outside and inside, they are permitted and forbidden;
(k) If both were Kodshim and they were slaughtered outside and inside, the first Shochet is Chayav Kares and is lashed. Both Korbanos are Pesulim;
(l) If both were Chulin and they were slaughtered inside and outside, they are forbidden and permitted;
(m) If both were Kodshim and they were slaughtered inside and outside, they are Kosher and Pasul.
3) OSO V'ES BENO APPLIES TO KODSHIM AND TO KIL'AYIM
(a) (Gemara - Beraisa) Question: What is the source that Oso v'Es Beno applies to Kodshim?
(b) Answer: "An ox, sheep or goat that will give birth... (may be offered for a Korban)... v'Shor Oh Seh Oso v'Es Beno you will not slaughter on one day" teaches that Oso v'Es Beno applies to Kodshim.
(c) Suggestion: We should learn that it applies only to Kodshim!
(d) Rejection: "V'Shor" is extra. It separates the verses (to teach that Oso v'Es Beno is not limited to Kodshim.)
(e) Suggestion: We should learn that it applies only to Chulin!
(f) Rejection: "V'Shor" connects Oso v'Es Beno to the previous matter (Kodshim).
(g) Question #1: If we connect it to Kodshim, we should say that it does not apply to Kil'ayim (a crossbreed, since it cannot be a Korban!)
1. (Beraisa): Oso v'Es Beno applies to Kil'ayim and to a Koy (a crossbreed; it will be explained below.)
(h) Question #2: Oso v'Es Beno should not apply to Kil'ayim because it says "Oh Seh"!
1. (Rava): Wherever the Torah says "Seh", this excludes Kil'ayim.
(i) Answer (to both questions): "Oh" includes Kil'ayim.
(j) Question: "Oh" is not extra. Had the Torah not wrote it, we would think that one transgresses Oso v'Es Beno only if he slaughters a mother and child of cattle and of flock!
(k) Answer: Since "Beno (its child)" is singular, we would not make that mistake. (Indeed, "Oh" is extra.)
(l) Question: "Oh" is needed for the following!
1. (Beraisa): Had the Torah said 'Shor v'Seh u'Veno', one might have thought that one transgresses only if he slaughters all three. "Shor Oh Seh Oso v'Es Beno" teaches that this is not so.
2. Suggestion: The word "Oh" teaches that all three are not required.
(m) Answer: No, we learn this from "Oso". (Below, Chachamim and Chananyah argue about how to expound "Oso".)
(n) Question: Chachamim can learn like this, for they don't learn anything else from "Oso". How can Chananyah answer?
(o) Answer: He holds like R. Yonason, whenever the Torah says "and", it means "or" unless it specifically says "together";
1. (Beraisa - R. Yoshiyah) Question: The Torah obligates "a man who will curse his mother and father." What is the source that he is liable if he curses only one?
2. Answer: It says "his father and his mother he cursed."
3. R. Yonason says, ("and") connotes both or only one, unless the Torah specifies "together".
4) THE FATHER AND THE SON
(a) Question: What are the opinions of Chananyah and Chachamim?
(b) Answer (Beraisa): Oso v'Es Beno applies to a mother (and her child), but not to a father;
(c) Chananyah says, it applies to mothers and fathers.
(d) Question: What is Chachamim's reason?
(e) Answer (Beraisa): One might have thought that Oso v'Es Beno should apply to mothers and fathers. The Torah teaches that it does not;
1. Shilu'ach ha'Kan (the Mitzvah to send away a bird sitting on its eggs or chicks before taking them) applies only to a mother, but not to a father;
2. Also Oso v'Es Beno applies only to mothers!
3. Objection: Oso v'Es Beno applies in more cases than sending the mother bird, e.g. it applies to one's own animals. Perhaps it also applies to fathers!
4. Answer: "Oso" connotes one parent, and not both.
i. Once we know this, we may now learn from Shilu'ach ha'Kan. Just like that applies only to the mother, also Oso v'Es Beno.
ii. If you prefer, you can learn from "Beno", which connotes the parent that a child follows around. This does not apply to a father.
iii. Question: What objection might one have to the previous explanation?
iv. Answer: "Oso" is masculine, which denotes the father.
5. Chananyah explains, "Oso" is masculine, which denotes the father. "Its son" denotes the parent that a child follows around, i.e. the mother. Therefore, both are included.