1)

REDEMPTION OF A BA'AL MUM

(a)

(Mishnah): If one was Makdish an animal with a permanent (Kavu'a) Mum for any Korban, and it was redeemed, the following laws apply to the animal:

1.

(If it will bear a firstborn male,) Kedushas Bechor applies to it. Matanos must be given (when it is slaughtered). It becomes Chulin (permitted) with respect to shearing it and working with it. Its offspring and milk (after redemption) are permitted. One who slaughters it outside (the Mikdash) is exempt. It cannot make (another animal Kodesh through) Temurah;

2.

If it died, it is redeemed, except for Bechor or Ma'aser.

(b)

If one was Makdish an animal with no Mum or a temporary (Over) Mum, and it became a Ba'al Mum Kavu'a, and it was redeemed, the following laws apply:

1.

It is exempt from Bechorah and from Matanos, it does not become Chulin regarding shearing it or working with it, its offspring and milk are forbidden, one who slaughters it outside is liable, it can make Temurah;

2.

If it died (without Shechitah), it is buried.

(c)

(Gemara) Inference: (In the Reisha) Kedushas Bechor and Matanos apply because it was redeemed. If not, it would be exempt;

1.

The Tana holds that Kedushas Damim exempts from Bechorah and Matanos.

(d)

(Mishnah): It becomes Chulin (regarding shearing it or working with it).

(e)

Inference: These are permitted because it was redeemed. If not, they would be forbidden.

(f)

Suggestion: This supports R. Elazar, who forbids shearing or working with Kodshei Bedek ha'Bayis (which is also Kedushas Damim)!

(g)

Rejection: No. This animal has Kedushas Damim for the sake of (buying) Kodshei Mizbe'ach. This can be confused with Kedushas ha'Guf for the Mizbe'ach. Chachamim decreed to forbid shearing it or working with it before redemption;

1.

(Perhaps) there is no decree concerning Bedek ha'Bayis. (Shitah Mekubetzes - normally, one may not work with Bedek ha'Bayis. The case is, one paid Hekdesh for its labor, or we discuss less than the value of a Perutah, which does not become Hekdesh.)

(h)

(Mishnah): Its offspring and milk are permitted...

(i)

Question: What is the case?

1.

If it became pregnant and gave birth after it was redeemed, this is obvious. The child is fully Chulin!

(j)

Answer: It became pregnant before redemption and gave birth after redemption.

(k)

Inference: Had it given birth before redemption, the child would be forbidden.

14b----------------------------------------14b

(l)

Question: May the child be redeemed Tam (without a Mum), or only after it gets a Mum?

(m)

Answer (Beraisa): If one was Makdish a Ba'al Mum Kavu'a for the Mizbe'ach and it gave birth, the child may be sold without a Mum. It does not get Kedushas Guf, because what is Tefel (secondary) should not be greater than the Ikar (what is primary, i.e. the mother).

1.

Inference: It is not Kadosh because Tefel is not greater than the Ikar, but if a male was Hukdash for its value (to buy an Olah), it would have Kedushas ha'Guf!

(n)

This supports Rava;

1.

(Rava): If a male was Hukdash for its value, it gets Kedushas ha'Guf.

2)

A BA'AL MUM MAY NOT BE OFFERED

(a)

(Mishnah): One who slaughters it outside is exempt.

(b)

R. Elazar's text in the Mishnah reads 'he is liable.' R. Elazar explains that this refers to slaughtering on a private Bamah;

1.

(R. Elazar) Question: What is the source that one who slaughters a Ba'al Mum on a Bamas Yachid (at a time when Bamos are permitted) transgresses a Lav?

2.

Answer: "Lo Sizbach la'Shem Elokecha Shor va'Seh (Asher Yihyeh Bo Mum)";

i.

We do not need this to forbid a Ba'al Mum on a Bamas Tzibur. "Averes Oh Shavur... " already forbids this. Therefore, it forbids on a Bamas Yachid.

3.

Question: We should say since we do not need it for (regular) Kodshim on a Bamas Tzibur, it teaches about Bechor (on a Bamas Tzibur)!

i.

One might have thought that since a Ba'al Mum gets Kedushas Bechor (it is given to Kohanim, one may not shear it or work with it), it is like a Tam and may be offered -- "Lo Sizbach... " teaches that this is not so!

4.

Answer: Another verse explicitly teaches about Bechor - "Pise'ach Oh Iver... Lo Sizbachenu."

5.

Question: We should say since we do not need it for Kodshim on a Bamas Tzibur, it teaches about Ma'aser!

i.

A Ba'al Mum can become Ma'aser - "Lo Yevaker Bein Tov la'Ra." One might have thought that therefore, it may be offered;

ii.

"Lo Sizbach... " teaches that this is not so!

6.

Answer: We learn about Ma'aser from a Gezeirah Shavah "Ha'avarah-Ha'avarah" from Bechor.

7.

Question: We should say the verse teaches about Temurah!

i.

A Temurah can become Kodesh - "Lo Yachalifenu v'Lo Yamir (Oso Tov b'Ra)." One might have thought that therefore, it may be offered. "Lo Sizbach... " teaches that this is not so!

8.

Answer: "v'Hayah Hu u'Semuraso Yihyeh Kodesh" equates Temurah to it (the Korban it was intended to replace):

i.

Just like it (regular Hekdesh) may not be offered if it has a Mum, also its Temurah.

(c)

Question (R. Zeira): We should say that "Lo Sizbach" forbids offering a Vlad (offspring) of Kodshim that has a Mum!

1.

Since a Ba'al Mum born to a Korban becomes Kodesh, one might have thought that it can be offered. The verse teaches that this is not so!

(d)

Answer (Rava): We already know this from Tana d'Vei R. Yishmael:

1.

(Beraisa - Tana d'Vei R. Yishmael): (The following verse obligates bringing Korbanos to the Mikdash to be offered.) "Rak Kodoshecha" refers to Temuros. "Asher Yihyu Lecha" are Vlados Kodshim.

2.

(Rava): They are equated to "u'Nedarecha". Just like a Neder may not be offered if it is a Ba'al Mum, also (Temuros and) Vlados Kodshim.

(e)

(Mishnah): It cannot make Temurah.

(f)

Question: What is the reason?

(g)

Answer - Question: Why does it say "(Lo Yachalifenu... ) Tov b'Ra Oh Ra b'Tov"? Since one may not (try to) substitute a good animal (Tam) for a bad Korban (a Ba'al Mum), obviously one may not substitute a Ba'al Mum for a Tam!

1.

Answer: Rather, "Tov b'Ra" teaches that only a Korban that was initially Tam can make Temurah.

(h)

(Mishnah): If it died, it is redeemed.

(i)

(Rav): Our Mishnah is like R. Shimon, who says that Ha'amadah and Ha'arachah apply to Kodshei Mizbe'ach (to be redeemed, they must be stood up alive in front of a Kohen for evaluation), but not to Kodshei Bedek ha'Bayis:

1.

(Mishnah - R. Shimon): If (animals of) Kodshei Bedek ha'Bayis died, they are redeemed.

(j)

(Rav): R. Shimon agrees that a Ba'al Mum me'Ikara (it had a Mum before it was Hukdash for the Mizbe'ach) is redeemed (if it died. Tosfos - really, it would be more accurate to say that Chachamim in that Mishnah, who require Ha'amadah and Ha'arachah for Kodshei Bedek ha'Bayis, agree about a Ba'al Mum me'Ikara. Rav says that R. Shimon agrees, for he surely permits it.)

(k)

Question: What is his reason?

(l)

Answer: "Osah" excludes a Ba'al Mum me'Ikara.

(m)

Chachamim (of that Mishnah): If they (animals of Kodshei Bedek ha'Bayis) died, they must be buried.

(n)

(Rav established our Mishnah like R. Shimon. This implies that other Chachamim argue.)

(o)

Question: Who are these Chachamim?

(p)

Answer: They hold like Tana d'Vei Levi;

1.

(Tana d'Vei Levi): Everything requires Ha'amadah and Ha'arachah, even a Ba'al Mum me'Ikara.

2.

Tana d'Vei Levi's text of the Mishnah says that everything requires Ha'amadah and Ha'arachah, even Chayos, even birds.

3.

Question: "Osah" should exclude something!

4.

This is difficult according to Tana d'Vei Levi.

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