REVACH L'DAF
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12TH CYCLE DEDICATION
BECHOROS 18 (6 Kislev) - Dedicated in honor of the Yahrzeit of Eliezer ben Reb Shraga Feivel Marmorstein by his nephew, Mr. David Kornfeld, whom Mr. Marmorstein raised like his own child after the Holocaust. |
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SUMMARY
1. If the body of a murder victim is found equidistant between two cities, there is a disagreement about whether an Eglah Arufah must be brought.
2. Rebbi Tarfon retracted his statement that in a case where a sheep seems to have given birth to two male offspring at once, the Kohen chooses the better sheep.
3. If two people each deposited a sheep with a shepherd and one of the sheep died, the shepherd may leave the remaining sheep to be split between the two owners.
4. If a person deposited a sheep with a shepherd who was tending his own sheep and one of the sheep in the herd died, the shepherd is believed to claim that the other person's sheep died.
5. The Mishnah here (18b) discusses similar cases to those discussed by the Mishnah earlier (17a), but involves cases of multiple sheep giving birth at once (see Daf 17, #4-5).
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A BIT MORE
1. The Tana Kama says that no Eglah Arufah is brought. Rebbi Eliezer rules that each city brings an Eglah Arufah. The Chachamim maintain that the two cities jointly bring an Eglah Arufah, and they stipulate that whoever is obligated to bring it is given the half owned by the other city as a gift.
2. The Gemara proves that he retracted his ruling from the fact that he later ruled that in a case where one sheep dies, the owner and Kohen should split the sheep. If he maintained that the Kohen chooses the better sheep, then we should just see whether the better sheep or the weaker sheep died, and this will determine who keeps the other sheep.
3. This ruling applies in a case in which it is not clear which sheep died.
4. Since the owner of the sheep cannot prove that it was not his sheep that died, he cannot demand money from the shepherd, and the rule, "ha'Motzi me'Chaveiro Alav ha'Re'ayah" applies.
5. Almost all of the opinions in the Mishnah are the same as those found earlier (17a). The Gemara indeed asks why this Mishnah needs to be repeated with cases of multiple sheep giving birth.
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